Agenda 09/25/2012 Item #11A 9/25/2012 Item 11.A.
EXECUTIVE SUMMARY
Recommendation to award Agreement No. 12-5901 for Construction Engineering and
Inspection (CEI) and Related Services for US 41 & SR/CR 951 Intersection Improvements
and SR951 (Collier Boulevard) 3R Improvements" to Atkins North America, Inc.; Project
No. 60116, Fiscal Impact$1,748,086.25
OBJECTIVE: To award a CEI contract for US 41 (Tamiami Trail) and SR/CR 951 (Collier
Boulevard) intersection improvements from south of Eagle Creek Drive to north of Triangle
Boulevard and Resurfacing, Restoration and Rehabilitation (3R) of SR 951 (Collier Boulevard)
from south of Fiddler's Creek Parkway to Tower Road.
CONSIDERATIONS: On April 30, 2012, the Collier County Growth Management Division
through its Transportation Engineering Department (TE) issued RFP #12-5901 requesting
proposals from professional engineering consulting firms, pre-qualified by the Florida
Department of Transportation (FDOT), to provide CEI for roadway construction on this project.
Nine hundred and sixty five notices of the RFP were sent out and a non-mandatory pre-proposal
meeting held on May 11, 2012. Four proposals were received. On June 8, 2012, a selection
committee short-listed the four (4) Firms based on an evaluation of their technical proposals. On
June 26, 2012, the Board approved the short list and authorized negotiations to commence with
the top ranked firm, Atkins North America, Inc.
On July 5, 2012, staff and Atkins North America, Inc., negotiated a contract to provide CEI
services for an amount not to exceed $1,748,086.25, subject to the Board's approval.
Sometime during the last quarter of the State's 2013 fiscal year (April, May or June of 2013),
the FDOT is expected to approve a Joint Participation Agreement (JPA) providing up
to $11 million in reimbursement dollars offsetting the cost of project construction as well
as CEI services. Staff will be bringing that JP A to the Board for consideration
upon receipt.
Segment 1 of this project includes intersection improvements to US41 from west of
Triangle Boulevard to east of Mondago Lane and on SR/CR 951 (Collier Boulevard) from
south of Eagle Creek Drive to north of Triangle Boulevard. Segment 1A is the Resurfacing,
Rehabilitation and Restoration of a segment of SR 951 (Collier Boulevard) from south of
Fiddler's Creek Parkway to Tower Road. Construction of the project will include but not be
limited to: installation of storm drain structures & ponds, underground utility
relocation/installation, signalizations, street lighting, signing and marking, and related
intersection and local roadway improvements adjacent to the project.
FISCAL IMPACT: Funds in the amount of$1,748,086.25 are budgeted as follows:
Fund/Funding Source Amount
Road Impact District 4 Fund 336, Project# 60116 $660,386.25
Growth Management Grant Fund 711, Project# 60116 $994,640.00
County Sewer User Fee Capital Fund 414, Project# 73045 $46,530.00
County Water Capital Fund 412, Project#70045 $46,530.00
Total $1,748,086.25
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GROWTH MANAGEMENT IMPACT: The project is consistent with the currently adopted
Metropolitan Planning Organization(MPO) Long Range Transportation 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: That the Board of County Commissioners award Agreement No. 12-
5901 "Construction Engineering and Inspection(CEI) and Related Services for US41 and SR/CR
951 Intersection Improvements and SR 951 3R improvements" to Atkins North America, Inc.,
for a not to exceed sum of$1,748,086.25 and authorize the Chairman to sign the Agreement after
final review by the County Attorney.
PREPARED BY: Marlene Messam, Project Manager, Transportation Engineering Department
Attachments: (1) Agreement No. 12-5901 (2) JPA Commitment Letter
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A.
Item Summary: Recommendation to award Agreement No. 12-5901 for Construction
Engineering and Inspection (CEI) and Related Services for US 41 &SR/CR 951 Intersection
Improvements and SR951 (Collier Boulevard) 3R Improvements"; to Atkins, North America, Inc.:
Project No. 60116, Fiscal Impact $1,748,086.25. (Marlene Messam, Growth Management Sr.
Project Manager)
Meeting Date: 9/25/2012
Prepared By
Name: MessamMarlene
Title: Project Manager, Senior,Transportation Engineering
5/16/2012 11:10:56 AM
Submitted by
Title: Project Manager, Senior,Transportation Engineering
Name: MessamMarlene
5/16/2012 11:10:57 AM
Approved By
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 7/11/2012 10:25:58 AM
Name: PutaansuuGary
Title: Project Manager,Principal,Transportation Engineer
Date: 7/11/2012 11:52:33 AM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 8/1/2012 12:44:06 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing& Gene
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Date: 8/2/2012 11:45:10 AM Aatik
Name: RitterSteve
Title: Manager-Road Construction,Transportation Engineering&Construction Management
Date: 8/24/2012 3:06:02 PM
Name: ChmelikTom
Title: Director,Public Utilities Engineering
Date: 8/31/2012 8:58:28 AM
Name: ShueGene
Date: 8/31/2012 1:47:25 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 9/7/2012 4:31:43 PM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 9/10/2012 12:08:16 PM
Name: CummingsRhonda
osow
Title: Contracts Specialist,Purchasing&General Services
Date: 9/10/2012 1:54:45 PM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing&General Services
Date: 9/10/2012 1:55:12 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 9/12/2012 6:09:34 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/14/2012 4:10:25 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 9/17/2012 9:20:20 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/17/2012 10:57:07 AM
Altk
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Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/17/2012 5:01:54 PM
Name: OchsLeo
Title: County Manager
Date: 9/18/2012 3:10:11 PM
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Contract#12-5901
CEI and Related Services for
US 41/CR 951 Intersection Improvements & 3R Improvements to SR 951
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2012 by
and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
Atkins North America, Inc. authorized to do business in the State of Florida, whose business
address is 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida 33607 (hereinafter
referred to as the "CONSULTANT').
