Agenda 07/24/2012 Item #16A 27;24/2012 Item 16.,x..2-1.
EXECUTIVE SUMMARY
Recommendation to approve the award of Contract #11 -5751 to Agnoli, Barber and
Brundage, Inc. for Engineering Design Services for the "Lely Area Stormwater
Improvement Project ( LASIP): County Barn Road, Wingsouth, and Project Close Out"
pursuant to RFP #11 -5751, in the amount of $599,148.00, Project #51101.
OBJECTIVE: To obtain professional engineering services for the remaining phases of design,
and for the close -out, of the Lely Area Stormwater Improvement Project ( LASIP).
CONSIDERATIONS: The Lely Area Stormwater Improvement Project is nearing its
conclusion. The remaining portions need to be designed for permit modification and
construction. These are the Wingsouth channels and the LASIP stormwater facilities within the
County Barn Road right -of -way. Also the project needs to be properly closed out in compliance
with its permits from the South Florida Water Management District (SFWMD) and the US Army
Corps of Engineers (USACE).
The LASIP South Florida Water Management (SFWMD) Environmental Resource Permit ( #11-
01140-S) was issued on Oct 14, 2004, and is extended each time a new construction phase is
approved. However, the U.S. Army Corps of Engineers (USACE) Environmental Resource
Permit SAJ- 2002- 2436(IP -MJD) was issued on Jul 28, 2005, and will expire on July 25, 2015.
This is a hard deadline that dictates that all work must be completed by that time. Therefore it is
imperative that the LASIP work continues. Thus far completing the construction tasks has been
accomplished successfully. (see attached "Construction Phasing" map)
For this final design and permitting work, a "Request for Proposal" (RFP) for services was
advertised August 26, 2011. The e- procurement system recorded that 927 notifications were sent
to potential proposers, 121 solicitations were downloaded, and five proposals were received from
the following firms: Agnoli, Barber & Brundage Inc, Atkins Inc, Pitman - Hartenstein &
Associates Inc, CDM Inc, and RWA Consulting Inc. On September 27, 2011, the selection
committee had an organizational meeting where copies of the proposal were distributed for
review and scoring. On November 2, 2011, the selection committee recommended Agnoli,
Barber & Brundage Inc (ABB), as the top -ranked qualified, responsive firm. At the BCC
meeting of January 24, 2012, staff was granted authority to proceed with negotiations with ABB,
to determine a cost for requested professional services.
To do this, staff and ABB first agreed upon an exact scope of services. Next, staff and ABB
worked independently to estimate the design fee for the project. Lastly, a negotiation meeting
was held on June 4, 2012 and an agreed -upon fee of $599,148 was negotiated.
The costs for individual major tasks of the design work break out as follows:
County Barn Road design $ 282,459
Wing South design $ 291,841
Closeout and Certification $ 24,848
Total $ 599,148
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7/24/2012 Item 16.A.2.
FISCAL IMPACT: The cost to obtain these professional services is $599,148. Funds in the
amount of $599,148 are available in the Stormwater Capital Project Fund. Source of funds are
Ad Valorem.
GROWTH MANAGEMENT IMPACT: This work is consistent with the Drainage sub -
element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
RECOMMENDATION: Approve the award of Contract #11 -5751 with Agnoli, Barber and
Brundage, Inc., and authorize the Chairman to sign the attached contract after final County
Attorney review.
PREPARED BY: Shane Cox, Sr Project Manager, Transportation Engineering Department
Attachments: 1) Contract #11 -5751, 2) ExSum fom Dec 2011, and 3) Construction phasing
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7/24/2012 Item 16.A.2-1.
COLLIER COUN'T'Y
Board of County Commissioners
Item Number: 16.A.2.
Item Summary: Recommendation to approve award of Contract #11 -5751 to Agnoli,
Barber and Brundage, Inc. for Engineering Design Services for the "Lely Area Stormwater
Improvement Project (LASIP): 1) County Barn Road, 2) Wingsouth, and 3) Project Close Out"
pursuant to RFP #11 -5751, in the amount of $599,148 to Agnoli, Barber & Brundage Inc, Project
#51101.
Meeting Date: 7/24/2012
Prepared By
Name: CoxShane
Title: Project Manager, Senior,Transportation Engineering
6/12/2012 3:45:44 PM
Submitted by
Title: Project Manager, Senior,Transportation Engineering
Name: CoxShane
6/12/2012 3:45:46 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 6/13/2012 10:43:54 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 6/13/2012 11:01:51 AM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 6/15/2012 7:38:38 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
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Date: 6/21/2012 10:13:30 AM
Name: ShueGene
Date: 6/25/2012 10:56:46 AM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 6/27/2012 11:26:58 AM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing & General Services
Date: 6/29/2012 4:27:18 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 6/29/2012 4:50:13 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 6/29/2012 4:54:12 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/30/2012 2:47:59 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 7/3/2012 10:06:40 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 7/3/2012 10:39:38 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/3/2012 11:21:38 AM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 7/12/2012 11:27:23 AM
Name: OchsLeo
Title: County Manager
Date: 7/15/2012 10:20:58 AM
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7/24/2012 Item 16.A.2.
7/24/2012 Item 16.A.2.
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7/24/2012 Item 16.A.2.
Contract #11 -5751 Professional Design & Oversight Services
for Lely Area Stormwater Improvement Project (LASIP)
1) County Barn Road 2) Wingsouth
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of 20
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
Agnoli, Barber & Brundage, Inc., authorized to do business in the State of Florida, whose
business address is 7400 Tamiami Trail North, Naples, Florida 34108 (hereinafter referred to as
the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design and Oversight
services of the CONSULTANT concerning Lely Area Stormwater Improvement Project
(LASIP) 1) County Barn Road 2) Wingsouth (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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7/24/2012 Item 16.x,.2,
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design and Oversight Consulting
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
u 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 Daniel W. Brundage, 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
"`.o this devote
Agreement. The CONSULTANT agrees that the Project Coordinator shall d
ote
2
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7/24/2012 Item 16.A.2.
whatever time is required to satisfactorily manage the services to be provided and performed b y
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 an personnel
q other t
employed or retained by the uUNOUL-i ANT, or any subconsultants or subcontractors p sonnet
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
j .;
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject
the OWNER'S review and a ct to
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
y governmental
and requirements of an g
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'
approval of the design documents in no way relieves CONSULTANT of its obligation S
complete and accurate documents necessary for successful construction of the p to deliver
roject.
