Agenda 06/26/2012 Item #11BEXECUTIVE SUMMARY
Recommendation to approve award of Contract 11 -5772 for Final Design, Bid, and
Construction Support Services for South Marco Island Beach Renourishment and the
rebuilding of the five Existing Erosion Control Structures to Coastal Engineering
Consultants (CEC) for a not to exceed Time and Material amount of $98,762, authorize the
Chairman to sign the standard County Attorney approved contract.
OBJECTIVE: To move forward with the final design, bid and construction support services
for Beach Renourishment and the rebuilding of the five Existing Erosion Control Structures.
CONSIDERATIONS: At the April 10, 2012 Board meeting, the BCC approved the Marco
South Beach renourishment /structure rebuild plan along with the ranking of the RFP selection
committee. The BCC also directed that staff prepare a contract with Coastal Engineering
Consultants (CEC) for permitting, design, bidding and construction support of this work.
CEC will assist Collier County with the final design, bid and construction support services for
the South Marco Island Beach Renourishment project. CEC shall be in the primary role for final
design and support to the County for a one -time bid process and through construction. Collier
County shall be in the primary role for the bid process and administering the construction project
including resident inspection, contractor oversight, sediment quality control plan
implementation, and agency reporting. Coastal Technology Corporation (CTC) shall provide
peer review of the pertinent tasks.
This project will be done in 2 phases. Phase A will consist of the Beach Renourishment. Phase
B will consist of repair of existing structures.
Below is the cost breakdown for this project:
PHASE A BUDGET: BEACH RENOURISHMENT
TASK
DESCRIPTION
TIME & MATERIALS
1
Final Design: Beach Renourishment (BR)
$ 11,425
2
Bid Process and Contract Procurement: BR
$ 4,610
3
Construction Administration: BR
$ 13,090
4
Construction Observations / Certifications: BR
$ 8,915
5
Contingencies: BR
$ 5,706
Subtotal
$ 43,746
PHASE B BUDGET: REPAIR OF EXISTING STRUCTURES
6
Preliminary Design: Repair of Structures (ROS)
$ 8,825
7
Permit Applications (ROS)
$ 6,750
8
Permit Processing (ROS)
$ 3,460
9
Final Design: Beach Renourishment (ROS)
$ 7,525
10
Bid Process and Contract Procurement: ROS
$ 2,080
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12
Construction Observations / Certifications: ROS
$ 12,065
13
Contingencies: ROS
$ 7,176
B
Subtotal
$ 55,016
PHASE
DESCRIPTION
TIME & MATERIALS
A
Beach Renourishment
$ 43,746
B
Repair of Existing Structures
$ 55,016
Total
$ 98,762
ADVISORY COMMITTEE RECOMMENDATIONS: At the May 11, 2012 CAC meeting
this item was unanimously recommended for approval by a 6 to 0 vote.
At the May 29, 2012 TDC meeting this item was unanimously recommended for approval by a 6
to 0 vote.
FISCAL IMPACT: Funding for this project will be from Tourist Development Tax, Fund 195.
Current funding for this Work Order is available in Project 80166.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, requires majority vote, and is legally sufficient for Board action. — CMG
RECOMMENDATION: To approve award of Contract 11 -5772 for Final Design, Bid,
Construction Support Services for South Marco Island Beach Renourishment and the rebuilding
of the five Existing Erosion Control Structures to Coastal Engineering consultants (CEC) for a
not to exceed Time and Material amount of $98,762, authorize the Chairman to sign the standard
County Attorney approved contract.
PREPARED BY: J. Gary McAlpin, P.E., Director, Coastal Zone Management Department
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It err,
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COLLIER COUNT -17
Board of County Commissioners
Item Number: 11.13.
Item Summary: Recommendation to approve award of Contract 11 -5772 for Final Design,
Bid, and Construction Support Services for South Marco Island Beach Renourishment and the
rebuilding of the five Existing Erosion Control Structures to Coastal Engineering Consultants
(CEC) for a not to exceed Time and Material amount of $98,762, authorize the Chairman to sign
the standard County Attorney approved contract.
