Agenda 04/25/2017 Item #16C104/25/2017
EXECUTIVE SUMMARY
Recommendation to approve a $297,960 contract to AMEC Foster Wheeler, Inc., under Request for
Proposal 16-7039 for Construction, Engineering and Inspection Services for the Northeast
Recycling Drop-off Center, Project Number 59009, and authorize the necessary budget
amendment.
OBJECTIVE: To obtain professional construction engineering and inspection (CEI) services for the
construction of the Northeast Recycling Drop-off Center (NERDC).
CONSIDERATIONS: The proposed project provides for the construction of a new county-owned and
operated recycling drop-off center located behind the Collier County Fairgrounds on 39th Avenue off
Immokalee Road. On February 28, 2017, as Agenda Item 16C4, the Board of County Commissioners
approved the selection of AMEC Foster Wheeler, Inc., under Request for Proposal 16-7039 for CEI
services for the NERDC. AMEC Foster Wheeler, Inc., and the county have negotiated a time and
materials proposal in the amount of $297,960 (Attachment 1). The scope of servic es includes daily
construction observation and documentation services, general project management and oversight, and
coordination services. The cost of CEI related services is 4 percent of the project’s construction cost.
FISCAL IMPACT: A $300,000 budget amendment is necessary to move funds from the Airspace
Recovery Project 59015 within the Solid Waste Capital Improvement Fund 474.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. SRT
RECOMMENDATION: To approve a $297,960 contract with AMEC Foster Wheeler, Inc., for CEI
services for the Northeast Recycling Drop-off Center, authorize the Chair to execute the attached
Agreement, and authorize the necessary budget amendment.
Prepared by: Dayne Atkinson, Project Manager, Solid and Hazardous Waste Division
ATTACHMENT(S)
1. 01-NERC CEI - DA (PDF)
2. 16-7039 AMEC_Contract_VendSign (PDF)
04/25/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 2876
Item Summary: Recommendation to approve a $297,960 contract to AMEC Foster Wheeler, Inc.,
under Request for Proposal 16-7039 for Construction, Engineering and Inspection Services for the
Northeast Recycling Drop-off Center, Project Number 59009, and approve the necessary budget
amendment
Meeting Date: 04/25/2017
Prepared by:
Title: Project Manager – Solid and Hazardous Waste
Name: Dayne Atkinson
03/09/2017 12:20 PM
Submitted by:
Title: Division Director - Solid Waste – Solid and Hazardous Waste
Name: Dan Rodriguez
03/09/2017 12:20 PM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 03/09/2017 2:17 PM
Public Utilities Department Margie Hapke Level 1 Division Reviewer Completed 03/10/2017 9:21 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/13/2017 8:28 AM
Procurement Services Ted Coyman Additional Reviewer Completed 03/13/2017 8:29 AM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 03/20/2017 10:11 AM
Procurement Services Swainson Hall Additional Reviewer Completed 03/24/2017 4:47 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/25/2017 9:43 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/11/2017 1:34 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/11/2017 3:23 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2017 3:25 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/17/2017 2:11 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2017 8:47 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM
Classification Project Manager Inspector Engineer/Scheduling Clerical Total
Contract Rate $147.00 $96.00 $123.00 $62.00
Task 1: Construction Inspections - through Substantial
Completion (10 months)
Daily Construction Inspections and Project Management 640 1600 40 160 $268,280.00
Additional Inspector (on an as needed basis)60
Task 2: Construction Inspections - through Final
Acceptance (1.5 months)
Project Closeout 96 144 12 $28,680.00
Sub-Total Task 1 + 2 736 1804 40 172
################$108,192.00 $173,184.00 $4,920.00 $10,664.00 $296,960.00
Misc. Reimbursable -T&M
Photo Copies, Printing, Equipment Rental, etc.$1,000.00
Subtotal Misc.$1,000.00
Effort Breakdown for Task 1
Sr. Inspector @ 40 hrs per week for 40 weeks
PM @ 16 hrs per week for 40 weeks
Clerical @ 4 per week for 40 weeks
Effort Breakdown for Task 2
Sr. Inspector @ 24 hrs per week for 6 weeks
PM @ 16 hrs per week for 6 weeks
Clerical @ 2 per week for 6 weeks
additional 1.5 months for Final Acceptance .