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Construction, Engineering
and Inspection (CEI) and related services of the CONSULTANT concerning CEI and Related
Services for US 41/CR 951 Intersection Improvements & 3R Improvements to SR 951
(hereinafter referred to as the "Project"), said services being more fully described in Schedule A,
"Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
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
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herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering and
Inspection (CEI) and related services in all phases of the Project to which this Agreement
applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Steven Martin, P.E. a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
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to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by Ask
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
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1.8. 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 CONSULTANTS obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK
(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement-
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Administrative Procedures in effect at the time such services are
authorized. These services will be paid for by OWNER as indicated in Article Five and
Schedule B. Except in an emergency endangering life or property, any Additional Services must
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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:
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2.1. Preparation of applications and supporting documents (except those already to be -
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
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2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
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authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER'S
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requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
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ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
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reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays. Ask
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
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
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copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
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extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County, Florida, as an additional insured as to the
operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance, which are to be provided in the form
attached as.Attachment I to Schedule D, must identify the specific Project
name, as well as the site location and address (if any).
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9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the
terms hereof must expressly state that the insurance company will accept
service of process in Collier County, Florida and that the exclusive venue
for any action concerning any matter under those policies shall be in the
appropriate state court situated in Collier County, Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of"Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
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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 terms this Agreement,
and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or
subcontract agreement shall preserve and protect the rights of the OWNER under this
Agreement with respect to the Services to be performed by the subconsultant or subcontractor
so that the subconsulting or subcontracting thereof will not prejudice such rights. Where
appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into
similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
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 '"o'P''
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in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, and/or
(b) CONSULTANT'S failure to properly and timely perform the services to be provided
hereunder or as directed by OWNER, and/or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT and/or by any of CONSULTANT'S
principals, officers or directors, and/or (d) CONSULTANT'S failure to obey any laws, ordinances,
regulations or other codes of conduct, and/or (e) CONSULTANT'S failure to perform or abide by
the terms and conditions of this Agreement, and/or (f) for any other just cause. The OWNER
may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7)
calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
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
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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 Amok
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 sx
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT'sintention 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
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subconsultant or subcontractor or their agents or employees or any other persons performing
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portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
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.
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ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Interim Purchasing/GS Director
Phone: 239-252-8407; Fax: 239-252-6583
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:
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Atkins North America, Inc.
1514 Broadway, Suite 203, Fort Myers, Florida 33901
Telephone: 239-334-7275
Fax: 239-334-7277
Attn: Michael R. Ryan, P.E., PMP
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
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
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and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
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ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
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
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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 Amok
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Consultant Presentations
At the discretion of the County, the Consultant may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a property advertised Public Meeting on a
schedule to be determined by the County Manager or his designee. Prior to the scheduled
presentation date, the Consultant shall meet with appropriate County staff to discuss the
presentation requirements and format. Presentations may include, but not be limited to, the
following information: Original contract amount, project schedule, project completion date and
any changes to the aforementioned since Notice to Proceed was issued.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for CEI and Related Services for CE1 and Related Services for US 41/CR 951
Intersection Improvements & 3R Improvements to SR 951 the day and year first written
above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
c23
Assistant County Attorney
Dep,
Atkins North America, Inc.
By:
Witness
Typed Name and Title
Typed Name and Title
Witness
Typed Name and Title
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SCHEDULE A
SCOPE OF SERVICES
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Consulting, Engineering and Inspection (CEI) and Related Services for:
US 41/CR 951 Intersection Improvements & 3R Improvements to SR 951
1A) Financial Project ID(s):428147-1-58-01 & 425209-1-58-01
County Project No. 60116
1.0 PURPOSE:
This scope of services describes and defines the Construction Engineering and
Inspection (CEI) services which are required for constructability review, value
engineering, contract administration, inspection, and materials sampling and
testing for the construction projects listed below.
2.0 SCOPE:
These projects are being done as a Joint Participation Agreement (JPA) with the
Florida Department of Transportation (FDOT). Provide services as defined in this
Scope of Services, the referenced Florida Department of Transportation (FDOT)
manuals, and procedures.
The projects for which the services are required are:
Financial Project ID:
County Project No: 60116/FPID 428147-1-58-01- (US41 & SR/CR951 At-
Grade Intersection Improvements
County Project No: 60116/FPID 425209-1-58- 01- SR951 3R
Improvements
Descriptions: FDIP 428147-1-58-01 — Intersection Improvements (Phase
1)
Design will be based on the preferred interim at-grade
improvements. The project limits along US 41 is from
1,000 feet west, to 800 feet east of the intersection. There
is a 3,040 foot long transition section that extends
eastwards along US41. The project limits along SR/CR
951 is from 1,900 feet south to 2,000 feet north of US 41.
For related documents see FHWA Approved PD&E design
reevaluation report and 60% design plans.
FPI P 425209-1-58-01 —SR951 — RRR Project (Phase 1A)
Project limits are from Milepost 6.332 to Milepost 9.551 —a
distance of 3.219 miles.
This resurfacing project includes conversion of the existing
span wire signal system to mast arms at two (2)
intersections — at mile post 8.491 and mile post 8.615. In
addition striped and signed bike lanes throughout the
project. Bus stops enhancements at Manatee Road (NB &
SB), with bus bays.
County: Collier
Exercise independent professional judgment in performing obligations and
responsibilities under this Agreement. Pursuant to Section 4.1.4 of the
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Construction Project Administration Manual (CPAM), the authority of the
Consultant's lead person, such as the Senior Project Engineer, and the
Consultant's Project Administrator shall be identical to the Collier County
Construction Management Department and shall be interpreted as such.