Meeting Date: 6/26/2012
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
5/30/2012 9:33:30 AM
Approved By
Name: McAlpinGary
Title: Director - Coastal Management Programs,Coastal Zon
Date: 5/30/2012 10:52:02 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 6/1/2012 11:08:12 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/3/2012 4:09:29 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 6/4/2012 7:41:30 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 6/4/2012 1:07:11 PM
Name: CarnellSteve
0
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Title: Director - Purchasing /General Services, Purchasing
Date: 6/5/2012 11:43:19 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 6/7/2012 1:54:20 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/15/2012 11:37:14 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/18/2012 2:41:16 PM
Name: OchsLeo
Title: County Manager
Date: 6/18/2012 4:40:17 PM
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A
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Contract #Vi -5772
Design, Engineering and Permitting Services for Re- nourishment of the Marco Island
South Beach
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
2012, by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to a the "COUNTY" or "OWNER ") and
Coastal Engineering Consultants, Inc., authorized to do bu iness in the State of Florida, whose
business address is 3106 S. Horseshoe Drive, Naples, FL 34104 (hereinafter referred to as the
"CONSULTANT ")
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design, Engineering and
Permitting Services of the CONSULTANT concerning Re- nourishment of the Marco Island
South Beach (hereinafter referred to as the "Project "), sai services being more fully described
in Schedule A, "Scope of Services ", which is attached here o 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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ARTISLE :)Nz-
Z;ONSU_TANT'S RESPONSIBI -1 7;
1.1. CONSULTANT shall provide to OWNER professional Design, Engineering and Permitting
Services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Michael Poff, 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
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s requiree rc saustamorii\ manage the serve; e- a De anc perror, sec D� the
CONSU'_TAN T nereunaer. The :,roiec ;,00rciinato- shall no be remove: by 00K.1SJ�T4h`—
from the Project without OWNER'S prior written approval, and if so removed must be
immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including the Florida Building Code where
applicable, which regulate or have jurisdiction over the Project or the services to be provided
and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S
approval of the design documents in no way relieves CONSULTANT of its obligation to deliver
complete and accurate documents necessary for successful construction of the Project.
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1. -.1 The County reserves the righ to oeduo, portion: o= the 1, 7ionthiy invoice; (,asi. amour
fc, the foliowinC: Tasks not completed withir the expressed time frame; inciuding require:`
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
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ADDITIONAL SERVICE-- 'O:F CONSU_ , AN'
If authorized in writing by OWNER through a Change Ord�r 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 A reement, such authority will be as
established in OWNER'S Purchasing Policy and Administ tive 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 endang ring life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amend ent 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 nder this Agreement. The following
services, if not otherwise specified in Schedule A as part f Basic Services, shall be Additional
Services:
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='reparatlOrt of appllc;aUO'i: an-- SJD^Ortlrf-- ❑O„ umenis (eY,ceO' triose aireaoy is Oe iurnisnec
under this hgreement) for private or governmentai grants, loans, bond issues or advances ir
connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
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2.E = ,repahnc i � serve o.� se-Ming as a ::CNSJ_ 7,AK- o� witness to- OWNER Ir am iitigatic-.,
o otne- lega o- administrative proceeding. involving the Project (exceo Tor assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager "). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
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(b) Proviae cal, criieriE an information requesiee b\= C"DNS TL .Air- as zc::)VvI \(EP';
recuirements Tor the Project, including aesigr objectives and constraints
space, capacity and performance requirements, flexibility and expandability;
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
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comme -icemen-. o- suer aeiaN statinc the specifi_ cause
have waived any righ- which CONSULTANT may have
specific delay.
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or cause- tnereo` C' De oeeme t-r
to request E time extensior, for tha
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 Defy" provision. This paragraph shall
expressly apply to claims for early completion, as well �s claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar ays, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, pro ride, perform or complete any of the
services to be provided hereunder in a time) manner, in a�fdition to an other rights or remedies
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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 aut orizing CONSULTANT to continue
performing Work under this Agreement or any payment iss jed by OWNER to CONSULTANT be
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Kter, .
aeemec G waive; of any right o- claim Oi/VNEr. rnar� nave against C DNSULTAK- to,- aej-� o-
any otner camages hereunder.
•
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
on
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IVi'.INTENANC=. OF P, O DS
i
7.1. CONSULTANT will keep adequate records and suppoiting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during thI period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any ar d 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 indemnilfied party or person described in this
paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
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Insurance snai. Da iro r resc)Onsime comDan( : dul\ authorizet is c* business it tn;
State of i= ioridc.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions,
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self- insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self- insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County. 4
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
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1 . T. Se K DE perTD. -mec nereunae, snali DE ertorriier. Dy �OI�;SU AK'7 Z, DW'
staf.. unies, otherwise autnorizec' in writing by the OWNER. The employment of contras- witr.
or use of the services of any other person or firm by CON ULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval :f the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontra ors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written co sent.