3
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7/24/2012 Item 16.A,.2.
`i .7.E The [Dounty reserves the right to deduct portions of the (monthly) invoiced (task) amount
for- the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This 1;1 -lot deemsd 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. 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 Dig:,a, 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.
4
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7/24/2012 Item 16.A.2.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
5
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id
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7/24/2012 Item 16.A.2.
2.1. Preparation of applications ano supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2.. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
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 OWNERSs office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
C
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//24/2012 Item 16.A.2.
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 m
s i ,
consultations which are included as part of the Basic Services to be provided herein). nce
2.9 Additional services rendered by CONSULTANT in connection with the Project not
Provided for in tl;i; „y,cei� -tent c; „oi customaruy furnished in Collier County aj � otherwise
Services in accordance with generally accepted professional practice.
s part of the Basic
p e.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWN
representative with respect to the services to be rendered under this Agreement OWNER'S
9 t (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to trans
instructions, receive information, interpret and define OWNER'S Policies a transmit
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 i n any way y
whatever:
(a) The scope of services to be provide," end performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of comr., rsa«_ the OWNER is Or Jgated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted b
the CONSULTANT for a menf . Y
p Y ar services and work provided and performed
in accordance with this Agreement;
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7,'24%2012 Item 16. /-,.2.
(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.
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
s
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7/24/2012 Item 16.A.2.
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
9
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7/24/2012 Item 16.8.2
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
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.
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7/24/2012 Item 16.A.2.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required .by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
v
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.
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7/24/2012 Item 1 E.A.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
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,
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
W
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7/24/2012 Item 16.A.2.
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
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 Agree- ant, 'ssumes toward the OWNER. Each
subconsultant or subcontract agreerr; - -+ ,,gall preserve and protect the rights of the OWNER
under this Agreement wit!; respect to the Services to be nerformed 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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7/24/2012 Item 16.A.2.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
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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7/24/2012 Item 16.A.2.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice. of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
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
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extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
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,
^ ompany, corporation, individual or firm, other than a bona fide employee working solely for
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7/24/2012 Item 16.A.2.
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 rpnr liror4 Tn
- 41-
-
"s.- gotiation 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
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 confli st 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.
A ., 1%,Lc Fir 7N!
MODIFICATIOi,f
15.1. No modification or change in i inis Agreement shall b4 valid or binding upon either party
unless in writing and executed by `he party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
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7
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
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:
Agnoli, Barber & Brundage, Inc.
7400 Tamiami Trail North
Naples, FL 34108
Telephone: 239 - 597 -3111; Fax: 239 - 566 -2203
Attn: Daniel W. Brundage, P.E.
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.
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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.
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
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Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 11 -5751 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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7/24/2012 Item 16./-x.2.
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval, Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
sea. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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7/24/2012 Item 16.A.2.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Professional Design & Oversight Services for Lely Area Stormwater Improvement
Project (LASIP) 1) County Barn Road 2) Wingsouth the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA,
By:
Date:
By:
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
Ac
inoll, Barber & Brundage, Inc
Witness By:
Witness
Typed Name and Title
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7/24/2012 Item 16.A..
SCHEDULE A — SCOPE OF SERVICES
TASK I: County Barn Road / LASIP Facilities Professional Services
OVERVIEW
The Collier County Road, Bridge, and Stormwater Section of the Transportation Engineering Department
is in need of professional engineering services to design, permit, and assist during bidding and
construction, the County Barn Road phase of the Lely Area Stormwater Improvement Project (LASIP),
WORK DESCRIPTION
COUNTY BARN ROAD— LASIP STORMWATER FACILITIES DESIGN
A. Work narrative and Pertinent information points:
General notes /requirements
Collier County is seeking design services to review and assess an existing design that consists
of improvements to an existing County Road called County Barn Road, and to then produce an
additional plan set with modifications to the LASIP Stormwater features that will enable the
transportation long range plan to be put into effect with the most efficiency.
This existing design was prepared in (2009). These plans were prepared with the intent that
County Barn Road would be improved to be a four -lane road. They also included part of the
Lely Area Stormwater Improvement Project (LASIP).
The LASIP project is not to collect and convey runoff from the road itself, but is part of a large
multi -basin stormwater management renovation project. Because of the proximity of many
LASIP components and several road improvement projects, the county has chosen on a few
occasions to have the facilities constructed simultaneously to economize.
When the original County Barn Road plans were prepared, it was with the intent of building in
the near future to a four lane capacity. Now, the long range master plan of the Growth
Management Division still includes this work but it may be delayed for some time into the
future. However, LASIP must continue to move forward and the county needs to begin the
LASIP Stormwater portion soon (The permits issued by the South Florida Water Management
District and the US Army Corps of Engineers will expire in 2015). Therefore, it is the County's
desire to build the LASIP components but do it in a way that permits future widening of County
Barn Road with most efficiency possible.
Specific notes /requirements
The Consultant will need to decide what specific portions of the LASIP design can be built as
shown on the existing plans, and what portions should be re- designed with a cheaper
approach that can be removed or altered when future road widening occurs. For instance, if a
segment of the stormwater conveyance facilities currently consist of a box culvert, but four lane
plans will necessitate the box be removed or altered, the box culvert should be re- designed to
be, for example, a ditch. On the other hand if a segment of box culvert will not be affected by
future four -lane construction, it should be left as is, to be an integral part of the LASIP program
facilities.
B. Specific Work Tasks
,,w,,, i- Review Existing Plans
Plans will be furnished to Consultant. Consultant shall review these thoroughly and have a
complete understanding of the current design.