Services provided by the Consultant shall comply with FDOT manuals,
procedures, and memorandums in effect as of the date of execution of the
Agreement unless otherwise directed in writing by the County. Such FDOT
manuals, procedures, and memorandums are found at the State Construction
Office's website.
On a single Construction Contract, it is a conflict of interest for a professional firm
to receive compensation from both the County and the Contractor either directly
or indirectly.
Other projects developing within the geographical area of Collier County may be
added at the County's discretion. The Consultant must perform to the
satisfaction of the County's representatives for consideration of additional CEI
services.
3.0 LENGTH OF SERVICE:
CEI contract will be administered in two phases. Phase 1 will be Constructability
Review and Value Engineering Services. Phase 2 will begin 1 month prior to the
construction contract NTP and will end 1 months after construction completion.
The services for each Construction Contract shall begin upon written notification
to proceed by the County.
The County Construction Project Manager shall track the execution of the
Construction Contract such that the Consultant is given timely authorization to
begin work. While no personnel shall be assigned until written notification by the
County has been issued, the Consultant shall be ready to assign personnel
within two (2) weeks of notification. For the duration of the project, coordinate
closely with the County and Contractor to minimize rescheduling of Consultant
activities due to construction delays or changes in scheduling of Contractor
activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty
(30) calendar days to perform preliminary administrative services prior to the
issuance of the Contractor's notice to proceed on the first project and thirty (30)
calendar days to demobilize after final acceptance of the last Construction
Contract.
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The anticipated letting schedules and construction times for the projects are
tabulated below:
CEI Contract Estimate
Financial Letting Date Start Date Duration
Project ID (Mo/Day/Yr) (Mo/Day/Yr) (Days)
428147-1-58-01 TBD TBD 608 (Phase 2)
425209-1-58-01 TBD TBD Runs
Concurrently
4.0 DEFINITIONS:
A. Agreement: The Professional Services Agreement between the County
and the Consultant setting forth the obligations of the parties thereto,
including but not limited to the performance of the work, furnishing of
services, and the basis of payment.
B. Contractor: The individual, firm, or company contracting with the County
for performance of work or furnishing of materials.
C. Construction Contract: The written agreement between the County and
the Contractor setting forth the obligations of the parties thereto, including
but not limited to the performance of the work, furnishing of labor and
materials, and the basis of payment.
D. Construction Project Manager: The County employee assigned to
manage the Construction Engineering and Inspection Contract and
represent the County during the performance of the services covered
under this Agreement.
E. Construction Training/Qualification Program (CTQP): The Department
program for training and qualifying technicians in Aggregates, Asphalt,
Concrete, Earthwork, and Final Estimates Administration. Program
information is available at CTQP website.
F. Consultant: The Consulting firm under contract to the County for
administration of Construction Engineering and Inspection services.
G. Consultant Project Administrator: The employee assigned by the
Consultant to be in charge of providing Construction Contract
administration services for one or more Construction Projects.
H. Consultant Senior Project Engineer: The Engineer assigned by the
Consultant to be in charge of providing Construction Contract
administration for one or more Construction Projects. This person may
supervise other Consultant employees and act as the lead Engineer for
the Consultant.
I. County Construction Manager: The administrative head of the
Construction Management Department
J. Director of Transportation Operations: The Director of Construction,
Adlik
Maintenance, Traffic Operations, Materials, and Safety.
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K. Division Administrator: The Administrative Head of the County's Growth
Management Division.
L. Engineer of Record: The Engineer noted on the Construction plans as the
responsible person for the design and preparation of the plans.
M. FDOT Operations Engineer: The Engineer assigned to a particular
County or area to administer Construction and Maintenance Contracts for
the FDOT.
N. Public Information Officer: The County employee assigned to manage the
Public Information Program.
O. Resident Compliance Specialist: The employee assigned by the
Consultant to oversee project specific compliance functions.
P. Resident Engineer: The Engineer assigned to a particular County or area
to administer Construction Contracts for the Department.
Q. Owner: The Board of County Commissioners for Collier County. Florida.
A political subdivision of the State of Florida.
R. County: Collier County, a political subdivision of the State of Florida.
5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO THE CONSULTANT:
A. The County, on an as needed basis, will furnish the following
Construction Contract documents for each project. These documents
may be provided in either paper or electronic format.
1. Construction Plans, 5 hard copy sets in size 11" x 17"
2. Specification Package, 5 hard copy sets in size 81/2" x 11"
3. Copy of the Executed Construction Contract, 1 hard copy and
4. Utility Agency's Approved Material List (if applicable).
5. Executed Utility Work Schedules
B. A list of all standard forms for use under the terms of this Agreement will
be provided in hard copy at the Pre-Services meeting. All directives,
procedures, and Standard Forms can be accessed through the County's
Internet website.
6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 FDOT Documents:
All applicable FDOT documents referenced herein shall be a condition of
this Agreement. All FDOT documents, directives, procedures, and
standard forms are available through the FDOT's Internet website. Most
items can be purchased through the following address. All others can be
acquired through the District Office or on-line at the Department's
website.
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Florida Department of Transportation
Maps and Publication Sales
605 Suwannee Street, MS 12
Tallahassee, Florida 32399-0450 Amok
Telephone No. (850) 488-9220
http://www.dot.state.fl.us/construction/
6.2 Office Automation:
Provide all software and hardware necessary to efficiently and effectively carry
out the responsibilities under this Agreement.
Provide each inspection staff with a laptop computer running software needed for
project scheduling, documentation, and control (such as, SiteManager application
through Citrix, Primavera/Sidetrack, Claim Digger, etc.) connection using a mobile
broadband connection at the jobsite. All computer coding shall be input by Consultant
personnel using equipment furnished by them.
Ownership and possession of computer equipment and related software, which is
provided by the Consultant, shall remain at all times with the Consultant. The
Consultant shall retain responsibility for risk of loss or damage to said equipment
during performance of this Agreement. Field office equipment should be
maintained and operational at all times.