$297,960.00
Task
CEI Services for the Northeast Recycling Dropoff Center
TOTAL NTE FEE
Construction duration is estimated at 10 months to Substantial Completion
Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
2017, 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
Amec Foster Wheeler Environment & Infrastructure, Inc., authorized to do business in the
State of Florida, whose business address is 281 Airport Road South, Naples, Florida 34104
(hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Construction, Engineering,
and Inspection (CEI) Services of the CONSULTANT concerning Northeast Recycling Drop-
off Center (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;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering, and
Inspection (CEI) Services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Nestor Fernandez, CPM a qualified licensed professional to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
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whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically
those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
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"CEI Services Northeast Recycling Drop-off Center"
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Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
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If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to
unilaterally terminate this Agreement immediately.
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.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and/or deficient documents, failure to comply with local, state
and/or federal requirements and/or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all-inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
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comply with the provisions of this paragraph
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN 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 a Change Order or Amendment to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed in
Article Two herein. The agreed
upon scope,
compensation
and schedule for
Additional
Services shall be set forth in the
Change Order
or 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 Procurement Ordinance and
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 a Change Order or 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
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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
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
Contract # 16-7039
" CEl Services Northeast Recycling Drop-off Cent e0
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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.
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
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Contract # 16-7039 COY-
"CEI Services Northeast Recycling Drop-off Center"
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,
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.
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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
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
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"CEI Services Northeast Recycling Drop-off Center'
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. The Project
Manager, or designee, reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the Consultant; and, as a business practice there are no hourly or
material invoices presented, rather, the Consultant must perform to the satisfaction of the
County's project manager before payment for the fixed price contract is authorized.
Contract # 16-7039
"CE[ Services Northeast Recycling Drop-off Center"
Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the Consultant 's employees and subcontractors to perform the work (number of
hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall
apply only to tasks procured under the Time and Materials pricing methodology specified in
paragraph 5.1 above.
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, MicroStation or AutoCAD 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
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Contract # 16-7039
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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
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.
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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 Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
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.
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"CEI Services Northeast Recycling Drop-off Center"
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
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
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Contract # 16-7039
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Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
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this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
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ti
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein
12.6. In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
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giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to 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
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
Contract # 16-7039
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r.r
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:
Collier County Florida Board of County Commissioners
c/o Solid & Hazardous Waste Management Division
3339 Tamiami Trail East Suite 302
Naples, Florida 34112
Telephone: 239-252-5337
Fax: 239-252-6448
Attention: Dayne Atkinson, Project Manager
Email: dayneatkinson@colliergov.net
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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:
Amec Foster Wheeler Environment & Infrastructure, Inc.
281 Airport Road South
Naples, Florida 34104
Telephone: 239-643-4747
Attention: Nestor Fernanadez, Naples Office Branch Manager
Email: nestor.fernandez@amecfw.com
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.
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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, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 16-7039 including Scope of Services, Terms and Conditions
Consultant's Proposal
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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
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Contract # 16-7039
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not submit bids, proposals, or replies on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by 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 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.
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Contract # 16-7039
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ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
**********
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Z
IN WITNESS WHEREOF, the part es hereto have executed this Professional Services
Agreement for Construction, Engineering, and Inspection (CEI) Services the day and year
first written above.
ATTEST.
Dwight E Brock, Clerk
By..-- ..
Date.
Approved as to Form and Legality
Assistant County Attorney
Name
Q
ss
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA.
By:
Penny Taylor, Chairman
Amec Foster Wheeler Environment &
Infrastructure Inc.
(`arc a�e I (Qar- wq- QNB V
Name and Title
--1W3WW
Witness e�
I�1 11srA �S in 10
Name and Title
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Contmet # 16-7039
"CL'I Services Norihcast ReeNcliti& [?op-nft'Cenler,�1
O
amec
foster
wheeler
Amec Foster Wheeler Environment & Infrastructure, Inc.
(the "Corporation")
Certificate of incumbency
I, Greg Gerrish, being the duly appointed Assistant Corporate Secretary of Amec Foster Wheeler
Environment & Infrastructure, Inc. ("AMEC"), hereby certify:
That the following individuals are officers of the Corporation and have authority to execute documents
on behalf of the Corporation with the Florida Department of Transportation.
