Agenda 01/24/2012 Item #16E21/24/2012 Item 16.E.2.
rzecutive Sumwn
RecommendaBon to I approve Amendment 5 to contract 06 -3939 "Northeast
Regional utility Program Management. and Oversight Services" with Malcolm
Pinde, Inc., for services during Program hibernation and reactivation of the
Northeast Facilities Program Projects 70899, 73156, 70902, and 75012.
OBJECTIVE: To amend the above referenced contract to continue resources, support
and professional engineering services to manage activities during the hibernation and
reactivation of the Northeast Facilities Program.
CONSIDERATIONS: The Northeast Facilities Program is comprised of multiple, inter-
related elements providing water and wastewater utility, and recycling services to the
residents in the northeast region of the county. The two largest components of the
program include those projects related to the Northeast Regional Water Treatment Plant
(NERWTP) and the Northeast Water Reclamation Facility (NEWRF).
The projected growth and population figures developed for Collier County during the
planning period in October 2007, showed a slower rate of growth that effectively delayed
the need for new water and wastewater treatment facilities in the northeast area of the
County. Staff therefore submitted an executive summary which was approved as agenda
item 16C2 on January 26, 2010, which recommended putting the Program into
hibernation until such time that projected population growth and its related demand for
services required reactivation of the Program. As part of that Board approval, contract
06 -3939 with Malcolm Pirnie Inc. (originally approved by the Board on June 20, 2006,
Agenda Item 16(C )4), was amended; along with three others, to allow for continuation of
some services during hibernation, while positioning the team for immediate reactivation
of the Program when necessary.
The original contract was established for an initial two (2) year period, with three (3)
additional two (2) year renewal options. The executive summary for hibernation stated
that the amendments to the contracts would include language that would accommodate
any necessary time extensions to continue the contracts through the hibernation period
and allow modifications to the contracts for the services that may be provided during the
hibemation period and in the future. The language regarding time extensions was
applicable to the other three hibernated contracts, but should not have been applied to the
Malcolm Pirnie contract,. which still had available renewals. Because the hibernation
occurred in the middle of a renewal period for contract 06 -3939, this resulted in a conflict
between the original agreement and the executive summary, when all of the contract
expiration dates were set in the SAP system as 2014. An amendment has now been
created to resolve the discrepancy and allow limited use of services during the balance of
the hibernation period until the point of reactivation, in accordance with the Board's
direction. In summary, per the intent of the Board and sta$ the contract with Malcolm
Pirnie needs to remain continuously open at least through June 19, 2014 to allow for
limited activity during the hibernation period and for the re- initiation of the project scope
at a later date with Board approval.
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1/24/2012 Item 16.E.2.
The antics activities during Program hibernation include (1) Semi- annual Program
meetings to review Program element status; such as permitting, AUIR and Master Plans,
reactivation triggers, and Program schedule, (2) other Program related services as
requested by the Project Manager, such as assistance with projections for project
budgeting, and Change Tree Utility transition activities; and, (3) preparation for Program
reactivation, when determined The projects are consistent with the 2008 Water and
Wastewater Master Plan Updates adopted by the Board on June 24, 2008, as Agenda
Items I OB and 10C.
FISCAL ACT: The budget for services to be performed in each fiscal year will be
approved through the adoption of the annual budget for that year. The source of funds is
Water and Wastewater Impact Fees.
LEGAL =O S–D—=& NS: This item has been reviewed and approved by the
County Attorney's Office, is legally sufficient for Board action and requires majority vote
for approval —SRT
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers
the Goals, Objectives, and Policies of the Collier County Growth Management Plan.
RECO =NDATION: That the Board of County Commissioners, as the Ex- officio
Governing Board of the Collier County Water -Sewer District:
• approve Amendment 5 to contract 06 -3939 Northeast Regional Utility Program
Management and Oversight, with Malcolm Pirne, Inc.
• authorize the Chairman to sign Amendment 5 after County Attorney approval for
form and legal sufficiency.
PREPARED BY: Kelsey Ward, Contract Administration. Manager, Purchasing
Department.
Attachments! Contract, Amendment 5.
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W
1/24/2012 Item 16.E.2.
^ COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
Item Summary: Recommendation to approve Amendment 5 to contract 06 -3939
"Northeast Regional Utility Program Management and Oversight Services" with Malcolm Pirnie,
Inc., for services during Program hibernation and reactivation of the Northeast Facilities
Program Projects 70899, 73156, 70902, and 75012.
Meeting Date:. 1/10/2012
Prepared By
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
12/28/2011 12:28:24 PM
Submitted by
Title: Manager - Contracts Administration,Purchasing & Ge
Name: WardKelsey
12/28/2011 12:28:25 PM
Approved By
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 12/28/2011 1:44:03 PM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 12/28/20112:26:08 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 12/28/20113:14:03 PM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
^ Date: 12/28/20113:54:16 PM
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Name: SmithKristen
1/24/2012 Item 16.E.2.