Current technical specifications for office automation can be viewed at:
http://www.dot.state.fl.us/Construction/DesiqnBuild/ConsultantCEl/OfficeA
utomation.shtm
6.3 Field Office:
The COUNTY will require a satellite office for this project. The CONSULTANT shall be itook
reimbursed for allowed expenses associated with this satellite office. The office must
have at a minimum the following essential items to support the project:
Office space within a desired radius to the project for the duration of the project
Office telephone
Copier rental/lease
Consultant shall list this fixed monthly cost as a line item on invoices submitted to
the COUNTY for payment.
6.4 Vehicles:
Vehicles will be equipped with appropriate safety equipment and must be
able to effectively carry out requirements of this Agreement. Vehicles
shall have the name and phone number of the consulting firm visibly
displayed on both sides of the vehicle.
6.5 Field Equipment:
Supply survey, inspection, and testing equipment essential to perform
services under this Agreement; such equipment includes non-
consumable and non-expendable items.
Hard hats shall have the name of the consulting firm visibly displayed.
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Equipment described herein and expendable materials under this
Agreement will remain the property of the Consultant and shall be
removed at completion of the work.
Handling of nuclear density gauges shall be in compliance with their
license.
Retain responsibility for risk of loss or damage to said equipment during
performance of this Agreement. Field office equipment shall be
maintained and in operational condition at all times.
6.6 Licensing for Equipment Operations:
Obtain proper licenses for equipment and personnel operating equipment
when licenses are required. The license and supporting documents shall
be available for verification by the County, upon request.
Radioactive Materials License for use of Surface Moisture Density
Gauges shall be obtained through the State of Florida Department of
Health.
7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT:
For the duration of the Agreement, keep the County's Construction Project
Manager in Responsible Charge informed of all significant activities, decisions,
correspondence, reports, and other communications related to its responsibilities
under this Agreement.
Facilitate communications between all parties (i.e. architectural, mechanical,
materials, landscaping, local agencies, etc.) ensuring responses and resolutions
are provided in a timely manner. Maintain accurate records to document the
• communication process.
Submit all administrative items relating to Invoice Approval, Personnel Approval,
User IDs, Time Extensions, and Supplemental Amendments to the Construction
Project Manager for review and approval.
8.0 PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement and all Supplemental Amendments thereof,
the County will review various phases of Consultant operations, such as
construction inspection, materials sampling and testing, and administrative
activities, to determine compliance with this Agreement. Cooperate and assist
County representatives in conducting the reviews. If deficiencies are indicated,
remedial action shall be implemented immediately. County recommendations
and Consultant responses/actions are to be properly documented by the
Consultant. No additional compensation shall be allowed for remedial action
taken by the Consultant to correct deficiencies. Remedial actions and required
response times may include but are not necessarily limited to the following:
A. Further subdivide assigned inspection responsibilities, reassign
inspection personnel, or assign additional inspection personnel, within
one week of notification.
B. Immediately replace personnel whose performance has been determined
by the Consultant and/or the County to be inadequate.
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C. Immediately increase the frequency of monitoring and inspection activities
in phases of work that are the Consultant's responsibility.
D. Increase the scope and frequency of training of the Consultant personnel.
9.0 REQUIREMENTS OF THE CONSULTANT:
9.1 General:
It shall be the responsibility of the Consultant to administer, monitor, and
inspect the Construction Contract such that the project is constructed in
reasonable conformity with the plans, specifications, and special
provisions for the Construction Contract.
Observe the Contractor's work to determine the progress and quality of
work. Identify discrepancies, report significant discrepancies to the
County, and direct the Contractor to correct such observed discrepancies.
Consult with the Construction Project Manager as necessary and direct
all issues, which exceed delegated authority to the Construction Project
Manager for action or direction.
Inform the Construction Project Manager of any significant omissions,
substitutions, defects, and deficiencies noted in the work of the Contractor
and the corrective action that has been directed to be performed by the
Contractor.
9.2 Survey Control:
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Check or establish the survey control baseline(s) along with sufficient
baseline control points and bench marks at appropriate intervals along
the project in order to: (1) make and record measurements necessary to
calculate and document quantities for pay items, (2) make and record
pre-construction and final cross section surveys of the project site in
those areas where earthwork (i.e., embankment, excavation, subsoil
excavation, etc.) is part of the construction project, and (3) perform
incidental engineering surveys.
9.3 On-site Inspection:
Monitor the Contractor's on-site construction activities and inspect
materials entering into the work in accordance with the plans,
specifications, and special provisions for the Construction Contract to
determine that the projects are constructed in reasonable conformity with
such documents. Maintain detailed accurate records of the Contractor's
daily operations and of significant events that affect the work. The
Consultant will monitor off-site activities and fabrication unless otherwise
stipulated by this Agreement.
offeiA
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Monitor and inspect Contractor's Work Zone Traffic Control Plan and
review modifications to the Work Zone Traffic Control Plan, including
Alternate Work Zone Traffic Control Plan, in accordance with the FDOT's
procedures. Consultant employees performing such services shall be
qualified in accordance with the FDOT's guidelines of Traffic Training
(Topic No. 625-010-010-a)
9.4 Sampling and Testing:
Perform sampling and testing in conjunction with an independent,
licensed laboratory, whose selection has been approved in writing by the
Construction Project Manager, hired by the Consultant, sampling and
testing of component materials and completed work items so that the
materials and workmanship incorporated in the project are in reasonable
conformity with the plans, specifications and contract provisions. The
minimum sampling frequencies set out in the FDOT's Materials Sampling,
Testing and Reporting Guide shall be met. In complying with the
aforementioned guide, provide daily surveillance of the Contractor's
Quality Control activities and perform the sampling and testing of
materials and completed work items for verification and acceptance.
The Consultant will perform inspection and sampling of materials and
components at locations remote from the project site and perform testing
of materials normally done in a laboratory remote from the project site.