Name
Title
Thomas J. Logan
President
Kendall H. Sherrill
Vice President Operations Finance & Treasurer
Ann E. Massey
Executive Vice President
Bradley J. Knight
General Counsel & Secretary
Charles Mouzannar
Senior Vice President
David E. Ott
Senior Vice President
Douglas A. Smith
Senior Vice President
J. Allen Kibler, Jr.
Senior Vice President
Hunter Nolen
Senior Vice President
Lytle C. Troutt Jr.
Senior Vice President
David K. Baxter
Vice President & Assistant Corporate Secretary
Robert J. Feighery
Vice President & Assistant Corporate Secretary
Andrew J. Reese
Vice President
Douglas C. Noel
Vice President
Jay W. Martin
Vice President
Marshall Lew
Vice President
Robert M. Jones
Assistant Vice President
Gregory R. Gerrish
Assistant Corporate Secretary
Joanne Karakashian
Assistant Treasurer
Richard T. McSherry
Senior Architect
Herbert Semple
Associate Architect
That the following individuals have been duly authorized by the Corporation to execute documents on
behalf of the Corporation with the Florida Department of Transportation.
Name
Michael Nardone
Mark Diblin
Eric Blomberg
Edward Brown
Carl Christmann
Walter Reigner
Michael Holm
Title
Regional Manager
Area Manager
Office Manager
Office Manager
Office Manager
Vice President/Area Manager
Office Manager
James A. Horton Project Manager
David Butcher Office Manager
Dated this 91" day of January 2015
amec
44
foster
wheeler
Amec Foster Wheeler Environment & Infrastructure, Inc.
(SEAL) by
re ke n'sh
Asst. ecretary
SUBSCRIBED AND SWORN to before me this 9'" day of January 2015.
Bruce Michael Perrault
Notary Public
Province of Ontario, Canada
SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
TASK I — OBSERVATION AND DOCUMENTATION
1.1 Construction Observation — An Inspector will conduct on-site observations and inspections of
all the NERDC construction activities (including any overnight activities) on the project to ensure
that all work is completed in accordance with the Contract Documents. The Inspector will inform
an on-site representative of the construction contractor of any concerns related to conformance
of the NERDC work with the Contract Documents (a concern or an issue) as an attempt to
resolve any concern or issue on-site. If the concern or issue is not immediately resolved in the
field, the Inspector shall inform the COUNTY Project Manager in writing about the concern or
issue within eight (8) business hours, but not more than one business day, after the discovery of
any concern or issue. This protocol will be initiated any time the Inspector becomes aware of
any construction that is unsatisfactory, faulty or defective, does not conform to the Contract
Documents, does not meet the requirements of any inspections, tests or approval required to be
made, or has been damaged before final payment. The Inspector will maintain a separate Issue
Resolution Log documenting any issue or concern that is conveyed in writing to the COUNTY
Project Manager, including any written directive resolving the issue or concern.
Subtask 1.1.1. Construction Phase Program Management
• Coordinate and attend pre -construction conferences with Owner and A/E representative
• Coordinate and attend bi-monthly construction progress meetings
• Listing of construction phase deliverables from Contractor
• Develop/Maintain Project Cost Model
o Track
■ Construction Costs
■ Construction Contingency
■ Change Order Status
• Review of contractor's schedule
• Provide contractors with schedule comments
• Project Management Status Reports
o Generate and distribute monthly
o Include updated construction schedules
o Reflect actual against schedule progress
o Reflect current cost and projected costs
• Review/Track/Monitor status of
o construction progress
o shop drawing submittals
o contract document clarification and interpretations (RFIs)
o respond to RFIs that do not involve design interpretations
o requests for changes to construction cost and or schedule
Processing of Progress Payments
o Together with the A/E and Owner
■ Verify that the work has progressed to the point indicated
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Contract # 16-7039
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■ Verify that the work is in substantial accordance with the contract
documents
■ Verify that the contractor is entitled to the payment in the recommended
amount
■ Verify that the A/E has properly Certified the Request for Payment
• Verify that all required backup documentation such as the appropriate
subcontractor and contractor Releases of Lien have and the Bonding
Company's Consent of Payment are included
■ Recommend payment
1.2 Daily Log and Construction Documentation —An Inspector will prepare a daily log recording
activities and details related to the NERDC work on a form approved in advance by the
COUNTY. Information will be recorded in the daily log on each day construction activities occur.