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 a I the obligations and responsibilities
which the CONSULTANT, by this Agreement, assn es toward the OWNER. Each
subconsultant or subcontract agreement shall preserve aind protect the rights of the OWNER
under this Agreement with respect to the Services to bI 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.
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r^y A r. I y
1Ci.� COi�SU� - Aye aci;nowiedge am agree€ tna ', E tnirc earn DeneTCCiar`+
each contract enterer into between CONSULTANT anti each subconsultan o' subcontracto.
however nothing
in this Agreement shall be construed to
create any
contractual relationship
between OWNER
and any subconsultant or subcontractor.
Further,
all such contracts shall
provide that, at Owner's 'discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
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.
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i2.2. !f, afte° notic of terminatiar of tnis Agreement as
Item =
ea for in paragrapr . 12.1 above. i-1
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 terming ion given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provid d for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or furtherjecovery 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, drawing 7, 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
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exiensio . of time to it scrjeouie it accordance witr. the Droce::ure se�l forth in .yrticie =o:
herein..
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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
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ONSULTk - any „ommissior,, percen,ag�-- pif, orb am other ,onsiaeratior contingen
upon or resulting from tne. award or making o- this
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 tl�e time of the Agreement. The
CONSULTANT agrees that the original Agreement price) and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non- curr�nt 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 ii�rterest 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 �e valid or binding upon either party
unless in writing and executed by the party or parties inten�ed to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
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AL notices requwrec o' maae nursuan, tc this .4,greemen: ro De giver. by the COKISJ- -.4i�-
to the OWNER shall be in writing and shall oe delivered by nand, by fay., 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
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Joanne Markiewicz, Interim 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
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Coastal Engineering Consultants, Inc.
3106 S. Horseshoe Drive
Naples, FL 34104
Telephone: (239) 643 -2324
Attn: Michael Poff, P.E.
Fax: (239) 643 -1143
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.
C7
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b 2x.22 '11 1terr `
This ,greeme is no, assignaoie, o� ot-nenwis tr ansrer ame ir; whom o, ir. Dai ., a\
CONSUL TAN- without the orior 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.
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 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
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.../ 6 /`'.' ..-mow .,.
Scneoule =- TRUT -, IN NEGO 7 I�.- ►I\, ^_ _.1--_
Scneduie F KEY PERSONNEL, SUBCONSULTANTS '\ND
SUBCONTRACTORS •
RFP # 11 -5772 Terms and conditions
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a- part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
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affikai_ wnc niaz Dee, t)ia::aC _ tna 3onviciec venao— its"
foliowin; a conviction Tor c public entit` crime rnaN not submi' s bic
proposa., or reply or a contram to provide Ony 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 4. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding pgrmitted by this Agreement to resolve
disputes between the parties, the parties shall make a clood faith effort to resolve any such
VW 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 negotiatio s 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 prese tation of any settlement reached at
mediation to OWNER'S board for approval. Should eith r party fail to submit to mediation as
required hereunder, the other party may obtain a court or er requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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ARTICLE
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
U
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II• 11\17NES�c WH =?EOF the parties, hereto `iaVE e eciJL °C trll: 'rOr °SSI'Jna Se. VICe
Agreement for the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
Date:
Approved as to form and
l sufficiency:
C R. Teach
Deputy County Attorney
Witness
Witness
i
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Bv:
Fred W. Coyle, Chairman
Coastal Engineering Consultants, Inc.
By:
Typed Name and Title
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�c nt.
dv. f
Design, Engineering an-- Fe, mining Services fa' Re- nojrisnmer. of the mar= i&an: Soutr.
Beach
Schedule A
SCOPE OF SERVICES
PHASE A: FINAL DESIGN, BID, AND CONSTRUCTION SUPPORT SERVICES FOR BEACH RENOURISHMENT
CEC shall assist Collier County with the final design, bid and construction support services for the South Marco Island beach
renourishment project. For the purposes of the scope and budget, CEC shall be in the primary role for the final design and
support the County for a one -time bid process and through construction. Collier County shall be in the primary role for the bid
process and administering the construction project including resident inspection, contractor oversight, sediment QA -QC plan
implementation, and agency reporting. Coastal Technology Corporation (CTC) shall provide peer review of the pertinent tasks.