Determine the acceptability of all materials and completed work items on
the basis of either test results or verification of a certification, certified mill
analysis, DOT label, DOT stamp, etc.
The County will monitor the effectiveness of the Consultant's testing
procedures through observation and independent assurance testing.
Sampling, testing and laboratory methods shall be as required by the
FDOT's Standard Specifications, Supplemental Specifications or as
modified by the Special Provisions of the Construction Contract.
Documentation reports on sampling and testing performed by the
Consultant shall be submitted during the same week that the construction
work is done.
Transport laboratory samples to the appropriate laboratory. The
Consultant shall provide daily surveillance of the Contractor's Quality
Control activities at the project site in regard to concrete and perform
acceptance sampling at the specified frequency.
Supply CTQP (Construction Training Qualification Program) qualified
technicians for concrete inspection.
Supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt
inspection.
Supply CTQP qualified Earthwork Construction Inspection Technicians for
embankment, pipe backfill, subgrade, base and asphalt inspection.
9.5 Engineering Services:
Before the start of Construction the design will be subjected to a
Constructability Nalue Engineering review before the 90% design
submittal. The ConstructabilityNalue Engineering review will be
conducted by a multi-disciplined independent team assembled by the CEI
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consultant and should include the County staff not directly involved in the
design, Design Consultant (for consultation only) and the CEI Firm's
personnel who are qualified and experienced in Value Engineering. The
purpose is to improve the value and constructability of the project. Aimak
The Consultant shall use his experience and knowledge to perform a
complete review of the project including the following items: design,
environmental issues, permitting, and maintenance of traffic, access
management, right of way, utility coordination and construction methods
and procedures. The review will include field visits, notation of special
environmental or job site conditions and a thorough review of the plans,
specifications, contract documents and bid items. The Consultant will
notify the Engineer of Record and the County's Design Project Manager
of his findings and work with them to resolve the issues.
The ConstructabilityNE Review shall be the first task of work completed.
The review and reports shall be completed and transmitted to the
County's Design Project Manager within ninety (90) days of the date the
County issues the Notice-to Proceed to the Consultant.
During the ConstructabilityNE Review, the Consultant shall be sure to
address the following items:
a. Make sure the description of work is clear and concise.
b. Review the list of pay items to verify that all items of work are
appropriately covered.
c. Review the summary of quantities to verify given quantities are oak
accurate.
d. Evaluate and comment on whether or not the construction
sequence phasing and maintenance of traffic have been correctly
addressed and handled.
e. Develop a time determination schedule that will allow the contract
an adequate amount of time to reasonably construct the contract.
f. Review the contract documents to verify that the actual field
conditions have been investigated and clearly represented in the
documents.
g. Review such items as Utilities, Right of Way, Drainage,
Maintenance of Traffic, Construction Sequences and Phasing
permit Conditions, Quantities and Equipment requirements. Note
any items that may cause problems with the project.
h. Consider and comment on the field inspection standards,
geotechnical investigation requirements, environmental
compliance requirements and maintenance of traffic concepts.
i. Determine the feasibility of construction equipment ingress,
egress and placement at the jobsite including right of way and/or
construction easement requirements, soil conditions to support Amok
heavy equipment.
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j. Determine if there are any value improvements that can be made
to the project.
k. Conduct a post analysis meeting with the design engineer and
County staff to review findings.
During Construction the Consultant shall coordinate the Construction
Contract administration activities of all parties other than the Contractor
involved in completing the construction project.
Services shall include maintaining the required level of surveillance of
Contractor activities, interpreting plans, specifications, and special
provisions for the Construction Contract. Maintain complete, accurate
records of all activities and events relating to the project and properly
document all project changes. The following services shall be performed:
(1) Attend a pre-service meeting for the Agreement within ten (10)
business days after the Notice-to-Proceed in accordance with
Procedure 700-000-000-a. Provide appropriate staff to attend
and participate in the pre-service meeting. At the pre-service
meeting the CONSULTANT shall submit Action Request
packages for Personnel Approval for immediate staff needs
and a copy/ computer file of the final negotiated staffing. The
CONSULTANT shall record a complete and concise record of
the proceedings of the meeting and distribute copies of these
minutes to the participants and other interested parties within
seven (7) days of the meeting date.
(2) Prepare and submit to the Construction Project Manager for
county approval, within thirty (30) days after the pre-service
meeting, a hard copy of the project specific CONSULTANT
Contract administration documents listed below. The
CONSULTANT Contract administration documents, which
shall be routinely used by the CONSULTANT throughout the
project, shall be in the format and content provided by Collier
County Construction Management Department.
The CONSULTANT Contract administration documents consist of
but are not limited to the documents listed below:
a. Action Request Form
b. Contract Status Report, or other approved fund tracking report
c. CEI CONSULTANT Firm Estimated Staffing (completed in
accordance with the original CONSULTANT Contract agreement)
d. CEl CONSULTANT Fee Proposal
e. CEI CONSULTANT Data
(3) Schedule and conduct a Pre-construction conference in
accordance with Article 8-3.5 of the FDOT Standard
Specification for Road and Bridge Construction. The purpose
of these meetings is to discuss the required documentation,
including as-builts, necessary for permit(s) compliance.
Record significant information revealed and decisions made at
this conference and distribute copies of these minutes to the
appropriate parties. The meeting shall also be electronically
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recorded and the CONSULTANT shall maintain all tapes of the
meeting for the duration of the Contract.
(4) Verify that the Contractor is conducting inspections, preparing
reports and monitoring all storm water pollution prevention
measures associated with the project. For each project that
requires the use of the NPDES General Permit, provide at
least one inspector who has successfully completed the
"Florida Stormwater, Erosion, and Sedimentation Control
Training and Certification Program for Inspectors and.