Title: Administrative Secretary,Risk Management
Date: 12/28/20113:54:59 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/20118:42:01 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 12/29/2011 12:02:22 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 12/29/2011 1:07:09 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/30/20119:17:02 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/3/2012 8:45:39 AM
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1/24/2012 Item 16.E.2.
Contract Amendment 5 to Contract # 06 -3939
"Northeast Regional Utilities Facility Program Management Oversight"
This amendment, dated ,. 2011 to the referenced agreement shall be by and
between the parties to the original Agreement, Malcolm Pirnie Inc., (to be referred to as "Consultant ")
and Collier County, Florida, (to be referred tows "Owner" or "County ").
Statement of Understanding
RE: Contract # 06 -3939 "Northeast Regional Utilities Facility Program Management Oversight"
The following change to the above referenced Agreement has been mutually agreed to by the Consultant
and the County. The additions to the existing language in the Agreement are shown herein by underlining:
deletions from the Agreement are shown by s e* eughs.
Section 4.6
4.6
.
This contract is established for an eight (8) year period beginning on the date of approval June 20 2006
by_ the Collier County Board of County Commissioners (`Boards and terminating on June 19 2014
unless otherwise extended by the Board.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
ATTEST: CONSULTANT
Corporate Secretary/Witness
By:
Dated:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
Legal sufficiency:
Deputy County Attorney
MALCOLM PIRNIE, INC.
By:
Title:
Dated:
OWNER:
BOARD OF OWNER COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
FRED W. COYLE, Chairman
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1/24/2012 Item 16.E.2.
PROFESSIONAL SERVICES AGREEMENT
Contract 06 -3939
Northeast Regional Utility Program Management and Oversight Services
THIS AGREEMENT is made and entered into this 20th day of June, 2006, 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 Malcolm
Pirnie, Inc., authorized to do business in the State of Florida, whose business address is 4315
Metro Parkway, Suite 520, Fort Myers, Florida, 33916 (hereinafter referred to as the
"CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Program Management and
Oversight services of the CONSULTANT concerning development of the Northeast Utility n
Facility (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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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Program Management and
Oversight 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 maximum 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 Robert H. French, 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
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the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject
to the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict.
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
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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 or Change Order to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed in
Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Amendment authorizing those Additional Services. With
respect to the individuals with authority to authorize Additional Services under this Agreement,
such authority will be as established in OWNER'S 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
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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 or Change Order 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.
n
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
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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, approve subconsultants, 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:
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(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.
(f) Provide or cause to be provided all correspondence, reports, plans,
documented communications, and all other pertinent information between the
OWNER and other consultants and contractors related to this PROJECT.
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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, acts of the OWNER or the OWNER's designated representative, consultant or
contractor, 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 one hundred eighty (180) calendar days,
CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that
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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.
4.6 This contract is established for a two (2) year period, beginning on the date of approval
by the Collier County Board of County Commissioners, with three (3) additional two (2) year
renewal options.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
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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 except such documents delivered to OWNER in accordance with Article
6.1. 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.
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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
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
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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 of an
Occurrence Form patterned after the current I.S.O form with no limiting
endorsements, 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
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.
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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.
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.
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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, 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
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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
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (iii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
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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
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
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was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those. services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building H
3301 Tamiami Trail East
Naples, Fl. 34112
Attention: Stephen Y. Carnell, Purchasing /General Services Director
Fax: 239 - 732 -0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
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States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Malcolm Pirnie, Inc.
1425 South Andrews Avenue
Fort Lauderdale, FL 33316
Attn: Steven C. Schwarz, P.E.
Telephone: 954 - 761 -3460
Fax: 954 - 761 -8857
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
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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
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.
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ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on
the convicted vendor list."
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ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision - making authority and by OWNER'S staff person who would
make the presentation of any settlement reached during negotiations to OWNER for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the
parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of CONSULTANT with full decision - making
authority and by OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Northeast Regional Utility Program Management and Oversight Services the day
and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA,
By:
Date:
Approved as to form and
legal sufficiency:
Assistant County Attorney
By:
Frank Halas, Chairman
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MALCOLM PIRNIE, INC.
TWO WITNESSES:
1/24/2012 Item 16.E.2.
By:
FIRST WITNESS
Type /Print Name and Title
Type /Print Name
SECOND WITNESS
Type /Print Name
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Schedule A
Scope of Services
Contract #06 -3939
Northeast Regional Utility Program Management and Oversight Services
This Scope of Services is for the first year of the Contract only. Tasks that have no dollar value
associated with them in Schedule B.1 have been negotiated out of the first year Contract. The County
reserves the right to negotiate the Scope of Services as required for the second year of the contract.