TASK 1: FINAL DESIGN FOR BEACH RENOURISHMENT
Utilizing the 2011 R- monument beach profile and 2010 Caxambas Pass borrow area cross section survey data provided by the
County, CEC shall prepare for incorporation into the County's Bid Documents detailed construction plans to show the general
scope, character, and extent of the work to be furnished and performed by the contractor. The plans shall include horizontal and
vertical control, survey baseline, construction access, staging area, vessel corridor and transport route, anchoring area, pipeline
corridor, beach fill plan view and templates, borrow area plan view and dredge templates, volume and quantity requirements,
and environmental protection measures.
CEC shall prepare for incorporation into the County's Bid Documents detailed construction specifications including
description of work, special terms and conditions, quantity estimates, bid schedules, and technical specifications describing the
general scope, character and extent of work to be furnished and performed by the contractor.
Based on the final design documents, CEC shall prepare a Final Opinion of Probable Construction Cost including a 15%
contingency. Construction costs shall be broken down by Project feature. CEC shall use construction contractor interviews to
answer questions and reduce the risk and uncertainty. A list of assumptions will be provided.
CEC shall review drafts of the deliverables with the County to obtain their input, complete one round of edits, and fmalize the
construction plans, construction specifications, and Final Opinion of Cost. CEC shall prepare and submit to the County two
reproducible 11" x 17" engineering scaled sets of final drawings along with one electronic copy of both CADD and PDF files,
and two reproducible sets of technical specifications and special conditions along with two electronic copies of both Word and
PDF files for the County to assemble the Bid Documents.
TASK 2: BID PROCESS AND CONTRACT PROCUREMENT FOR BEACH RENOURISHMENT
CEC shall assist the County in coordinating a one -time bid process. These services will include attending the pre -bid meeting;
assisting the County issue addenda as appropriate to interpret, clarify or expand the Bid Documents; assisting the County in
obtaining bids from contractors; assisting the County in evaluating the bids; and making a recommendation for award to the
lowest responsive bidder. CEC shall provide technical support to the County during the construction contract procurement
process.
TASK 3: CONSTRUCTION ADMINISTRATION FOR BEACH RENOURISHMENT
CEC shall serve in a support role to assist the County administer the construction of the beach renourishment component of the
Project.
Agency Notice to Proceed: Assist the County complete the Joint Coastal Permitting for the beach renourishment. Assist the
County coordinate the agency notice to proceed for the work. Arrange, prepare for, and attend one permit conference locally
with the FDEP, USACE, County and contractor.
Work Plan and Submittal Forms: Review the contractor's work plan and submittal forms (e.g., turbidity, daily QA -QC) to
determine compliance with the plans and specifications. Upon completion of the review, submit to the County in writing 0-9
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recommences cnanae c- t 71ner approva tr, cont.acte-`: v,,or. pia anc sunm:-c. rcrm:. kevtev one roux. a: wor_
Dian revisiom from the contracto:.
Construction Meetings: Arrange, prepare fo:. and anent one Dre- construction conference with the County and contractor
covering contract obligations, construction plans, general and special conditions, and technical specifications. Record and
distribute the minutes of the meeting. Attend construction progress meetings with the County and contractor routinely covering
work progress and schedule, conformance to plans and specifications, and other relevant issues that need to be addressed.
Record and distribute the minutes of each meeting. The budget assumes two progress meetings.
Pay Applications: Review invoices for payment submitted by the contractor along with daily records of the County, contractor
and construction surveys, and determine the amounts of progress payments due based on completion of work. Upon
completion of review, submit recommendations to County for payment of invoices to the contractor. The budget assumes two
pay requests.
Field Orders, Change Orders, and Contract Modifications: Assist the County to prepare required field changes, change
orders, or contract modifications requested by the contractor and submit to the County for approval. Provide to the contractor
instructions issued by the County in addition to providing any necessary interpretations or clarifications of the contract
documents requested by the contractor. Make determinations on non - conforming and unauthorized work as authorized in the
contract documents.
Substantial Completion: Upon receiving written notice from the County that the Project is substantially complete, conduct a
one -time comprehensive review of the Project, prepare a punch list of items needing completion or correction forward said list
to the County and contractor, and provide written recommendations to the County concerning the acceptability of work done
and the use of the Project.
TASK 4: CONSTRUCTION OBSERVATIONS AND PROJECT CERTIFICATIONS FOR BEACH
RENOURISHMENT
This task is for CEC to support the County in conducting construction observations, on average once per week, such that CEC
can complete the Project Certifications.
Site Visits: During each site visit, CEC shall observe the work for compliance with the permits, construction plans and
technical specifications; determine work completed; record quantities of materials and equipment on site; and report
contractor's performance and activities to the County. The budget includes three site visits (on average once per week).