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7/24/2012 Item 16.A.2.
ii. Preliminary Design
Prepare a supplemental design for the County Barn Road and associated LASIP facilities
such that, when the future plan to widen County Barn Road (two lane to four lane) is
brought forth, the least amount of the LASIP system will be impacted or affected. Where
reconstruction is unavoidable, the costs of doing so should be kept to a minimum.
iii. Final Design and Permit Modification
Submit the prepared plans to the SFWMD and USACE as a modification to the LASIP
Master Permit.
iv. Pre - Construction Services
Attend a pre -bid meeting, assist review of bids, assist in selecting a Contractor
V. Construction Services
a. Attend one (1) pre - construction conference.
b. Review shop drawings submitted by the contractor for compliance with the Construction
Documents (structural review only). This item will include up to two reviews per shop
drawing submittal.
c. Provide limited review and assistance in field changes.
d. Provide periodic observation of the work in progress (typically structural) where called for
by permit.
e. Review the Contractor's applications for payment and accompanying data and schedules
during monthly progress meetings. Based upon quantity verification by county on -site
observations, review the amount owed to the Contractor and advise of payment
irregularities if noted.
f. Attend one final punch list meeting in the field.
g. Record Drawings are to be prepared by the Contractor. Signed and sealed post
construction surveys to be provided by Contractor to facilitate submittal of Record Drawings.
Prepare special provisions to have this accomplished by Contractor. Review record
drawings provided by the Contractor for accuracy.
SCHEDULE h. Submit certification of conformance with permitted plans to the SFWMD.
The SFWMD and USACE Permits for LASIP expire in 2015 but development of plans and
procurement of Modification Permits for the County Barn - related LASIP Facilities should begin
right away.
It is not anticipated that real property will be needed for the construction, however, if it is,
Consultant will be expected to identify the selected properties early in the design so that County
Real Property Acquisition Staff can begin the acquisition process. A recommendation on whether
the property should be pursued as an easement, purchase in fee simple, or other method should
be included.
PROJECT REQUIREMENTS
I. PLAN PREPARATION
A. All of the engineering services to be provided should utilize design standards and
construction specifications set by the Florida Department of Transportation (FDOT), as
updated to date, to the greatest extent possible.
W)
Preferred plan production software is Autodesk AutoCAD /Civil 3D, following the NCS
"CAD Standards ". Any other program is acceptable if the consultant uses it to produce a
cost - effective and/or time design, as approved by the County.
II. PROJECT DELIVERABLES
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A. One (1) overall CAD file containing all of the survey points, line work, symbols, DTM and
SUE information (where applicable).
This file will be an AutoCAD Civil 3D file and will be to current Collier County Growth
Management Division standards as directed by the County.
B. Two (2) hard (paper) copies of the final plans signed and sealed by a Florida Professional
Engineer, on 11 x 17 format.
C. Two (2) copies of the final technical and administrative specifications.
D. Six (6) copies at the various design stages of the project (30 %, 60% and 100 %) for internal
review.
E. On request, paper and /or electronic copy of all utility As -Built plans, Plats or ROW Maps
obtained from other sources and used during the design phase of the project.
F. All final plans, specs, and bid documents will be provided on CD for Collier County records.
SCOPE OF SERVICES
TASK II: WINGSOUTH CHANNELS DESIGN
OVERVIEW
The Collier County Road, Bridge, and Stormwater Section of the Transportation Engineering Department
is in need of professional engineering services to:
(1) design, permit, bid, and assist during construction, the Wingsouth Channels phase of the Lely
Area Stormwater Improvement Project (LASIP),
WORK DESCRIPTION
Work narrative and pertinent information Mints:
The Wingsouth Airpark project is generally described as "new construction and general improvements to
approximately 13,000 linear feet of channels within Region 7, as part of the Lely Area Stormwater
Improvement Plan" ( SFWMD Permit #11- 01140 -S). Region 7 has boundaries from the northeast corner
of Naples Manor to the intersection of Davis Boulevard and CR 951, north of Rattlesnake Hammock
Road. This region is subdivided into three parts: (1) the area north of Wing South Air Park (Sections 9,
10 and 3) and Section 15 (east of The Air Park) which is sparsely developed, (2) the area between Wing
South Air Park, Royal Woods, and Rattlesnake Hammock Road in Section 16 which has multi- family
development and single - family homes on lots of various areas, and (3) Section 21 which is mainly
undeveloped. The topography in this region is very flat and storm -water runoff flows slowly across
numerous shallow low areas and into the slough system. The slough is also flat and without an outlet. A
combination of new construction and improvements to existing conveyances will be required to collect
flows and move them downstream.
General notes /requirements
• The project scope shall include but not be limited to: normal surveying, civil, structural,
mechanical, electrical, and any other required engineering services and professional services
necessary to prepare, submit and support an application to modify The South Florida Water
Management District ( SFWMD) conceptual permit and prepare construction plans and
specifications.
• The Consultant shall provide services to cover the project's design as it relates to ecological
compliance issues with existing permits, geotechnical evaluation to quantify rock excavation
and handling, and hydrological evaluation needed to secure dewatering permits.
• If required the Consultant shall secure a dewatering permit from the SFWMD.
• The project is currently covered by a SFWMD conceptual permit and a USACOE construction
permit.
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• Copies of the approved permits are provided with this proposal as reference documents.
• Project Design will be in conformance with the six (6) drawing sheets of the SFWMD
conceptually approved and the USACOE final approved plans provided (sheets 68, 69, 70,
71, 72, and 73 are attached)
• The Consultant shall attend two (2) communit and
determined and coordinated by the County, and as deemed necessary by the County to
present and explain the project design and to address public concerns and issues relating to
the project.
o The canal top of bank and maintenance path will be staked prior to the meetings.
Specific notes /requirements
• The existing man -made channel (C4C- 01- C0005) located immediately east of the Air Pa
runway will be modified as needed to carry upstream flows. rk
o The proposed channel improvements extend from the North boundary of Section 16 South
to Rattlesnake Hammock Road.
• Near the south end of the channel on the east side of the Air Park runway (C4C- 01- C0005) a
weir (C4C- 01 -Sol oo) will be constructed where the existing drainage structure is located.
• The crest length will be 30 feet
• the crest elevation will be 9.0
• Two 3 -ft by 3 -ft sluice gates installed for emergency dumping of water.
• A spoil berm exists east of the canal (C4C- 01- C0005); it will be reshaped and fill may be
added as needed to construct a maintenance road.