Contractors". The Consultant's inspector will be familiar with
the requirements set forth in the FEDERAL REGISTER, Vol.
57, No. 187, Friday, September 5, 1992, pages 4412 to 4435
"Final NPDES General Permits for Storm Water Discharges
from Construction Sites" and the Department's guidelines.
(5) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised
baseline(s), updates, as-built, etc.) for compliance with the
contract documents. Elements including, but not limited to,
completeness, logic, durations, activity, flow, milestone dates,
concurrency, resource allotment, and delays will be reviewed.
Verify the schedule conforms with the construction phasing
and MOT sequences, including all contract modifications.
Provide a written review of the schedule identifying significant
omissions, improbable or unreasonable activity durations,
errors in logic, and any other concerns as detailed in CPAM.
(6) Analyze problems that arise on a project and proposals
submitted by the Contractor; work to resolve such issues, and
process the necessary paperwork.
(7) Monitor, inspect and document utility construction for
conformance with Utility Agency's Standards and the Utility
Agency's Approved Materials List. Facilitate coordination and
communication between Utility Agency's representatives,
Department's staff and Contractors executing the work.
Identify potential utility conflicts and assist in the resolution of
utility issues including Department and Local Government
owned facilities.
Identify, review, and track progress of Joint Project Agreements,
and/or other Department and utility agreements. Address work
progress, track reimbursement activities, and address betterment
and salvage determination. Prepare all necessary documentation
to support reimbursement activities and betterment and salvage
determination.
(8) Produce reports, verify quantity calculations and field measure
for payment purposes as needed to prevent delays in
Contractor operations and to facilitate prompt processing of
such information in order for the Department to make timely
payment to the Contractor.
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(9) Prepare and make presentations for meetings and hearings
before the Dispute Review Boards in connection with the
project covered by this Agreement.
(10) Monitor each Contractor and Subcontractor's compliance
with specifications and special provisions of the Construction
Contract in regard to payment of predetermined wage rates in
accordance with FDOT procedures.
(11) The County will provide Public Information Services.
To include maintaining a website linked to the County's website
and provide current and accurate information. All web
applications must meet the standards established in Section 508
of the Rehabilitation Act. The website must be capable of
receiving e-mail inquiries regarding the project. The website may
be continued for the duration of this contract.
(12) Video tape the pre-construction conditions throughout the
project limits. Provide a digital photo log or video of project
activities, with heavy emphasis on potential claim items/issues
and on areas of real/potential public controversy.
(13) Provide a digital camera for photographic documentation
of pre-construction state and of noteworthy incidents or events
during construction.
These photographs will be filed and maintained on the
Consultant's computer using a Digital Photo Management system.
Photographs shall be taken the day prior to the start of
construction and continue as needed throughout the project.
Photographs shall be taken the days of Conditional, Partial and
Final Acceptance.
10.0 PERSONNEL:
10.1 General Requirements:
Provide qualified personnel necessary to efficiently and effectively carry
out its responsibilities under this Agreement. Acceptable staffing of
personnel to be assigned to this project is outlined in Exhibit "A-A."
10.2 Personnel Qualifications:
Provide competent personnel qualified by experience and education.
Submit in writing to the Construction Project Manager the names of
personnel proposed for assignment to the project, including a detailed
resume for each containing at a minimum: salary, education, and
experience. The Consultant Action Request form for personnel approval
shall be submitted to the Construction Project Manager at least two (2)
weeks prior to the date an individual is to report to work.
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Personnel identified in the Consultant technical proposal are to be
assigned as proposed and are committed to performing services under
this Agreement. Personnel changes will require written approval from the
Construction Project Manager. Staff that has been removed shall be orek
replaced by the Consultant within one (1) week of Construction Project
Manager Notification.
Before the project begins, all project staff shall have a working knowledge
of the current CPAM and must possess all the necessary
qualifications/certifications for fulfilling the duties of the position they hold.
Cross training of the Consultant's project staff is highly recommended to
achieve a knowledgeable and versatile project inspection team but shall
not be at any additional cost to the County and should occur as workload
permits. Visit the training page on the State Construction Office website
for training dates.
Minimum qualifications for the Consultant personnel are set forth as
follows. Exceptions to these minimum qualifications will be considered on
an individual basis. However, a Project Administrator working under the
supervision and direction of a Senior Project Engineer or an Inspector
working under the supervision and direction of a Senior Inspector shall
have six months from the date of hire to obtain the necessary
qualifications/certifications provided all other requirements for such
positions are met and the Consultant submits a training plan detailing
when such qualifications/certifications and other training relative to the
FDOT's procedures, Specifications and Design Standards will be
obtained. The County Construction Manager or designee will have the
final approval authority on such exceptions.
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10.3 Staffing:
Once authorized, the Consultant shall establish and maintain appropriate
staffing throughout the duration of construction and completion of the final
estimate. Responsible personnel, thoroughly familiar with all aspects of
construction and final measurements of the various pay items, shall be
available to resolve disputed final pay quantities until the County has
received a regular acceptance letter.
Construction engineering and inspection forces will be required of the
Consultant while the Contractor is working. If Contractor operations are
substantially reduced or suspended, the Consultant will reduce its staff
appropriately.
In the event that the suspension of Contractor operations requires the
removal of Consultant forces from the project, the Consultant will be
allowed ten (10) days maximum to demobilize, relocate, or terminate such
forces.
11.0 QUALITY ASSURANCE (QA) PROGRAM:
11.1 Quality Assurance Plan:
Within thirty (30) days after receiving award of an Agreement, furnish a
QA Plan to the Construction Project Manager. The QA Plan shall detail Ask
the procedures, evaluation criteria, and instructions of the Consultant's
organization for p rovidin g services
pursuant to this Agreement. Unless
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specifically waived, no payment shall be made until the County approves
the Consultant QA Plan.