Additional site visits or weekend hours can be provided through contingencies or as additional services.
Construction Survey Observations: CEC shall accompany the County's contractor to observe the pre - construction survey
plus one pay survey to be utilized as the basis for payment.
Project Certifications: Upon receiving written notice from the County that the Project is finally complete, CEC shall perform
final site observations in conjunction with the County to verify the punch list has been completed and the Project is ready for
its intended use. Assist the County in closing out the construction contract. Prepare and submit the agency required Project
Certifications utilizing the County provided surveys.
TASK 5: ALLOWANCE FOR BEACH RENOURISHMENT
It is recognized that additional work components may be necessary throughout the project, including but not limited to
additional meetings, monitoring surveys, pay requests, site visits, construction observations, and endangered species protection
issues. A 15% Allowance is included for addressing additional work components.
PHASE A BUDGET: BEACH RENOURISHMENT
TASK
DESCRIPTION
TIME AND MATERIALS
1
Final Design: Beach Renourishment (BR)
$ 11,425
2
Bid Process and Contract Procurement: BR
$ 4,610
3
Construction Administration: BR
$ 13,090
4
Construction Observations / Certifications: BR
$ 8,915
5
Allowance
$ 5,706
Subtotal
$ 43,746
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PRASE 13: DESIGN PERMIT. BIB. ANP COr:STR1U =_I0R- SUPPOF_- SERVI=: FOI REPAI. OF EKIC—; _N�
EROSION CONTROL STRUCTURES
CEC shall assist Collier County with the design, permitting, bid and construction support services for the repair of the five (5 AMW
existing erosion control structures including the two (2) groins and three (3) segmented breakwaters along South Marco Island.
For the purposes of this scope and budget, CEC shall be in the primary role for the design and serve as the County's agent for
the permit process; and support the County for a one -time bid process and through construction (concurrent with Phase A
services). Collier County shall be in the primary role for the bid process and administering the construction project including
resident inspection, contractor oversight, and agency reporting. CTC shall provide peer review of the pertinent tasks.
TASK 6: PRELIMINARY DESIGN FOR REPAIR OF STRUCTURES
CEC shall conduct a topographic and bathymetric survey of the five (5) existing erosion control structures. The survey shall
include one (1) longitudinal profile along the centerline and cross - sections at 25 -foot offsets (minimum) for each structure.
Elevations of the structures will be obtained at appropriate intervals along each survey Wmsect. The survey data shall be
reduced to the appropriate datums. The survey shall be conducted in accordance with the FDEP Monitoring Standards for
Beach Erosion Control Projects.
CEC shall compare the design survey and the original permitted design sections for the structures to evaluate the settlement
and adjustments experienced by the structures over time and in the wake of multiple storm events. CEC shall compute the
quantity of stone along with a 20% contingency to restore the structures to their original design function. It is anticipated that a
complete layer of armor stone cannot be simply placed on top of the existing structures as this level may exceed the permitted
crest heights of the groins and / or the jetties. Similar to how the Doctors Pass north jetty was recently repaired, it is anticipated
that rock re- working will have to be accomplished to add armor stone and remain within a reasonable construction tolerance
(e.g., one -foot) and be compliant with the original permitted design templates. CEC will assist the County develop the qa -qc
plan for the rock testing and certification process as well as the rock handling and placement procedures.
CEC shall prepare preliminary design plans in the form of 8 ''/3" x 11" permit drawings. The preliminary plans shall include
location map; vicinity map; plan views depicting coastal structures, cross sections depicting coastal structure templates and
details. The preliminary plans shall serve as the permit drawings for the Permit Process. CEC shall review drafts of the
deliverables with the County to obtain their input, complete one round of edits, and finalize the preliminary design
plans.
TASK 7: PERMIT APPLICATIONS FOR REPAIR OF STRUCTURES
Based on CEC's experience and preliminary discussion with FDEP and USACE, the authorization to repair the existing
structures to their original design function / templates meets the criteria for an FDEP exemption pursuant to Florida
Administrative Code 62B- 41.005 Policy and Eligibility Criteria for Coastal Construction Permits. (8) Minor
reconstruction of existing rigid coastal structures is exempt from the provisions of subsections (6) and (7) above; and the
Corps' criteria for a Nationwide Permit (NWP) No. 3 — Maintenance (a) Repair, rehabilitation, or replacement of previously
authorized, currently serviceable structures or fills.