• The downstream weir (C4C- 01- S0100) will discharge into an existing 4- by 8 -foot box culvert
(04C- 01- S0700) constructed along the Rattlesnake Hammock Road right -of -way.
• Existing channel along the west side of the Air Park (segments C4C- 02 -00035 thru C4C -02-
0055) will require improvements along the west side of the runway and the residential
development.
• A weir (C4C- 02- S0100) is to be placed in this channel west of the Air Park to force water via
overland flow to a cypress wetland.
• The small section of the channel along the north side of the Airpark runway is included in the
project, as well as the design of the weir, structure C4C- 01- S0110(P), located just north of the
channel along the north side of the runway. This weir is proposed to control the overland
movement of water flowing south from the wetland, located to the north, into the channel. The
weir will be constructed at this location with two 3 ft- by 3 -ft sluice gates to allow for
emergency dumping of water.
• A restricted access maintenance travelway 18 to 20 feet wide will be constructed adjacent to
all the channel improvements. Access to all new weirs for perpetual maintenance must be
addressed. Restricted access gates and fencing or other devices for security will be included
in this design for all proposed facilities.
• This project does not include proposed improvements to the ditch that runs west of the
Wingsouth Air Park along the boundary of Sections 9 and 16.
C. Specific Work Tasks
The proposal shall include, nut not be limited to, the following:
Vi. Preliminary Design and Permitting
a. Conduct site visit and perform engineering survey as follows.
• Conduct site visit and perform a topographical survey to aid in design and
acquisition of permanent and temporary easements.
• Establish all necessary surveying controls (horizontal and vertical) and bench marks.
• Establish a project baseline survey, approximately 13,000 LF
• Station the baseline at 100 foot intervals along the proposed improvements.
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• Obtain the topographic information at the appropriate stations along the baseline. The
cross sections along the canal shall be a minimum of 150 ft long and inclusive of the
existing canal, the areas of proposed improvements, and shall also extend out far
enough to include the natural ground beyond the proposed improvements.
• Prepare a hard copy topographic survey, to be signed and sealed for inclusion in the
design set as prepared for the permit application.
• Where wetlands exist, locate the jurisdictional wetland line. The located line shall be
added to the topographic surrey, and annotated accordingly.
• Locate all drainage features (pipe sizes, inverts, manholes, inlets, etc... )
• Locate existing utilities within the project limits including utilities crossing the existing
canals
• Locate properties and section comers to establish and verify the ROW and or existing
easement lines.
• Provide survey cross sections of the existing canal every 100 feet.
b. Set up, perform and provide a report for at least six soil borings or as many as may be
required to design all elements of this project.
c. Prepare preliminary plans of the proposed improvements (30 %).
• Preliminary plans will identify existing Rights of Way (ROW) and any existing
easements.
• Identify all affected property owners and parcels.
• Show properties where designer believes easements need to be procured for this
project, whether temporary or permanent.
d. All utility owners within the project limits should also be copied on this submittal for
their review and comments.
e. Submit a preliminary engineer's opinion of probable cost to Stormwater Management
Staff.
f. Attend meeting with Stormwater Management Staff to review preliminary plans and
comments provided by all reviewers. At this meeting easements will be discussed.
g. Conduct a pre - application meeting with SFWMD.
vii. Substantial Design and Permitting
a. Prepare complete plans (60 %) incorporating all utility information provided by the utility
owners. Consultant will assist Staff with distributing copies to various utilities for comment
and input.
b. Submit complete plans along with an engineer's opinion of probable cost (60% submittal).
c. Attend 60% meeting with client to review complete plans and comments provided by all
reviewers.
d. Attend utility design coordination meeting(s) to review comments and develop solution to
utility conflicts.
• If needed, develop alternative approaches to design and construction based on utility
owner's input.
e. Provide final Sketch and Legal Description documents for all parcels where an easement
will be sought.
f. Prepare and submit any local, state or federal permit packages determined to be required.
The permit process includes responding to review comments, plan revisions, calculations
and reports as may be required to successfully obtain the permits.
• NOTE: There may be Federal Aviation Administration (FAA) requirements
• NOTE: County permits will NOT be needed for Excavation or Vegetation Removal.
viii. Final Design and Permitting
a. Prepare final signed and sealed 100% plans incorporating all utility information provided
by the utility owners or other reviewers, bid documents (blank schedule), and construction
specifications. Consultant will assist Staff with distributing copies to various utilities for
comment and input.
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7/24/2012 Item 16.A.2.
b. Submit an Engineer's Opinion of Probable cost (100% submittal), to stormwater section
staff.
c. Prepare and submit any local, state or federal permit packages determined to be required.
The permit process includes responding to review comments, plan revisions, calculations
and reports as may be required to successfully obtain the permits.
d. Locate underground utilities at potential utility conflicts with drainage structures.
e. Provide Final Sketch and Legal Description documents for all parcels where an easement
will be sought, after revisions made during course of design /permitting, where necessary.
f. Monitor and secure permits.
g. Advise County staff of any and all permits that may be necessary for this construction. If
permits noted are outside listed scope thus far, additional funding will be discussed.
ix. Pre - Construction Services
a. Assist during the bidding phase of the project, attending the pre -bid conference to
respond to questions or issues raised by potential bidders. Preparation of any addenda
required during the bid process and then issuing a conformed set of documents that
incorporate all changes made to the design during bidding.
b. Assist the County in evaluating the bids and submit recommendation of award.
X Construction Services
a. Attend one (1) pre- construction conference.
b. Review shop drawings submitted by the contractor for compliance with the Construction
Documents (structural review only). This item will include up to two reviews per shop
drawing submittal.
c. Provide limited review and assistance in field changes.
d. Provide periodic observation of the work in progress (typically structural) where called
for by permit.
e. Review the Contractor's applications for payment and accompanying data and
schedules during monthly progress meetings. Based upon quantity verification by
county on -site observations, review the amount owed to the Contractor and advise of
payment irregularities if noted.
f. Attend one final punch list meeting in the field.
g. Record Drawings are to be prepared by the Contractor. Signed and sealed post
construction surveys to be provided by Contractor to facilitate submittal of Record
Drawings. Prepare special provisions to have this accomplished by Contractor. Review
record drawings provided by the Contractor for accuracy.
h. Submit certification of conformance with permitted plans to the SFWMD.