Tasks that are shaded or have been negotiated out of the first year Contract may or may not be
negotiated into future years' Scopes of Services.
Background
The Northeast Regional Utility Facility represents a unique opportunity to develop utility infrastructure
that defines the standard for project delivery, operating performance, and public acceptance. The
County has prepared a set of "Guiding Principles" for Development of the Northeast Regional Utility
Facility. These Principles will be used as guidelines throughout the delivery of services provided by this
Agreement.
One of the greatest challenges facing Collier County Utilities is staying ahead of growth. It is the
County's responsibility to ensure sufficient capacity of utility infrastructure for present and future utility
customers. Timely completion of each phase of each project in the Northeast Regional Utility Facility
Program is critical to meeting this responsibility.
Identification of population distribution in accordance with the 2005 AUIR which has resulted in
modifications to the 2005 Water and Wastewater Master Plan. The impact of these changes will be
incorporated into the Implementation Charter and the Program Management Plan resulting in changes to
the phased capacity, schedule and budget for the Program development. These documents will provide
the implementation direction for each project within the Program.
The proposed 2005 Water and Wastewater Master Plan Updates establish a conceptual budget and
schedule for the phased development of water and wastewater capacity at the Northeast Plants. The
Northeast Water Treatment Plant ( NEWTP) is planned to have 30 mgd reliable, sustainable capacity
within the planning period. The first phases (phase 1A and 1 B) are planned to be 10 mgd and 5 mgd
respectively for a total of 15 mgd reliable, sustainable capacity. The Northeast Water Reclamation
Facility ( NEWRF) is planned as a 20 mgd reliable, sustainable buildout capacity with the first phase at 4
mgd. There are currently nine separate, critically linked Projects, many with multiple, independent sub-
projects that make up the Northeast Utility Program.
Northeast Plants
The immediate focus of the NEWTP and the NEWRF is the first phase, 10 mgd water and 4 mgd
wastewater facilities. It has been anticipated that certain long lead activities required for future planned
expansions of these facilities and other critically linked projects must be started before completion of the
initial phase.
In addition to the actual water and wastewater treatment facilities, the first phase of the Northeast Plants
project includes the following sub - projects:
• the development of a deep injection well system,
• Common Facilities including an administrative building, and water distribution and wastewater
collection system staging facilities
• storage and high service pumping for potable and irrigation quality water,
• land clearing and landscape buffer construction, and '1
• Other related plant features.
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The Design Professional has been selected for this project and is working on the second year of
their contract with the County. The Construction Manager at Risk for construction of most of the
Northeast Plants sub - projects has been selected but the County has not concluded contract
negotiations.
Northeast Wellfield
Phase 1A of the Northeast Wellfield will supply fresh and brackish water to the 10 mgd water treatment
plant. While the impact of the Proposed Water Master Plan on the Northeast Wellfield has not been
finalized, the initial two phases 1A and 1B will be located in fifteen (15) sites surrounding the 216 -acre
Northeast Utility Facility and the adjacent fairgrounds'property that is owned by Collier County. Phase
1A of the Northeast Wellfield will be comprised of an estimated eleven (11) individual well sites. Each
wellsite will be laid out to accommodate three (3) wells. Wellfield Phase 1 B will be comprised of four (4)
wells to be on the fairground property. The perimeter wellfield will be connected with three pipelines and
an electrical /instrumentation duct bank. Coordination of design and construction of the Northeast
Wellfield and Northeast Plants is critical to the timely development of the facilities.
Master Pump Stations
Master wastewater pumping stations and force mains will be required to transport wastewater from the
existing North Wastewater Service Area to the NEWRF. The design and commissioning of these
facilities must be coordinated with the design and commissioning of the NEWRF. Master Pump Station,
Project No. 73079, will be located in the Heritage Bay Planned Unit Development. Master Pump Station,
Project No. 73153, will be located east of C.R. 951 and Immokalee Road.
Immokalee Road Pipelines
The Immokalee Road corridor is the primary transportation link between the service area and the new
Northeast Plants, and makes an ideal corridor for the location of most of the interconnecting pipelines.
More than two (2) years ago, the County planned for a water transmission main and the wastewater
force main to be constructed along with the Immokalee Road improvement and widening project. More
recently, it was determined that the irrigation quality reclaimed water transmission main and future raw
water mains should also be constructed along with the roadway construction.
Irrigation Quality Water System
When completed, the conceptual design of the Irrigation Quality Water System will identify large,
potential irrigation quality water customers within a reasonable distance of the Northeast Plants and plan
a transmission system for distribution of the product. The conceptual plan for transmission and
distribution of irrigation quality reclaimed water is only the first, accelerated step of planning and
implementing the Northeast Irrigation Quality Water System project. Since this project is intended to be
the primary method of wastewater effluent disposal, it is critically linked to the Northeast Regional Utility
Facility Program. The next step for this project will require selection of a consultant to develop a
comprehensive plan for the phased implementation of the project, including management, operation and
maintenance in accordance with the County Irrigation Quality Master Plan currently under development.