The daily log entries will record all aspects of the NERDC infrastructure construction during that
day including, but not limited to: construction crew (labor) details, equipment used, materials
used, compliance testing and inspection performed, site conditions, trench conditions, backfill
material used, dewatering methods, compaction methods, location of the work, and all relevant
details related to the NERDC Work. The Daily Log will reference the digital photographs and or
video taken with appropriate file names and file locations. In addition to the construction details,
the daily log will contain information related to: time and hours on the job site, weather
conditions, data pertaining to questions of quantities of materials used, extras or deductions, list
of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test procedures,
conformance inspection of materials and fitting, name plate data for equipment and material
installed, and other information requested by the COUNTY. The daily log, photograph files and
other construction documentation will be provided to the COUNTY by the CEI on a weekly basis
on the first day of the week following the week of daily logs.
Subtask 1.2.1 Document Control System
• Establish and maintain an integrated paper and electronic document control system to
assure control of all engineering and construction records and information received or
produced.
1.3 Photographic Record — Inspector will provide a comprehensive digital photographic record of
the NERDC construction activities related to the project. The digital file names will be
referenced in the daily log along with a brief description of the photograph, the date and time of
the photograph and the name of the photographer. The digital files will be submitted weekly to
the COUNTY along with the construction documentation. Video, if taken to identify issues not
easily determined by photograph, will be provided in digital format.
1.4 General Coordination — CEI will coordinate any and all activities related to the multiple -
beneficial use of completed segments between the construction contractor, the CEI and the
COUNTY. CEI will oversee substantial and final completion inspections, and prepare and
maintain the punch list, including follow-up inspections to ensure that punch list items are
corrected and/or completed.
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Contract # 16-7039
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1.5 Construction Progress Meetings — The CEI will attend scheduled progress meetings with the
construction contractor and the COUNTY to review project status and identify issues that may
affect the Project.
1.6Observe Inspections — The CEI will accompany visiting inspectors representing any
regulatory agencies having jurisdiction over the Project and will record all discussions and the
outcome of these regulatory inspections in the daily logs.
Subtask 1.6.1
Construction Observation Services
o
Conduct on-site observations of work in progress to assist in determining if the
provisions of the contract documents and permitting conditions are being fulfilled
o
Report , in writing, whenever it is believed that work is unsatisfactory , faulty or
defective
o
Report, in writing, whenever it is believed that a hazardous condition exists
o
Maintain log, of the work performed to include
• When the contractor is on the job site
■ Weather conditions
■ Changed conditions
■ List of visitors
■ Drilling and testing activities
■ General observations
■ Specific observations
■ Observed testing procedures
o
Verify that tests, equipment and systems start up are conducted in the presence of
appropriate personnel
o
Verify that the contractor maintains adequate records
o
Provide photographic record of construction
o
Observe materials and workmanship
o
Report, in writing, any deviation from the contract document
o
Coordinate the sampling and testing of materials to be performed by independent
testing laboratories
o
Monitor that record drawing mark-ups are properly maintained
1.7 Substantial and Final Completion Inspections — The CEI will conduct substantial completion
inspections when requested by the construction contractor. During the substantial completion
inspection the Inspector will prepare a punch list of items requiring completion or correction to
the satisfaction of the CEI and the COUNTY. The CEI will be responsible for maintaining the
punch -list and issuing updates to the punch -list on a weekly basis. The CEI will coordinate and
participate in the final walk-through to ensure that the punch -list items are completed to the
satisfaction of the CEI and the COUNTY. Upon the request of the construction contractor and
concurrence of the COUNTY Project Manager, the CEI will conduct final completion inspections
of portions of the project, as they are finished to determine if construction has been completed in
accordance with the Contract Documents and the construction contractor has fulfilled all
obligations therein. Based on the results of the final inspection, the CEI will judge the work
complete or not complete. If the work is judged complete, the CEI will issue a "notice of final
acceptance and recommendation for final payment". If the work is judged not complete, the CEI
will issue written instructions to the construction contractor identifying the work judged not
complete. Upon provision of the construction contractor evidence or assurance that the
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Contract # 16-7039
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deficiencies noted above have been corrected or completed, a second final inspection will be
scheduled to verify that the outstanding issues have been resolved and the CEI can issue a
"notice of final acceptance and recommendation for final payment".