0 TASK III: LASIP CLOSE -OUT
A. Verification of compliance with permits
Consultant shall review all permits issued for LASIP and ensure Collier County has complied with
the requirements and conditions. If non - compliance is discovered, consultant shall notify County
staff and make recommendations. If compliance efforts are limited in nature (24 man -hours + / -)
consultant shall perform required work. If efforts are extensive, consultant shall assist with
developing procedures to resolve. Main focus is on the following two permits and their associated
modifications:
i. SFWMD Permit 11- 01140 -S General and Special Conditions
ii. USACE Permit SAJ- 2002- 2436(IP -MJD) Conditions
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7/24/2012 Item 16.A.2,
B. Other Close -Out issues (T &M Sum)
i. Suggested /Possible Items:
• Requirement for box culvert segments installed throughout the course of LASIP to
be registered with FDOT as bridges, and tested/ certified
•
SCHEDULE Scope for possible need to extend any major permit
The Wingsouth Airpark Channels are planned for 2014 construction (dry season of 2014), so
development of plans and procurement of permits should be scheduled accordingly. It will be
expected that Consultant will identify needed properties early in the design so that County Real
Property Acquisition Staff can begin the acquisition process.
The LASIP Close -Out work should be completed within six (6) months after the final construction
phase is completed.
PROJECT REQUIREMENTS
I. PLAN PREPARATION
C. All of the engineering services to be provided should utilize design standards and
construction specifications set by the Florida Department of Transportation (FDOT), as
updated to date, to the greatest extent possible.
D. Preferred plan production software is Autodesk AutoCAD /Civil 3D, following the NCS
"CAD Standards ". Any other program is acceptable if the consultant uses it to produce a
cost - effective and /or time - saving design, as approved by the County.
II. PROJECT DELIVERABLES
A. One (1) overall CAD file containing all of the survey points, line work, symbols, DTM and
SUE information (where applicable).
This file will be an AutoCAD Civil 3D file and will be to current Collier County Growth
Management Division standards as directed by the County.
B. Two (2) hard (paper) copies of the final plans signed and sealed by a Florida Professional
Engineer, on 11 x 17 format.
C. Two (2) copies of the final technical and administrative specifications.
D. Six (6) copies at the various design stages of the project (30 %, 60% and 100 %) for internal
review.
E. On request, paper and /or electronic copy of all utility As -Built plans, Plats or ROW Maps
obtained from other sources and used during the design phase of the project.
F. All final plans, specs, and bid documents will be provided on CD for Collier County records.
G. All other documents generated from Close -Out activities.
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7/24/2012 Item 16.A.2.
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
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 Shane
Cox, P.E., Senior Project Manager, Collier County Government, Growth Management
Division, Transportation Engineering Dept., 2885 N. Horseshoe Drive, Naples, FL 34104,
Phone: 239 - 252 -5792
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; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have been
completed to OWNER'S reasonable satisfaction.
ITEM
LUMP SUM FEE FOR:
FEE
PAYMENT SCHEDULE
LA
County Barn Road Preliminary
Design
$72,033.00
Monthly Upon Percent Complete
I.B
County Barn Road Design and
Permitting
$61,752.00
Monthly Upon Percent Complete
I.0
County Barn Road Final Design
and Permitting
$77,753.00
Monthly Upon Percent Complete
I.D
County Barn Road Pre-
Construction Assistance
$ 6,427.00
Monthly Upon Percent Complete
I.E
County Barn Road Construction
Services
$47,694.00
Monthly Upon Percent Complete
SUB TOTAL Total Items LA -LE
$265,659.00
I.F
County Barn Optional Services
$ 16,800.00
Monthly Upon Percent Complete
TOTAL FEE Total Items LA -LF
$282,459.00
II.A
Wingsouth Preliminary Design
$ 95,008.00
Monthly Upon Percent Complete
11.13
Wingsouth Design and Permitting
$ 59,434.00
Monthly Upon Percent Complete
II.0
Wingsouth Final Design and
Permitting
$ 80,001.00
Monthly Upon Percent Complete
II.D
Wingsouth Pre - Construction
Assistance
$ 6,728.00
Monthly Upon Percent Complete
ILE
Wingsouth Construction Services
$ 50,670.00
Monthly Upon Percent Complete
TOTAL FEE Total Items ILA -II.E 1$291,841.00
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7/24/2012 Item 16.A.2.
III Project Closeout $ 24,848.00 Monthly Upon Percent Complete
GRAND TOTAL $599,148.00
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Five Hundred Ninety -
Nine Thousand One Hundred Forty-Eight Dollars and No Cents ($599,148.00) to be paid to
CONSULTANT for the performance of the Basic Services.
B.2.3. 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 authorizing such
Additional Services. 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
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. 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.2.5 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.
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 earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number
of the purchase order granting approval for such services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
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7/24/2012 Item 16.A.2.
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 time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove IWOOV
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
1. B.3.4 Unless specific rates have been established in Attachment B, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
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.