CEC shall prepare a JCP Application to request the FDEP exemption and the USACE NWP to repair the existing structures to
their original design function and templates. The request shall include a Project Description, permit drawings (Task 1),
submerged lands easements (if necessary), environmental protection measures, construction methods and equipment
anticipated to be employed, and NMFS checklist.
CEC shall review drafts of the deliverables with the County to obtain their input, complete one round of edits, and submit the
Permit Exemption request to the FDEP and NWP request to the USACE. The County will pay all required public noticing and
application fees.
TASK 8: PERMIT PROCESSING FOR REPAIR OF STRUCTURES
Subsequent to submittal of the permit application, CEC will proactively engage FDEP and USACE staffs to informally monitor
the process, address staff questions, and facilitate agency consideration of the application. CEC shall compile, clarify, and
provide existing information as may be requested by FDEP and USACE staff and seek to negotiate conditions for the Project
that are acceptable to the County. CEC shall respond to one Request for Additional Information each from FDEP and USACE.
TASK 9: FINAL DESIGN FOR REPAIR OF STRUCTURES
Based on the results of the permit process and utilizing the deliverables for Task 1, CEC shall prepare detailed construction
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•�• red r7n � �- Tat"'. i
ptat2::. U SnOW tr.: WOT, DG T=isne: an- oerformc; r5; tr`.. con -c aCLOr MdCiflC t( tm reoar ,: tne, exisim structureL TL':
constructioI_ plan: SRS! Dt amenuec TG 1nC1uQC mt coasta. sruciure gellgr section_ anG actalls, volumt anL quantlt''
requirements. signage. am additlona environmental protection measure,, noting h i . anucinatec the offshore t)ortlor, o4. tat
won: will b° comt)ieted aurmg sea turtle nesting season
CEC shall amend the construction specifications including description of work, special terms and conditions, quantity
estimates, bid schedules, and technical specifications of work to be furnished and performed by the contractor specific to the
repair of the existing structures. CEC shall amend the Final Opinion of Probable Construction Cost including a 15%
contingency to include the repair of the existing structures.
CEC shall review drafts of the deliverables with the County to obtain their input, complete one round of edits, and finalize the
construction plans, construction specifications, and Final Opinion of Cost. CEC shall prepare and submit to the County two
reproducible 11" x 17" engineering scaled sets of final drawings along with one electronic copy of both CADD and PDF files,
and two reproducible sets of technical specifications and special conditions along with two electronic copies of both Word and
PDF files for the County to assemble the Bid Documents.
TASK 10: BID PROCESS AND CONTRACT PROCUREMENT FOR REPAIR OF STRUCTURES
Concurrent with Task 2 services for the one -time bid process, CEC shall provide technical support to the County for bidding
and construction contract procurement process specific to the repair of the existing structures. It is noted the scope of services
parallels the Task 2 services, and is not repeated herein for brevity. Support to conduct a separate bid process for the structural
repairs can be provided as additional services.
TASK 11: CONSTRUCTION ADMINISTRATION FOR REPAIR OF STRUCTURES
Concurrent with Task 3 services, CEC shall serve in a support role to assist the County administer the construction of the
structural repairs component of the Project. It is noted the scope of services parallels the Task 3 services, and is not repeated
herein for brevity.
Agency Notice to Proceed
Work Plan and Submittal Forms
Construction Meetings: The budget assumes two progress meetings.
Pay Applications: The budget assumes two pay requests.
Field Orders, Change Orders, and Contract Modifications
Substantial Completion
TASK 12: CONSTRUCTION OBSERVATIONS AND PROJECT CERTIFICATIONS FOR REPAIR OF
STRUCTURES
Concurrent with Task 4 services, CEC shall serve in a support role to assist the County in conduct construction observations
such that CEC can complete the Project Certifications specific to the structural repairs component of the Project. It is noted the
scope of services parallels the Task 4 services, and is not repeated herein for brevity.
Site Visits: The budget includes three site visits (on average once per week). Additional site visits or weekend hours can be
provided through contingencies or as additional services.
Quarry Visits: CEC shall support the County to conduct the site visits to the rock quarry / testing facility to witness the density
and drop tests to verify compliance with the Specifications. The budget includes three visits.