Community Park
The County Parks and Recreation Department is planning a Community Park on the western portion of
the Northeast Regional Utility Facility site. While the plan is only in the conceptual stage, it is envisioned
to provide passive open -space areas and potentially some form of aquatic recreation. The new park
may be used in conjunction with the Fairgrounds property, which is also owned by Collier County.
^ Activities related to development of the park must be coordinated to avoid conflict during construction of
the Northeast Regional Utility Facilities. It is also important to segregate the cost of the Northeast
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Regional Utility Facility development from the park development since utilities are an enterprise fund
function and parks are a general fund function.
Community Recycling Center
The Solid Waste Group of Collier Utilities is planning a Community Recycling center and Household
Hazardous Waste drop off center on the Northeast Utility Facility Site. This project is intended to be
located in the park area on the west side of the site, adjacent to the fairground. Approximately six (6)
acres is reserved for the recycling center. Development of the Recycling Center must be coordinated
with the Northeast Utility Facility to avoid conflicts during construction. Likewise, development costs
must be segregated to maintain enterprise fund covenants and integrity.
Orangetree Utility Transition
In 1991 (plus subsequent amendments) Collier County and Orangetree Utility agreed to transition the
interim Orangetree Utility customers to the Collier County Utility System in the year 2012. The
Orangetree Utility water and wastewater treatment facilities will be phased out and the County will
construct appropriate interconnection pipelines to the Northeast Regional Utility Facility. Prior to the
actual transition of treatment service, the County must consider potential impacts to the County's utility
system and the Orangetree customers. There are many issues that must be quantified with policy
decisions framed for discussion and determination by the Board of County Commissioners. The
interconnection facilities must be designed and constructed. The existing Orangetree collection and
distribution system must be inspected and evaluated to be certain that it meets the County's quality and
maintenance standards and, if not, plan for the capital improvements to bring them up to that standard.
Decisions, capital improvements, and developer contributed assets that are being implemented now will
impact the transition in 2012. Establishment of a dialog with Orangetree Utility and a plan for the
transition is essential to ensuring the process proceeds smoothly for Collier Utilities, Orangetree Utilities
and the customer base of both utilities.
Potential Bulk Water Supply
Fresh, high quality groundwater is a valued, limited resource in Collier County that is generally
concentrated away from the coast. Typically, the life cycle cost of treating fresh raw water is
substantially less than the treatment of brackish water. Collier County Utilities has been approached by
a group representing major land holdings in fresh water rich central Collier County. The concept is the
development of fresh, raw water resources for bulk sale to Collier County to be processed at one of the
County's Water Treatment Plants. The facility nearest to the potential source of this bulk water is the
Northeast Utility Facility. A dialog will be established to expand on the bulk raw water supply concept
taking into consideration the reliability, security, sustainability and quality of the water supply and delivery
system. As the concept is developed, the County can determine whether to continue the dialog or
proceed in a different direction.
Project Phasing and Schedule
To compound the interrelationship between these critically linked projects, the proposed 2005 Water and
Wastewater Master Plan Updates call for the phased or staged development of each project. The first
phase of the Northeast Regional Utility Facility is currently scheduled to come on line in FY2011. Long
lead time tasks for subsequent project phases required to meet future growth and service commitments
must be started before completion of the first phase. Overlapping schedules and delivery
commitments, involving design professionals, construction managers, contractors and the County must
be planned and monitored to ensure the program exceeds the expectations of customers represented by
the County Water and Sewer District.
Project Delivery Model
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As provided in our response to the County's RFP, Malcolm Pirnie's approach to program management is
to generally organize the program delivery team into two categories. The first is organized around
program level tasks. These include tasks such as administration, budget and cost control, engineering
management and construction management that impact the coordination and delivery of all of the
program's projects. The second group is organized around delivery of the projects. The delivery of each
project will be different to accommodate the specific characteristics of the project.
Scope of Services
The scope of services for the Northeast Regional Facility Program is generally described in the following
sections. The scope of services is organized by program and project level activities, and is based on
activities that may be required during the initial two year contract term. Activities to be provided after the
initial one year authorization are shaded for clarity. This Scope of Services may be expanded in
accordance with the contract documents for additional term(s) and expanded services related to the
Northeast Utility Facility Program by mutual agreement.