1.8 Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the CEI will assist in coordinating with the Architect to obtain
a signed and sealed certification by a professional engineer in responsible charge of the work
provided by the Inspector stating that the "Project has been completed by the construction
contractor in accordance with the Plans and Specifications of the Contract Documents as
amended".
Subtask 1.8.1 Project Closeout
o Confirm project completion with appropriate agencies
o Verify issuance of Certificate of Occupancy
o Coordinate and attend Substantial Completion Walk through
o Assist the A/E and Owner with development of a "punch list" of items needing
completion prior to Final Acceptance
o Confirm that punch list items are completed
o Coordinate a final review of finished items
o Provide recommendation of acceptance of the project
o Collect all necessary documentation to close the project/contract
■ Lien waivers
■ Contractor's Final Affidavit
■ Close-out change orders
■ Surety's Final Consent
• Process Final Payment
• Provide contractor evaluation
Assist the County with coordination of warranty work (not to exceed the completion date
of the agreement)
Transmit all Project/Program related files to the County
TASK II — CEI PROJECT MANAGEMENT SERVICES
1.9. General Project Management — The CEI will provide support services customarily related to
the construction observation and inspection of similar projects including, but not limited to:
1.9.1 Participate in other meetings as described or implied herein.
1.9.2 Review the construction contractor's monthly applications for payment and accompanying
data and recommend approval of payments due to the construction contractor. The CEI's
recommendation of any payment requested in an application for payment shall constitute a
representation by the CEI to the COUNTY as an experienced and qualified professional, that
based on CEI's onsite observations and inspections of construction in progress; that the
construction quantities in the applications for payment accurately reflects the progress of the
work and that the payment is for work constructed in accordance with the Contract Documents.
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1.9.3 The CEI will provide such field testing and verification that all materials, equipment and
supplies installed or utilized on the Project are in full accordance with the Contract Documents
and approved Shop Drawings provided by the ENGINEER.
1.9.4 Within one month after the construction contractor completes all punch list items to the
satisfaction of the Inspector and the COUNTY and the NERDC work is substantially complete in
accordance with the Contract Documents, the CEI will assist in coordinating with the Architect to
provide a signed and sealed certification by a professional engineer registered in the State of
Florida, that the Work was done under his supervision and performed in accordance with the
Contract Documents, including all approved shop drawings and change orders except as noted.
1.10 Monitor Project Records — The CEI shall monitor all required Project records, including but
not limited to delivery schedules, inventories and construction reports.
1.11 Certifications — The CEI shall prepare and submit certification packages to FDEP prior to
close-out of the project.
1.12 As -Constructed Field Drawings — Inspector shall maintain red pencil "mark-up" notations
and sketches on construction plans that reflect the actual details of constructed facilities. These
Constructed Field Drawings will be used by the CEI to validate the "As -Built" documentation
provided by the construction contractor. The CEI will notify the ENGINEER and the construction
contractor of any differences in the documents maintained by the general contractor and the CEI
on a weekly basis for resolution by the ENGINEER.
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Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
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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 design and
construction status, in terms of the total work effort estimated to be required for the
completion of the Basic Services and any then -authorized Additional Services, as of the
last day of the subject monthly billing cycle. Among other things, the report shall show
all Service items and the percentage complete of each item.
B.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. Observation and Documentation
$268,280
2. Project Management Services
$28,680
3. Reimbursable
$1,000
TOTAL FEE
1$297.,960
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and
incentive) paid to CONSULTANT'S personnel, with respect to this Project, including
all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment I to this Schedule B.
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 to be provided. The negotiated fee shall be based upon
the rates specified in Attachment 1 to this Schedule B and all Reimbursable
Expenses shall comply with the provisions of Section 3.5.1 below. There shall be
no overtime pay on Basic Services or Additional Services without OWNER'S
prior written approval.