B.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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7/24/2012 Item 16.;4.2
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
Contract #11 -5751 Professional Design & Oversight Services for Lely Area Stormwater
Improvement Project (LASIP) 1) County Barn Road 2) Wingsouth
COUNTY BARN ROAD
• Site Visits, Supplemental Engineering Survey, and SUE at Rattlesnake and Davis intersections
• XP -S WMM modeling for LASIP redesign along County Barn Road
• Prepare Preliminary 30% Plans
• Submit Preliminary Plans and Engineer's Opinion of Probable Cost
• Attend Meeting with Stormwater Staff to review Plan Comments
• Conduct Pre -App meeting with SFWMD for LASIP & Roadway modifications
• Soil Borings and Report for mast foundations and weir cut off design
• Review Jurisdictional Line Determination and update Protected Species Assessment
• Project Management
• Prepare Complete 60% Roadway and Structural Plans suitable for permit submittals
• Submit Complete Plans and Engineer's Opinion of Probable Cost
• Attend Meeting with TED and Traffic Opps. Staff to review PIan Comments
• Attend Utility Meeting to Review Comments and Resolve Utility Conflicts
• Prepare and Submit Permit Packages (SFWMD modification & FDOT)
• Project Management
• Prepare Complete 100% Roadway, and Signal Plans
• Submit 90% plans to Traffic Opps for review during 100% plan production
• Update underground utilities per their comments
• Submit Complete Plans and Engineer's Opinion of Probably Cost
• Prepare Final Signed and Sealed Plans, Cost Estimate, Bid Schedule and Specifications
• Monitor and Secure SFWMD Modification and FDOT Permits
• Project Management
B4
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• Pre -Bid Conference
• Respond to Questions From Bidders
• Preparation of Required Bid Addendums
• Submit Conformed Plan Set
• Attend one pre- construction conference
• Review shop drawing,
• Assist in field changes
• Periodic observation of work in progress
• Review Contractor's application for payment
• Attend one final punch list meeting
• Review record drawings provided by contractor for accuracy
• Submit certification for performance to SFWMD
• Environmental services during permitting if required
Total for County Barn Road Tasks I.A through I.F
WINGSOUTH
• Site Visits and Engineering Survey
• Prepare Preliminary 30% PIans
• Submit Preliminary Plans and Engineer's Opinion of Probable Cost
• Right -of -Way Acquisition Map
• Attend Meeting with Stormwater Staff to review Plan Comments
• Conduct Pre - Application meeting with SFWMD
• Soil Borings and Report
• Jurisdictional Line Determination and Protected Species Assessment
• Project Management
Lr• tvot to exceed
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7/24/2012 Item 16.A.2.
$282,459.00
rm
7/24/2012 Item 16.k.2.
• Prepare Complete 60% Plans
• Submit Complete Plans and Engineer's Opinion of Probable Cost
• Attend Meeting with Stormwater Staff to review Plan Comments
• Attend Utility Meeting to Review Comments and Resolve Utility Conflicts
• Prepare and Submit Permit Pao ,a fls
• Right -of -Way Acquisition Maps and Sketch and Descriptions
• Project Management
• Prepare Complete 100% Plans
• Locate Underground Utilities
• Submit Complete Plans and Engineer's Opinion of Probable Cost
• Prepare Final Signed and Sealed Plans, Cost Estimate, Bid Schedule and Specifications
• Monitor and Secure Permits
• Right -of -Way Acquisition Maps and Sketch and Descriptions
• Prepare Complete 100% Structural Plans
• Project Management
• Pre -Bid Conference
• Respond to Questions From Bidders
• Preparation of Required Bid Addendums
• Submit Conformed Plan Set
exceed
• Attend one pre - construction conference
• Review shop drawings
• Assist in field changes
• Periodic observation of work in progress
• Review Contractor's application for payment
• Attend one final punch list meeting
• Review record drawings provided by contractor for accuracy
• Submit certification for performance to SFWMD
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Total for Wingsouth Tasks II.A through II.E
Task III PROJECT CLOSEOUT: P
• Verification of compliance with
• Verification of compliance with l
• Box culvert registration with FD(
• Request permit extension if requi
GRAND TOTAL
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SCHEDULE 6 - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Contract #11 -5751 Professional Design & Oversight Services for Lely Area Stormwater
Improvement Project (LASIP) 1) County Barn Road 2) Wingsouth
Title
Hourly Rate
Principal Engineer
$195.00/hr
Senior Project Manager
$165.00/hr
Project Manager
$148.00/hr
Surveyor and Mapper
$130.00 /hr
Survey Crew (2 -Man)
$130.00 /hr
Engineer
$119.00/hr
Designer
$100.00 /hr
CADD Technician
$ 85.00/hr
Clerical
$ 60.00 /hr
END OF SCHEDULE B
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7/24/2012 Item 16.A.2.
Aft
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Contract #11 -5751 Professional Design & Oversight Services for Lely Area Stormwater
Improvement Project (LASIP) 1) County Barn Road 2) Wingsouth
(The Tasks identified below may include a different Notice to Proceed to commence work)
Task I.A — LF PROFESSIONAL DESIGN & OVERSIGHT SERVICES FOR LELY AREA
STORMWATER IMPROVEMENT PROJECT — COUNTY BARN ROAD:
1547 days from Notice to Proceed
Task ILA — ILE PROFESSIONAL DESIGN & OVERSIGHT SERVICES FOR LELY AREA
STORMWATER IMPROVEMENT PROJECT - WINGSOUTH:
1181 days from Notice to Proceed
Task III PROJECT CLOSEOUT:
419 days from Notice to Proceed
C1
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7/24/2012 Item 16.A.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
policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its usurer, 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
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7/24/2012 Item 16.A.2.
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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.
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7/24/2012 Item 16.A.2
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
$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
(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
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7/24/2012 Item 16.A.2.
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 they
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 $1,000,000
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
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7/24/2012 Item 16.A.2.
(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
(6) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X_ Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
X_ Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the, performance of professional services under this
'* Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
, .
this insurance. Such insurance shall have limits of not less than:
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7/24/2012 Item 16.A..2.
$ 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 to be issued on the policy if reques ed by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
D6
Packet Page -1218-
7/24/2012 Item 16.A.-,-,.
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing vaivabie 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 underwrit. r will give as a credit if the
Policy is replaced by an individual project policy.
f• Cost of professional insurance as a percent of re enue.
9• Affirmation that the design firm will complete a f nely 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
D7
Packet Page -1219-
7/24/2012 Item 16.A.2.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Agnoli, Barber & Brundage, 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 Professional Design & Oversight
Services for Lely Area Stormwater Improvement Project (LASIP) 1) County Barn Road 2)
Wingsouth are accurate, complete and current as of the time of contracting.
Agnoli, Barber & Brundage, Inc.
BY:
TITLE:
DATE:
E -1
Packet Page -1220-
7/24/2012 Item 16.x..2.
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Dan Brundage
Principal
En ineer
7.4%
6.1%
1.0%
14.5%
Ted Tryka
Sr. Project
Manager
10%
9.9%
2.0%
21.9%
Jim Carr
Project Manager
3.2%
2.8%
0.0%
6.0%
George Hackney
Surveyor &
Mapper
1.0%
3.0%
0.4%
4.4%
Survey Crew 2-
Man
1.1%
1.2%
0.8%
3.1%
Deb Cull
Engineer
8.2%
8.8%
0.0%
17.%
Matt Kichline
Designer
8.6%
8.0%
0.0%
16.6%
Lee Gates
CADD Technician
10.2% 1
10.2% 10.8%
21.2%
Yvonne Ogden I
Clerical
7.1% 13.9%
1
1.0%
12.%
F -1
Packet Page -1221-
121 7/24/2012 Item 16.A.2.