Program Level Activities
1. Program Management
a. Attend program level meetings
I. Community Advisory Panel (CAP) and other community meetings (up to 8)
ii. Program Delivery Team meetings (up to 12) — Program Manager will prepare the agenda with
attachments and readaheads and prepare a meeting summary or minutes.
b. Financial Management Plan Support and Coordination - The Financial Management Plan (by others)
will develop a strategy for obtaining funding for the Northeast Facility Program. The Plan will be
incorporated into the Program Implementation Charter.
c. Prepare and update program management documents
i. Northeast Facility Implementation Charter - The Implementation Charter will be revised to reflect
changes to the 2005 Water and Wastewater Master Plan Updates and annual AUIR updates.
This document will serve as a development plan for the Northeast Plants and Wellfield Project
Delivery Teams for scheduling, sizing, estimated cost, and phasing.
ii. Program Management Plan (PMP) - The Program Management Plan serves as a detailed guide
to the development of projects including staff and consultants, schedules and budgets. It
identifies technical and non - technical aspects of the program including project stakeholders and
participants. The Northeast Plants Project Management Plan will be expanded to summarize all
Projects within the Northeast Regional Utility Facility Program. The PMP will be updated monthly
iii. Master Activity Schedule — The Master Program Schedule is a tool to help plan and track phases,
tasks and project milestones of the program. The schedule will be updated monthly to account
for completed Project tasks and Project schedule changes utilizing approved information for each
project.
d. Provide Program Management and Information System (PMTS)
i. Implement an Electronic Document Management System (EDMS) for the electronic storage and
retrieval of Program and Project related documents.
ii. Not Used
iii. Not Used
iv. Implement a Program Permit Tracking System to plan and monitor all regulatory permits required
for each Project within the Program. This System will be updated monthly.
e. Not Used
f. Provide monthly NE Regional Utility program management progress reports by summarizing and
compiling all project progress reports. Monthly program status reports will include an update on each
project identifying progress, issues and updated work plans. Monthly Program Status Reports will be
submitted to the County on the 15"' day of the following month.
2. Program Oversight and Quality Control - A program oversight director will monitor the progress,
direction, and quality of the program to ensure that appropriate management systems are properly
applied and the lessons learned from other major program management assignments are considered on
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the Northeast Regional Utility Program. The oversight director will meet semi - annually with the program
management staff and Program Director. The program oversight group will be responsible for the
following:
a. Oversee overall direction of program
b. Provide semi - annual program reviews
c. Ensure program tools are properly applied
d. Ensure lessons learned from other PM assignments are considered
3. Public Information — The OWNER will contract separately with a Public Information Consultant that will
be responsible for establishing and implementing a public information program (PIP) to provide technical
assistance in the area of public information and relations for the Northeast Regional Utility program.
The CONSULTANT will coordinate with and support activities of the Public Information Consultant.
4. Cost/Budget Control - A Budget and Cost Control Manager will be responsible for monitoring budget and
cost information for projects in the Northeast Regional Utility Program. The Cost Control Manager will
be responsible for the following:
a. Provide internal monitoring and oversight of Program budget and cost activities.
i. Participate in monthly project and program level meetings (up to 12).
ii. Develop spreadsheets to monitor budgets and expenditures for all projects.
iii. Develop internal project policies and procedures for monitoring financial activities, including
change orders and invoice reviews. Lines of communication amongst the various stakeholders
will be identified, which at a minimum would include the Purchasing Department, Clerk of Courts,
Public Utilities Operations Department, and Public Utilities Engineering Department.
b. Prepare monthly financial reports. This involves reviewing the status of each project and tracking
financial data. The financial status report will be submitted to the Program Manager to be included in
the monthly NE Regional Utility program management progress report.
c. Manage internal financial monitoring activities for the program and individual projects.
i. Track budget estimates for projects for the various phases, such as planning, design, and
construction.
ii. Track and document budget changes due to changes in scope and improved cost estimates.
iii. Develop quarterly cash flow projection for the program.
d. Provide Funding Support
i. Provide technical support to assist the County in obtaining SRF Funds and grants. This includes
ensuring that consultants and other contractors prepare appropriate technical reports in a timely,
responsive, and accurate fashion.
ii. Coordinate funding activities with County staff and financial consultants.
5. Contract Administration - A Contract Manager will be responsible for assisting the County with contract
procurement, negotiations and administration of all contracts related to the Northeast Regional Utility
Program. The Contract Administration Manager will be responsible for the following program level
activities:
a. Prepare a Contract Procurement Plan in conjunction with the County Purchasing Department for
procuring all required contracts for the Northeast Regional Utility Program. This plan will identify
each required County contract, procurement protocol including steps for procuring required services,
pre - qualification of construction contractors, and selection protocol.
b. Review project status reports for each project and prepare a monthly report on procurement and
administration progress and issues, including proposed contract changes. A Contract Administration
Report will be prepared monthly incorporating updates for each project and included in the monthly
Program Status Report.
6. Engineering Management - An Engineering Manager will be responsible for providing technical support,
performance guidelines, and quality reviews for the design services related to each project. The
Engineering Manager will be responsible for the following program level activities:
a. Coordinate Value Engineering and peer reviews.