Construction Survey Observations
Project Certifications
TASK 13: ALLOWANCE FOR REPAIR OF STRUCTURES
4W
It is recognized that additional work components may be necessary throughout the project, including but not limited to
D-27
Packet Page -305-
additional meeting,-, pa- reauest-,. slit vistr. momtormg surveys construcdor ooservanom_ ano en( nuerec 7 ecies vrotecrim..
issue:.. <_ 15110 ahowan= r mciuded io. addressing additional wor . comnonem-,
PHASE B BUDGET: REPAIR OF EXISTING STRUCTURES
TASK
DESCRIPTION
TIME AND MATERIALS
6
Preliminary Desists: Repair of Structures (ROS)
$ 8,825
7
Permit Applications (ROS)
$ 6,750
8
Permit Processing (ROS)
$ 3,460
9
Final Design: Beach Renourishment (ROS)
$ 7,525
10
Bid Process and Contract Procurement: ROS
$ 2,080
11
Construction Administration: ROS
$ 7,135
12
Construction Observations / Certifications: ROS
$ 12,065
13
Allowance
$ 7,176
Subtotal
$ 55,016
PHASE
DESCRIPTION
TIME AND MATERIALS
A
Beach Renourishment
$ 43,746
B
Repair of Existing Structures
$ 55,016
Total
$ 98,762
COUNTY RESPONSIBILITIES
It is understood the County shall, through its staff, contractor, and outside consultant, provide the following.
1. Public notices and permit fees.
2. Construction easements from private upland property owners for work upland of the ECL including but not limited to
construction access and staging; to allow for placement, grading, and tilling of beach fill; and for repair of the existing
coastal structures.
3. Funding related tasks (FEMA coordination, public access requirements, etc.).
4. Rock density testing.
5. Resident inspection services.
6. Sediment QA -QC plan implementation including sediment sampling, testing, laboratory services, and reporting.
7. Turbidity monitoring.
8. Construction stake -out, pre - construction, pay -, post - construction, and physical monitoring (permit required) surveys
and reporting. The survey data shall be reduced to the appropriate datums. The surveys and reporting shall be
conducted in accordance with the FDEP Monitoring Standards for Beach Erosion Control Projects and shall include
all deliverables required by these standards.
9. Endangered species monitoring and reporting.
ASSUMPTIONS
The scope and budget are based on the following.
1. The County bids and constructs the two components (beach renourishment and repair of existing structures)
concurrently.
2. The budget is based on a 135 -day construction window inclusive of thirty (30) days for mobilization and
demobilization.
3. Beach renourishment and repair of existing rock groins will be conducted outside of sea turtle nesting season.
D -28
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•
01
6
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then- authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
Of: Gary McAlpin, Coastal Zone Management Director
3299 Tamiami Trail East, Suite 103, Naples, FL 34112 -5746
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
ITEM
DESCRIPTION
NOT TO EXCEED
AMOUNT:
PHASE A
FINAL DESIGN, BID, AND CONSTRUCTION
SUPPORT SERVICES
1.
Final Design: Beach Renourishment
11 425.00
2.
Bid Process and Contract Procurement
1_4,610.00
3.
Construction Administration
$13,090.00
4.
Construction
Observations /Certifications
$ 8,915.00
5.
Allowance
$ 5706.00
Subtotal
$43,746.00
PHASE B
DESIGN, PERMIT, BID, AND
CONSTRUCTION SUPPORT SERVICES FOR
REPAIR OF EXISTING EROSION CONTROL
STRUCTURES
6.
Preliminary Design: Repair of
Structures
$ 8.825.00
7.
Permit Applications
$ 6,750.00
8.
Permit Processing
$ 3,460.00
9.
Final Design: Beach Renourishment
$ 7,525.00
10.
Bid Process and Contract Procurement
$ 2,080.00
11.
Construction Administration
$ 7,135.00
12.
Construction
Observations /Certifications
$ 12,065.00
13.
Allowance
$ 7,176.00
D -29
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T0Ti44 FE= 7 otaf items 1 -13) ! $9E.?62.0C
8.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The. negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
8.3.11 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely Aft
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
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�!2S!2C" , 2 lie— ,
inVOi�ec` ho: DrO:reri� Rregar °-_ (nnatne:� atic" e -ror_c. r)ifilnc no refiem-mc aOtua wort
oone no sianature; etc. snai bF retumed t- uONSJLTANT Tor correctior. invoices
snail oe submittec or :;JNSULTAN, ietternead anc, mus include the .::,umnase Jroe'
Number and the Project name and snall not be submitted more than one time monthiy.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
6.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
5. B.3.5.1.1. Cost for reproducing documents that exceed the number of document's
described in this Agreement and postage and handling of Drawings and
Specifications.
6. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from /to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
8.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
A
END OF SCHEDULE B.