Significant changes to the work requirements may require the Consultant
to revise the QA Plan. It shall be the responsibility of the Consultant to
keep the plan current with the work requirements. The Plan shall include,
but not be limited to, the following areas:
A. Organization:
A description is required of the Consultant QA Organization and
its functional relationship to the part of the organization performing
the work under the Agreement. The authority, responsibilities and
autonomy of the QA organization shall be detailed as well as the
names and qualifications of personnel in the quality control
organization.
B. Quality Assurance Reviews:
Detail the methods used to monitor and achieve organization
compliance with Agreement requirements for services and
products.
C. Quality Assurance Records:
Outline the types of records which will be generated and
maintained during the execution of the QA program.
D. Control of Subconsultants and Vendors:
Detail the methods used to control subconsultant and vendor
quality.
E. Quality Assurance Certification:
An officer of the Consultant firm shall certify that the inspection
and documentation was done in accordance with FDOT
specifications, plans, standard indexes, and Department
procedures.
11.2 Quality Assurance Reviews:
Conduct semi-annual Quality Assurance Reviews to ensure compliance
with the requirements of the Agreement. Quality Assurance Reviews shall
be conducted to evaluate the adequacy of materials, processes,
documentation, procedures, training, guidance, and staffing included in
the execution of this Agreement. Quality Assurance Reviews shall also be
developed and performed to achieve compliance with specific QA
provisions contained in this Agreement. The semi-annual reviews shall be
submitted to the Construction Project Manager in written form no later
than one (1) month after the review.
On short duration CCEI projects (nine (9) months or less), the CCEI shall
perform an initial QA review within the first two (2) months of the start of
construction.
On asphalt projects, the CCEI shall perform an initial QA review on its
asphalt inspection staff after the Contractor has completed ten (10)full
work days of mainline asphalt paving operations, or 25% of the asphalt
pay item amount (whichever is less) to validate that all sampling, testing,
inspection, and documentation are occurring as required of the CCEI
staff.
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11.3 Quality Records:
Maintain adequate records of the quality assurance actions performed by
the organization (including subcontractors and vendors) in providing
services and products under this Agreement. All records shall indicate the
nature and number of observations made, the number and type of
deficiencies found, and the corrective actions taken. All records shall be
available to the Department, upon request, during the Agreement term.
All records shall be kept at the primary job site and shall be subject to
audit review.
12.0 CERTIFICATION OF FINAL ESTIMATES:
12.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement,
Statewide Quality Control (QC) Plan, or Consultant's approved QC Plan
and the FDOT's Procedures as required by Section 4.1.4 of Review and
Administration Manual.
Submit the Final Estimate(s) and one (1) set of final "as-built plans"
documenting the Contractor's work in accordance with the Review and
Administration Manual.
Revisions to the Certified Final Estimate will be made at no additional
cost to the Department.
12.2 Certification:
Consultant personnel preparing the Certified Final Estimate Package
shall be CTQP Final Estimates Level II. Amok
Duly authorized representative of the Consultant firm will provide a
notarized certification on a form pursuant to FDOT's procedures.
Prepare the Offer of Final Payment package as outlined in Chapter 14 of the Review and
Administration Manual. The package shall accompany the Certified Final Estimates
Package submitted to the Construction Project Manager for review. The Consultant
shall be responsible for forwarding the Offer of Final Payment Package to the
Contractor.
13.0 AGREEMENT MANAGEMENT:
13.1 General:
• With each monthly invoice submittal, the Consultant will provide a
Status Report for the Agreement. This report will provide the an
accounting of the additional Agreement calendar days allowed to date,
an estimate of the additional calendar days anticipated to be added to
the original schedule time, an estimate of the Agreement completion
date, and an estimate of the Consultant funds expiration date per the
Agreement schedule for the prime Consultant and for each
subconsultant. The Consultant will provide a printout from the Equal
Opportunity Reporting System showing the previous month's payments
made to subconsultants. Invoices not including this required
information may be rejected.
• When the Consultant identifies a condition that will require an
amendment to the Agreement, the Consultant will communicate this
need to the Construction Project Manager for acceptance. Upon
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acceptance, prepare and submit an Amendment Request (AR), and all
accompanying documentation to the Construction Project Manager for
approval and further processing. The AR is to be submitted at such
time to allow the County 12 weeks to process, approve, and execute
the AR. The content and format of the AR and accompanying
documentation shall be in accordance with the instructions and format
to be provided by the County.
• The Consultant is responsible for performing follow-up activities to
determine the status of each Amendment Request submitted to the
County.
13.2 Invoicing Instructions:
Monthly invoices shall be submitted to Collier County in a format approved by
Collier County, no later than the 20th day of the month following the month being
invoiced.
If the CONSULTANT cannot submit their monthly invoice on time, the
CONSULTANT shall notify Collier County, prior to the due date the reason for the
delay and the planned submittal date. Once submitted, the CONSULTANT shall
notify the Construction Project Manager via Email of the total delay in calendar
days and the reason(s)for the delay(s).
All invoices shall be submitted to Collier County in hard copy format.
14.0 OTHER SERVICES:
Upon written authorization by the Construction Project Manager, the Consultant
will perform additional services in connection with the project not otherwise
identified in this Agreement. The following items are not included as part of this
Agreement, but may be required by the County to supplement the Consultant
services under this Agreement.
A. Assist in the timely preparation of all claims and necessary rebuttals with
the organization of any and all supporting documentation as needed or
required by Collier County pursuant to the Collier County Dispute
Resolution Procedures.
B. Provide qualified engineering witnesses and exhibits for any litigation or
hearings in connection with the Contract.
C. Assist the County Attorney or his designee as may be required.
D. Provide on- and off-site inspection services in addition to those provided
for in this Agreement.