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1/24/2012 Item 16.E.2.
b. Prepare an Engineering Management and Design Review Plan. The Engineering Management and
Design Review Plan will be included in the Program Management Plan and identify the review criteria
for all project designs:
c. Review the status reports of each project and prepare monthly status report on overall program'
design progress.
7. Construction Management - A Program Construction Manager will be responsible for construction
oversight of each project and will be involved with the following program level activities:
a. Prepare Construction Management Plan. This will be a part of the Program Management Plan and
will provide the following information:
i. Identify overall roles and responsibilities of each consultant and contractor during construction of
each project.
ii. Define construction oversight procedures and protocol.
iii. Prepare construction monitoring and reporting systems consistent with County policy.
b. Review monthly status reports for each project and prepare monthly summary report on overall
program construction status and progress. The Program Construction Status report will be included
in the monthly NE Regional Utility program management progress report.
c. Attend construction progress meetings.
d. Visit each construction site regularly including informal meetings with on -site engineering and
construction management or supervisory personnel.
e. Supervise or oversee construction inspection staff as required.
Project Level Activities
8. Northeast Plants Phase 1A:
a. Attend up to six (6) meetings and design workshops.
b. Prepare monthly project status reports or interim progress reports. The Project Manager will prepare
a monthly project status report that will report the progress of each project contractor. Project status
reports will include monitoring of the project budget and cost, schedule tracking, issues, design and
construction progress, performance indicators, and other key project activities.
c. Site Improvement Plan (SIP)
i. Review final buffer design. Design reviews will be conducted by senior technical staff for
applicable disciplines.
ii. Review permit applications for accuracy and completeness before they are submitted to the
regulatory agency.
iii. Assist with site clearing and landscape buffer contract procurement with the following services, to
include bid package review, review of bids and recommendation for selection.
iv. Provide construction oversight for land clearing and landscape buffer construction.
d. Site Development Plan (SDP)
i. Attend pre - permit meetings. This includes up to two (2) meetings with regulatory agencies
ii. Review designs for general compliance with contract provisions.
iii. Review Site Security Plan
iv. Review Noise, Light, and Odor Abatement Plan
v. Review permit applications for accuracy and completeness before they are submitted to the
regulatory agency.
e. Prepare Facility Management Plans
i. Non - Process Facility Management Plan. The Non - process Facility Management Plan will identify
the organization and protocol required to maintain all non - process facilities and equipment
related to the Northeast Utility Facility.
ii. Process Facility Management Plan. The Process Facility Management Plan will provide a
management structure for the entire facility and include a plan for each department of the facility.
This plan will also address operation and maintenance of all process facilities and equipment.
f. Assist with the procurement of consultants for construction cost estimate and constructability review.
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1/24/2012 Item 16.E.2.
L Northeast Plants construction cost estimates. Assist with procurement of a Construction Cost
Estimating Professional to provide construction cost estimates for the NERWTP, NERWRF, and
the common facilities.
ii. Northeast Plants constructability reviews. Assist with procurement of a Constructability Review
Consultant to provide constructability reviews for the NERWTP, NERWRF, and the common
facilities.
g. Design Phase
g. (1) NERWTP
L Review design documents for conformance with Contract requirements and industry standards.
ii. Coordinate and review constructability review by others
iii. Facilitate Operation and Maintenance review of designs for NERWTP.
iv. Coordinate and review third party construction cost estimate
g. (2) NEWRF
L Review design documents for conformance with Contract requirements and industry standards.
ii. Coordinate and review constructability review by others
iii. Facilitate Operation and Maintenance review of designs for NERWRF.
iv. Coordinate third party construction cost estimate
g. (3) Common Facility
L Review design documents for conformance with Contract requirements and industry standards.
ii. Coordinate constructability review by others
iii. Coordinate third party construction cost estimate by others
g. (4) Deep Injection Well
L Review design documents for conformance with Contract requirements and industry standards.
h. Deep Injection Wells Construction Phase
L Assist with procurement of a Construction Contractor
ii. Provide construction oversight services
iii. Provide full -time construction inspection (as required)
iv. Review permit applications
v. Provide Construction oversight and monitoring
9. Northeast Plants Phase 1 B. Attend meetings and planning workshops relative to Phase 1 B of the
Northeast Utility Facility.