Raommendation to approve Agaoli, Barber & Braadage, Inc ("ABB") as the design
professkeW for "Profeseieaal Design and Oversight Services for :Lely Area Stermwater
Improvement Project' (LASIfj; 1) Coaaaty Barn Road, 2) Wiu pop and 3) Projed Cine
Oat" pnrsaant to RFP #11 -57519 and authorize staff to eater into aggsdations with A D4
Berber .& Brundage Inc, Project #51101.
O 070: To obtain professional engineering services for the
and for�the close �S P;of design,
-0ut, of the L.ely Area Stormwater Improvement Project A ASIP).
CON 11IM& rnNS_ The my Area, Stormwater Improvement Project is nearing its
conclusion. The remaining portions need to be designed for permit modification and
construction. These are the Wingsouth channels and the LASIP storinwater fi<cilities within the
County Barn Road ri&-of -way. Also the project needs to be properly closed out in compliance
with Us,permits form the South Florida water Management District �) and the US Army
Corps of Engineers (USACE).
The LASIP SFWMD Environmental Resource Permit #,I1- U1140- S).m► _1 =ued on Oct 14, 2004,
and is - cKtended each time a new construction phaie . is approved. However, the USACE
Environmental Resource Permit SAJ- 2002- 2436(IP -MJD) was issued on Jul 28, 2005 and will
expire on July 25, 2015. This is a hard deadline.which dictates that all work must be completed
by that time. Therefore it is imperative that the LASIP work continues. Thus far completing the
nns)truction tasks has been accomplished successfully. (see attached "Construction Pbasing"
map
For this final design and permitting work, a request for proposal for .services was advertised
August 26, 2011. The e-prOr -Muse It system recorded that 927 notifications were sent to
potential bidders, 121 solicitations were .downloaded, and five proposals were received fiem the
following firms: A.gnolt Barber & Bnmdage Inc, Atkins Inc, Pitman-Hartenstein & Associates
Inc, CDM Inc, and RWA Cansulting Inc. On September 27, 2011, the selection committee,
an organizational mooting where copies of the proposal were distributed for review and scoring.
On November 2, 2011, the selection committee recommended AgnolL Barber +& Brundage Inc.
as the most .qualified and top - ranked firm.
F1CAL- 1f11dpACT:
12 7/24/2012 Item 16.A,2,
RECOMI MNDATION: To approve Agnoli, Barber & Brundage Inc. as the top - ranked firm
responding to RFP 11 -5751 and authorize staff to negotiate a contract with the top - ranked firm.
Following negotiations staff will seek the Board's approval for the acceptance of the negotiated
contract.
PREPARED BY: Shane Cox, Sr Project Manager, Transportation Engineering Department
Attachments: (1) Final Ranking Sheet RFP #11 -5751
(2) Construction Plan (phasing map)
Parkat P200 -11 RR_
Packet Page -1223-
12/ 7/24/2012 Item 16.A.2.
COLLIER COUNTY
Board of County commissioners
Item Number: 16.A.11.
Item Summary: Recommendation for Board approval of Agnoli, Barber & Brundage, Inc
( "ABB ") as the design professional for "Professional Design and Oversight Services for Lely Area
Stormwater Improvement Project (LASIP):1) County Barn Road, 2) Wingsouth, and 3) Project
Close Out" pursuant to RFP #11 -5751, and authorize staff to enter into negotiations with Agnoli,
Barber & Brundage Inc, Project #51101.
Meeting Date: 12/13/2011
Prepared By
Name: CoxShane
Title: Project Manager, Senior,Transportation Engineering
1 1/10/20114:25:36 PM
Submitted by
Title: Project Manager, Senior,Transportation Engineering
Name: CoxShane
11/10/20114:25:37 PM
Approved By
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 11/18/20117:41:20 AM
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 11/18/20118:25:52 AM
Name: TaylorLisa
Title: Management/Budget Analyst ,Transportation Administr
Date: 11/18/20119:15:53 AM
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Parkat Pa op -11 RQ-
Packet Page -1224-
Date: 11/18/2011 10:33:56 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 1 1/18/20114:18:2 9 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 11/21/2011 11:32:20 AM
Name: FederNorman
Title: Administrator - Growth. Management Div,Transportati
Date: 11/21/2011 12:57:27 PM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 11 /21/20114:11: 19 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 11/23/2011 10:22:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/20112:54:50 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/30/20118:37:29 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/20115:09:36 PM
Parltot Pzac -11 on-
Packet Page -1225-
12.,. 7/24/2012 Item 16.E
7/24/2012 Item 16.A.2.
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12/. 7/24/2012 Item 16.)L -L
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.'7 Legend
\ Completed in 06 and 07
Completed in FY 08
J� FY 2009
K,i�{Yl* E r s
S FY 2010
i. 0 0.5 'cam FY 2011
r
Mites �� FY 2012
.:.
FY 2013
COLLtERCOUNTY.• Q 1 1
Growth Management Divislo,, H =Y 2014
Revised; Q=Z2011
oject Boundary
.�
Start
Project 11 yu1 Northwest Ro I Wood Box Culvert
ca l Map NO'
(Feca Project Name 2011 12 Whitaker Road Weir, Swale fm Box Culvert
u Yean
t
2006 1 f Rattlesnake Hammock Rd. 14 Na bs Manor Outten No.3
t 2012 15 I Ne les Manor Outfal No.4
2 1 Ley Branch Canal Rat Ham to K' s Lake - PH 1A 16 No ks Manor North Canal
2007 3 Miti anon Land Restoration Exotrc Ve . rnova
Funding 17
Q Naples Manor Ditch E 3SLre
4 Ro I Wood Weir and Lake Irrkrcorrrect -,g des
2012 18 U.S. 41 Dftoh
�• 6 Le Maror Canal East Outfap PH 16 South - S 12 19A IRfveria Ditch Encbsure - Crown Pt. to CB Road.