D-31
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Personnel Category
Principal
Senior Project Manager
Project Manager
Senior Engineer
Engineer
Senior Inspector
Inspector
Senior Planner
Planner
Senior Designer
Designer
Environmental Specialist
Senior GIS Specialist
GIS Specialist
Clerical
Surveyor and Mapper
CADD Technician
Survey Crew - 2 man
Survey Crew - 3 man
Survey Crew - 4 man
Attachmen` 'I to Scheduwe F
Standard Hourly Rate
$195
$165
$148
$155
$119
$85
$65
$140
$110
$115
$100
$115
$145
$100
$60
$130
$85
$130
$160
$180
,'?01 -0`,-, Ete . '
0
This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually negotiated by the County and firm on a project by project basis as
needed.
D -32
Packet Page -310-
Scheauie
PROJECT MILESTONE SCHE -DULE
Phase A work to be completed within three hundred seventy (370) days from issuance of Notice
to Proceed
Phase B work to be completed within four hundred thirty (430) days from issuance of Notice to
Proceed
D -33
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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
D -34
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iTMr-
the OWN= —F,. :;3NSJ_T6 kN7, snal, aisc, notify OWI \'=r=.. r; a iir:e manner-, witnir, rweniy -Tour (24
nours after receim, of any notice: or' expiration,; cancelsatior non - renewal, o- materia change it
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
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy..
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
D -35
Packet Page -313-
purchase suCr, insuranme Cover aces Shali it ric wa} :)e consmiez tG be F- waiver O am o` is
nants 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)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
$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.
D -36
Packet Page -314-
^I')r�"`„!' _
n f
(3,i unite: States _ongsnoremar s and Harborworker`s tic's coverage snali be maintainer
where applicable to the completion of the work.
Applicable _X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable _X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $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
D -37
Packet Page -315-
=ire Damaa�
5,0 _
^_General Aggregate 51,000,000
Products /Completed Operations Aggregate $1,000.000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self- insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self - insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
claims.
(4) Coverage shall be included for explosion, collapse or underground property damage
(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
D-38
Packet Page -316-
AUTOMOBILE LIABILiTY INSURANCE
Required by this Agreement? X Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non- owned or hired vehicle with limits of not less
than:
_X Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
D -39
Packet Page -317-
Agreement. CONSJ_ f A waives E.E rEgnt o - agains', OWN=r; a& tc an\ oiaims .unae-
tnis insurance Such insurance shali have iimits o-not less tnar
•
$ 500,000 each claim and in the aggregate
X_ $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or.fo be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
D-40
Packet Page -318-
(` i~. the sole discretion o: tn_ :;oLIrM ;;OI SU_ -Air— ma\ cie reouirec tc pur='as:
vaivame papers anc records coverage Tor pian_ specifications drawings, reports, maps, cooks,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully .accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
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.
D-41
Packet Page -319-
(3; If OWNER eieets tc purchase a orojecL orotessiona', iiability aoiicN 30NSU_TAN7 tc Dc-
insures will be notifies anc OWNEr will proviae professionai liability insurance naminc
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
D-42
Packet Page -320-
SCH =D`` -= _
TRUTI-' IN
In compliance with the Consultants` Competitive Negotiation tic., Section 297.055,
Florida Statutes, Coastal Engineering Consultants, 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 Design, Engineering and
Permitting Services for Re- nourishment of the Marco Island South Beach are accurate,
complete and current as of the time of contracting.
Coastal Engineering Consultants, Inc.
M
TITLE:
DATE:
E -1
Packet Page -321 -
5/262D` 2, Etas.
Contract 1 -5772 Design. Engineering and Permitting Services Tor Re- nourishment or the Mama
Island South Beach
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
NAME
TITLE
HOURLY
%ASSIGNMENT
RATE
Michael T. Poff, P.E.
Principal Engineer
$195
16.1%
Michael F. Stephen, Ph.D.
Principal Geologist
$195
4.5%
Kris W. Thoemke, Ph.D.
Senior Project Manager
$165
7.1%
Mark Kincaid, P.E.
Senior Engineer
$155
39.5%
Vadim Alymov, Ph.D.
Coastal Modeler
$135
4.4%
Rick Ewing, PSM
Survey & Mapper
5130
1.2%
Samantha Brasher
CADD Technician
$85
6.3%
Sarah Bunn
Clerical
$60
5.4%
Ben Churchwell
One -man RTK Crew
$130
6.7%
Coastal Technology Corporation
Subconsultant
-
5.5%
Reimbursables
3.3%
TOTAL 100%
F -1
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