10. Northeast Wellfield Phase 1A:
a. Attend Wellfield Steering Committee meetings including up to twelve (12) monthly project
development and status meetings, and up to four (4) Wellfield Program Management meeting.
b. Prepare monthly project status reports. The project manager will prepare a monthly project status
report that will report the progress of each project contractor. Project status reports will include
monitoring of the project budget and cost, schedule tracking, issues, design and construction
progress, performance indicators, and other key project activities.
c. Review design documents for conformance with Contract requirements and industry standards.
d. Review permits applications prior to submission to regulatory agencies.
e. Monitor well field contractor procurement (pre - qualified construction contractor)
f. Provide construction oversight services
g. Provide construction inspection services as required
11. Northeast Wellfield Phase 1 B.
a. Assist with easement negotiations for off -site wells
b. Attend up to 12 planning meetings related to the development of the Northeast Wellfield Phase 1 B.
c. Prepare quarterly project status updates
d. Review engineering reports and design documents for conformance with Contract requirements and
industry standards.
e. Review permit applications prior to submission to regulatory agencies. ^
f. Assist with well driller contractor procurement
g. Provide construction oversight services as required
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1/24/2012 Item 16.E.2.
12. Master Pump Stations:
a. Attend meetings and design workshops. This includes up to ten (10) design review meetings and two
10-N (2) permit meetings.
b. Prepare monthly project status reports. The project manager will prepare a monthly project status
report that will report the progress of each project engineer and contractor. Project status reports will
include monitoring of the project budget and cost, schedule tracking, issues, design and construction
progress, performance indicators, and other key project activities.
c. MPS #73153 and MPS #73039
L Review designs for conformance with contract requirements, County and Industry Standards.
ii. Review permits applications prior to submission to regulatory agencies.
iii. Assist with construction contractor procurement (open bid)
iv. Provide construction oversight and inspection services
13. Immokalee Road Pipelines:
a. Attend up to six (6) design and workshop meetings during the planning and design of the facilities.
b. Prepare monthly project status reports. The project manager will prepare a monthly project status
report that will report the progress of each project contractor. Project status reports will include
monitoring of the project budget and cost, schedule tracking, issues, design and construction
progress, performance indicators, and other key project activities.
c. Review designs for conformance with contract requirements, County and industry standards.
d. Review permits applications prior to submission to regulatory agencies.
e. Assist with construction contractor procurement (open bid)
f. Provide construction oversight services
g. Provide construction inspection services (if required)
14. Irrigation Quality Water System:
a. Attend up to six (6) planning meetings or workshops.
b. Prepare monthly project status reports. The project manager will prepare a monthly project status
report that will report the progress of each project contractor. Project status reports will include
monitoring of the project budget and cost, schedule tracking, issues, design and construction
progress, performance indicators, and other key project activities.
c. Review irrigation quality water system concept plan for conformity with Contract requirements,
County standards and industry standards.
d. Assist with irrigation quality water transmission and distribution system design professional
procurement.
i. Prepare RFP /Scope of Work
ii. Proposal review and selection assistance
iii. Contract negotiations
e. Review irrigation quality water transmission and distribution system designs.
f. Review irrigation quality water system permit applications prior to submission to regulatory agencies.
g. Assist with irrigation quality water system construction contractor procurement (open bid).
h. Coordinate with County on customer user agreements
i. Provide construction oversight services
j. Provide construction inspection services as required.
15. Orangetree Utility Transition:
a. Identify all necessary components and particularly critical issues to implement the transition and
prepare and update a Project Management Plan.
b. Attend up to six (6) planning meeting to plan the transition of Orangetree Utility customers to the
County Utility system.
1111 16. Regional Park:
a. Attend up to four (4) meetings to coordinate the development activities of the Regional Park with the
Northeast Utility Facilities.
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1/24/2012 Item 16.E.2.
b. Prepare cost allocation tables for the separation of expenditures between funds for the development
of common facilities.
c. Review designs for compatibility with the Northeast Utility Facilities.
d. Review permits applications for conformity with the Northeast Utility Facility plans and permit
applications.
17. Regional Recycling Center. Development plans for the Regional Recycling Center on the Northeast
Facility Site have not been finalized. Space within the Northeast Facility site will be reserved for the
recycle facility. Coordination tasks listed below will be provided during the initial term of this contract.
Fees for project management services for development of the recycle facility will be included as an
Allowance in this Agreement. Final project management fees and the detailed scope of services
following the initial coordination listed below will be mutually agreed and authorized in writing by
OWNER. Coordination activities are as follows:
a. Attend up to four (4) planning meetings for development of an implementation plan for the Regional
Recycling Facility.
b. Provide coordination activities with other projects to reduce conflicting schedules and activities and
ensure development and occupational compatibility.
c. Provide allocation of the development costs for common facilities relative to the recycle center.
18. Potential Bulk Water Supply. The development of fresh, raw water resources for bulk sale to Collier
County to be processed at one of the County's Water Treatment Plants is a concept being considered.
The facility nearest to the potential source of this bulk water is the Northeast Utility Facility. A dialog will
be established to expand on the bulk raw water supply concept taking into consideration the reliability,
security, sustainability, and quality of the water supply and delivery system. As the concept is
developed, the County can determine whether to continue the dialog or proceed in a different direction.