2008 B
Le Main Canal Sabal Ba 21 I Craws Road SB Rd Erd
5 Northeast R 22 Cope Lane (SB Rd E-1
o I Wood (Saraa Barbara RdJCanal Ext) -
25 Sand Lane/Wi south I momect
2008
eA Le Manor Canal East Outfa[ PH 18 South - N 1!Z sue! 2013 186 Haldeman Creek Rive.. -Crown Pt. (2 weirs,
7 Le Branch Canal PH 1b North- US 41 to Rat. Ham, 23 1 Davis Blvd. Weir minor canal imo.
24 1Davis Blvd.
3A Miti anon Area Park Construction r
i 6 Le Main Canal South of Rat. Ham. Road _ 20 1 County Bam Rd.
2010 10 Le manorCanai West Outfall South Section
13 2014 26 I Wi south Ai ark West Charsrel
Le
manor Canal West Orrtfall North Section 27 Winosouth Ai ark East Channel
P7rkct Pnac -1107_
Packet Page -1227-
7/24/2012 Item 16.A.2. !
N
0-
WE
S
0 0.5
Miles
COLLIER COUNTY.:
Growth Management Division
Revised; 08122,2011
r1OP/
RATTLESNAKE . . . .. . . ..
o
(Ascal
-RADJO RD
" Y'
'Y
..........
2006 1 . ......
.........
2
Lely Branch Canal (Rat Ham to Kings Lake -PH 1
. Kings
. . .. . .. .. .. .. . ... .. .. . .. .... ..
. - - .. . .. ..
2007
.. . .... .. ....
. a .. g .. R . a .. m va . . ........... . .........
(Mitigation Land R a s t o r a ti o
n (Exotic
. . ......... . ..... . .
.......... . ..... X
. ..
2008
Completed In FY 08
...... ............ ........ . ..
5
FY 2009
2009
. . . .......
cc
L.
. ......
......
....
........... ....
2010 10
2 �LManor
.arqLVKe!�! I (§qy�q Section
13
L0
............ ... . ... .......... ............ .
4
FY 2011
... . . ........
.............. . .........
FY 2012
7-
FY 2013
�4
A,
IFY 2014
Q
IL.....
>
. ....... .
. ... ... .. .
.......... .. ..
. ..... . ........ ......
"X
. . . ... . ...... . . .. . .......... 71
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Miles
COLLIER COUNTY.:
Growth Management Division
Revised; 08122,2011
r1OP/
RATTLESNAKE . . . .. . . ..
Project
start I Map No. Project Name
(Ascal
Y,
" Y'
'Y
Legend
2006 1 . ......
[Rattlesnake Hammock Rd. . ........ . ... _ ...... . ......... . . ........ _ .. . ... .... ....... . ............... . .........
2
Lely Branch Canal (Rat Ham to Kings Lake -PH 1
. Kings
. . .. . .. .. .. .. . ... .. .. . .. .... ..
. - - .. . .. ..
2007
.. . .... .. ....
. a .. g .. R . a .. m va . . ........... . .........
(Mitigation Land R a s t o r a ti o
n (Exotic
. . ......... . ..... . .
Completed in 06 and 07
..... Royal Wood Weir and Lake interconnect Upgrades
2008
Completed In FY 08
el Main Canal S.h.1 R—A
5
FY 2009
2009
7
A.
FY 2010
8
LelyMain Canal (South of Rat. Ham. Road)
..... . . ......
2010 10
2 �LManor
.arqLVKe!�! I (§qy�q Section
13
1 Le Manor Canal West Outfall (North Section)
........... - . ... ........... ............... ............
4
FY 2011
FY 2012
4
FY 2013
�4
A,
IFY 2014
Project Boundary
Project
start I Map No. Project Name
(Ascal
Year)
16 ��i Naples Manor North Canal
21 Crews 2
2006 1 . ......
[Rattlesnake Hammock Rd. . ........ . ... _ ...... . ......... . . ........ _ .. . ... .... ....... . ............... . .........
2
Lely Branch Canal (Rat Ham to Kings Lake -PH 1
. Kings
. . .. . .. .. .. .. . ... .. .. . .. .... ..
. - - .. . .. ..
2007
.. . .... .. ....
. a .. g .. R . a .. m va . . ........... . .........
(Mitigation Land R a s t o r a ti o
n (Exotic
. . ......... . ..... . .
.
..... Royal Wood Weir and Lake interconnect Upgrades
2008
LOY_Mawqanal East Outfall (PH 1 B S_ outh - S
. .........
el Main Canal S.h.1 R—A
5
Northeast Royal Wood (Santa Barbara Rd./Canal EXL)
2009
7
Lely Branch Canal (PH 1 B North- US 41 to Rat. Ham.)
3A Mjtiq2tajA�ark Construction
8
LelyMain Canal (South of Rat. Ham. Road)
..... . . ......
2010 10
2 �LManor
.arqLVKe!�! I (§qy�q Section
13
1 Le Manor Canal West Outfall (North Section)
........... - . ... ........... ............... ............
11 No rthwest R I ,Wood Box Culvert
2011 12
14
2012 Naples Manor 0
Funding !
qa0 es. . Manor Ditch Enclosure
ii
2012 18 U.S. U.S. 41 Ditch
19A lRiveria Ditch Enclosure -Crown Pt. to CB Road.
Road ( B Rd E
. . ........ . . ..
22 Cope Lane (SB Rd. Ext.)
25 ISandyl-aneMi south Interconnect
2013 198 ':Haldeman Creek (Rrv2ria -Crown Pt (2 weirs, =nor canal imp.)
23 Davis Blvd Weir
"Davis Blvd
20 County Barn Rd.
26 !Wingsouth Airpark West Chan;;,--
2014 .. ........ ..... - ......... I-— ..... . . ......... __1 ..... .. . ... ..... _ .. . .......... . .. ..... . ....
1 77 1 W,
south Ai ark East Channel ���
Packet Page -1228-
Whitaker Road Weir Swale Imp. &Box Culvert
16 ��i Naples Manor North Canal
21 Crews 2
south Ai ark East Channel ���
Packet Page -1228-