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Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center" O
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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.3.1.1 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within
six (6) months after completion of contract. Any untimely submission of invoices
beyond the specified deadline period is subject to non-payment under the legal
doctrine of "laches" as untimely submitted. Time shall be deemed of the essence
with respect to the timely submission of invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual
work done, no signature, etc.) shall be returned to CONSULTANT for correction.
Invoices shall be submitted on CONSULTANT'S letterhead and must include the
Purchase Order Number and the Project name and shall not be submitted more
than one time monthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may
CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum
determined by multiplying the applicable not to exceed task limits set forth in the
table in Section 2.1 by the percentage Owner has determined CONSULTANT
has completed such task as of that particular monthly billing.
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B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2
hereinabove and for reimbursable expenses will be made monthly upon
presentation of a detailed invoice with supporting documentation.
B.3.5. Unless specific rates have been established in Attachment 1, attached to this
Schedule B, CONSULTANT agrees that, with respect to any subconsultant or
subcontractor to be utilized by CONSULTANT for Additional Services,
CONSULTANT shall be limited to a maximum markup of 5% on the fees and
expenses associated with such subconsultants and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must
comply with section 112.061, Fla. Stat., or as set forth in the Agreement,
be charged without mark-up by the CONSULTANT, and shall consist
only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of
Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with
respect to Project related trips, to the extent such trips are approved by
OWNER. Such expenses, if approved by OWNER, may include coach
airfare, standard accommodations and meals, all in accordance with
section 112.061, F.S. Further, such expenses, if approved by OWNER,
may include mileage for trips that are from/to destinations outside of
Collier or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.5.1.6 Other items on request and approved in writing by the
OWNER.
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Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
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Attachment 1
SCHEDULE B
CONSULTANT'S AND SUBCONSULTANT(S) HOURLY RATE SCHEDULE
Title Hourly Rate
Project Manager
$147.00
Inspector
$96.00
Scheduling
$123.00
Clerical
$62.00
The above hourly rates are applicable to Time and Materials projects only. The above list
may not be all inclusive. Additional hourly rates for other personnel may be added upon
mutual agreement in advance and in writing by the Project Manager and the Consultant,
without further Board approval.
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Contract# 16-7039 -
"CEI Services Northeast Recycling Drop-off Center" I
SCHEDULE C
PROJECT MILESTONE SCHEDULE
M
Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
0
Cumulative Number
of Calendar Days
Tasks
For Completion
Description
from Date of
Notice to Proceed for
Services under this
Agreement
1.
Observation and Documentation
Construction duration is
estimated at 10 months to
Substantial Completion
2.
Project Management Services
Additional 1.5 months for
Final Acceptance
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Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
0
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
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shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's 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.
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(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
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.
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Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
Applicable X
(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:
X Single Limit per Occurrence $1,000,000
Products/Completed Operations Aggregate $2,000,000
Aggregate $2,000,000
(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
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Contract # 16-7039
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retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Board of County Commissioners, Board of County
Commissioners in Collier County, or Collier County Government, shall be named as an
Additional Insured and the policy shall be endorsed that such coverage shall be primary to any
similar coverage carried by the OWNER.
(4) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT 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
(5) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT 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
(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 - $1,000,000
UMBRELLA LIABILITY
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Contract # 16-7039
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(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:
X $1,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
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Contract # 16-7039
"CEI Services Northeast Recycling Ixop-off Center"
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
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
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Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
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
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Contract # 16-7039
"CEI Services Northeast Recycling Drop-off Center"
JJ,
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Amec Foster Wheeler Environment & Infrastructure, 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 CEI
Services North East Recycling Drop-off Center are accurate, complete and current as of the
time of contracting
Amec Foster Wheeler Environment &
Infrastructure, Inc.
BY "-�
TITLE: C,eN,v,2 V Q
DATE: 4 S ' I_3-
C.mtrict 9 16-7039
-'CLI Sen ices Northeast Rec%cling Crop-ofl'Center"
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Name Personnel Category % of time
Paul Abbott Amec FW Senior Inspector
Nestor Fernandez Amec FW Project Manager
Frederick Sexton AECOM Senior Inspector (Backup Insp.)
F-1
100%
50%
10%
Contract # 16-7039
"CEI Services Northeast Recycling [top -off Center"