Fees for project management services to initiate negotiations for the bulk purchase of fresh water will be
included as an Allowance in this Agreement. Final fees and the detailed scope of services following the
initial coordination listed below will be mutually agreed and authorized in writing by OWNER.
Coordination activities are as follows:
a. Attend up to four (4) planning meetings for development of the concept of bulk water supply
purchase.
b. Provide supporting communications and documentation of initial meetings.
An Allowance of ten percent (10 %) in the amount of $68,525 has been added to the contract amount to
provide for contingent tasks that may arise in connection with this dynamic project. Authorization for use
of funds from the Allowance will be in writing by Change Order.
Funds may be moved between lump sum Tasks as authorized in writing by Change Order.
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1/24/2012 Item 16.E.2.
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of :
Alicia Abbott, Project Manager
Collier County Public Utilities Engineering Department
3301 Tamiami Trail, East
Building H
Naples, Florida 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule B.1 and the payments per task line shall be
made on a percentage complete basis.
See Schedule B.1
B.2.2. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided and as set forth in the Amendment or Change Order authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in Schedule
B.2 to this Schedule B and all Reimbursable Expenses shall comply with the provision of
Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S
prior written approval.
B.2.3. The compensation provided for under Section 2.1 of this Schedule B, shall be the total
amount possible to be paid 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.2.4 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for Services
performed under this Agreement, CONSULTANT shall continue to perform the Services
required of it under this Agreement, as directed by OWNER, pending resolution of the dispute
provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not
dispute are due and payable.
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1/24/2012 Item 16.E.2.
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 foes 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 (1)
invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and
must be submitted in triplicate in a form and manner required by Owner. Additionally, the
number of the purchase order granting approval for such services shall appear on all
invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one (1) time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum
markup of five percent (5 %) on the fees and expenses associated with such subconsultants
and subcontractors.
n
B.3.4.1 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.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from /to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
8.3.4.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
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1/24/2012 Item 16.E.2.
B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
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1/24/2012 Item 16.E.2.
Schedule B.1
Contract #06.3939
Northeast Regional Utility Program Management and Oversight
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1/24/2012 Item 16.E.2.
Schedule B.2
Personnel Category
Hourly Rate
Program Director /Oversight Director
$200.00 /hour
Program Manager
$185.00 /hour
Deputy Manager /Fiscal Manager
$175.00 /hour
Senior Project Manager
$140.00 /hour
Senior Project Engineer
$120.00 /hour
Construction Manager /Account Manager
$120.00 /hour
Engineer
$100.00 /hour
Administrative Assistant
$60.00 /hour
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1/24/2012 Item 16.E.2.
SCHEDULE C
PROJECT MILESTONE SCHEDULE
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1/24/2012 Item 16.E.2.
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If CONSULTANT has any self- insured retentions or
deductibles under any of the below listed minimum required coverages, CONSULTANT must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self- insured retentions or deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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1/24/2012 Item 16.E.2.
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. /0—N
(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
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
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1/24/2012 Item 16.E.2.
of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the CONSULTANT during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
_X_ $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
Applicable _X Not Applicable
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1/24/2012 Item 16.E.2.
(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 $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
—X—General Aggregate $2,000,000
Products /Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000
Fire Damage $ 50,000
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1/24/2012 Item 16.E.2.
(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
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
(7) 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:
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1/24/2012 Item 16.E.2.
Bodily Injury & Property Damage - $ 500,000
_X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against 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
$2,000,000 each claim and in the aggregate
_X_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
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1/24/2012 Item 16.E.2.
(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.
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
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1/24/2012 Item 16.E.2.
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
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1/24/2012 Item 16.E.2.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Malcolm Pirnie, 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 Northeast Regional Utility Program
Management and Oversight Services are accurate, complete and current as of the time of
contracting.
Malcolm Pirnie, Inc.
4W
TITLE:
DATE:
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1/24/2012 Item 16.E.2.
SCHEDULE
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
The following is a list of the CONSULTANT's key personnel to be assigned to this Project in
accordance with Section 10.2 of the Professional Services Agreement. There are currently no
subconsultants proposed.
Name
Role
Percent
S. Schwarz, P.E.
Program Director
2%
S. McGowan, P.E.
Oversight Director
<2%
R. French, P.E.
Program Manager
30%
R. Cavalieri, P.E.
Deputy Manager
60%
H. Burton, P.E.
Fiscal Manager
6%
S. Wright, PG
Senior Project Manager
6%
D. Dietch, CDT
Senior Project Manager
4%
T. Roadman, CDT
Construction Manager
19%
D. Patton, P.E.
Senior Project Engineer
18%
C. Taylor
Engineer
60%
CONSULTANT shall assign other non -key professional, technical and support personnel to the
Project as necessary to complete the Scope of Services defined herein.
F -1
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