15.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Consultant for the project submits a claim for additional
compensation and/or time after the CONSULTANT has completed this
Agreement, the CONSULTANT shall, at the written request from Collier County,
analyze the claim, prepare a recommendation to the Construction Project
Manager covering validity and reasonableness of charges, and/or assist in
negotiations leading to settlement of the claim. Compensation will be separately
reimbursed by a Supplement to this Agreement.
16.0 CONTRADICTIONS:
In the event of a contradiction between the provisions of this Scope of Services
and the Consultant's proposal as made a part of this Agreement, the provisions
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of the Agreement shall apply.
17.0 COUNTY AUTHORITY
The County shall be the final authority in considering modifications to the
Construction Contract for time, money or any other consideration except matters
agreed to by the Contractor through contract changes negotiated by the
Consultant, as authorized in Section 9.1 herein.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project 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:
Kevin Dugan, Project Manager
Transportation Engineering and Construction Management Department
2885 South Horseshoe Drive
Naples, Florida 34104
(239) 252-5833, (239) 252-5771 fax
kevindugan @colliergov.net
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
TASK DESCRIPTION NOT TO EXCEED
AMOUNT:
1. Constructability Review and $ 53,006.25 Lump Sum
Value Engineering Services
2. Construction Engineering and $ 1,609,080.00 Time and Materials
Inspection Services Not to Exceed
3. Testing Services $ 15,000.00 Time and Materials
Not to Exceed
4. Survey Services $ 20,000.00 Time and Materials
Not to Exceed
5. Field Office Expenses $ 51,000.00 Time and Materials
TOTAL FEE (Total Items 1-5) $ 1,748,086.25
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in
the Attachment B to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved
by OWNER.
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B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services
to be provided. The negotiated fee shall be based upon the rates specified in Attachment B to
this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section
3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without
OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed under
the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies
and out-of-pocket expenses incurred in the performance of all such services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for Services
performed under this Agreement, CONSULTANT shall continue to perform the Services
required of it under this Agreement, as directed by OWNER, pending resolution of the dispute
provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not
dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services
and Additional Services during the subject billing month. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and
Reimbursable Expenses earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number of the
purchase order granting approval for such services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be
submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and
the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner
has determined CONSULTANT has completed such task as of that particular monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice
with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment B, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum
markup of 5% on the fees and expenses associated with such subconsultants and
subcontractors.
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B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the
CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such expenses, if
approved by OWNER, may include coach airfare, standard accommodations and meals, all in
accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S.,
and the Agreement, the terms of the Agreement shall prevail.
•
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SCHEDULE B - ATTACHMENT A
Amok
SCHEDULE OF FEES FOR BASIC SERVICES ;,.
Consulting, Engineering and Inspection (CEI) and Related Services for:
US 41/CR 951 Intersection Improvements & 3R Improvements to SR 951
Task 1. Constructability Review and Value Engineering Services: Lump Sum $ 53,006.25
Task 2. Construction Engineering & Inspection Services: Time and Materials
Not to exceed $1,609,080.00
• Complete record keeping of activities and events
• Document significant changes to the project
• Contract, plan, and specification interpretation
• Dispute resolution (contractor and the public)
• Surveillance of contractors activities
• Verify Contractor's monthly pay requests
• Monitor Contractor's maintenance of traffic
Task 3. Testing Services: Not to exceed $15,000.00
• Provide field sampling and material testing per contractor quality control verification
requirements.
• Provide quality control services per contractor quality control verification requirements.
Task 4. Survey Services (As Needed) : Not to exceed $20,000.00
• Bench mark verification
• Cross-section verification
• Spot check contractor lay-out as needed
• Reference and reset certified corner records as needed
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Task 5. Field Office Expenses: Time and materials: Not to exceed $51,000.00
• Rent
• Phone/Fax/ Internet Connection
• Electric
• Cleaning service
• Copier (Rental and Maintenance)
Total for Items 1 through 5 $1,748,086.25
•Due to the nature of a large construction project, while the total dollar amount might remain the
same, there may be some fluctuation in the task categories calculations.
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SCHEDULE B -ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Consulting, Engineering and Inspection (CEI) and Related Services for:
US 41/CR 951 Intersection Improvements & 3R Improvements to SR 951
Title Hourly Rate
Senior Project Engineer— P.E. $ 135.00 /hr
Project Administrator $ 125.00/hr
Contract Support Specialist (CSS) $ 87.00/hr
Assistant CSS $ 65.00/hr
Senior Roadway Inspector $90.00 /hr
Senior Inspector Utilities $ 90.00 /hr
Inspector $ 65.00 /hr
Asphalt Plant Inspector $ 65.00 /hr
Roadway Engineer $155.00 /hr
MOT Engineer $155.00 /hr
Drainage Engineer $155.00 /hr
Utility Senior Designer $150.00 /hr
Senior Scheduler $165.00 /hr
END OF SCHEDULE B.
Allow
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SCHEDULE C
PROJECT SCHEDULE
Consulting, Engineering and Inspection (CEI) and Related Services for:
US 41/CR 951 Intersection Improvements & 3R Improvements to SR 951
Task 1. Constructability Review and Value Engineering Services: 3 months from First
Notice to Proceed
Task 2. Construction Engineering & Inspection Services: 608 days from Second Notice to
Proceed
• Complete record keeping of activities and events
• Document significant changes to the project
• Contract, plan, and specification interpretation
• Dispute resolution (contractor and the public)
• Surveillance of contractors activities
• Verify Contractor's monthly pay requests
• Monitor Contractor's maintenance of traffic
Task 3. Testing Services: As Needed
• Provide field sampling and material testing per contractor quality control verification
requirements.
• Provide quality control services per contractor quality control verification requirements.
Task 4. Survey Services: As Needed
• Bench mark verification
• Cross-section verification
• Spot check contractor lay-out as needed
• Reference and reset certified corner records as needed
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SCHEDULE D
INSURANCE COVERAGE
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(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 a
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
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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)
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of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
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$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following: •
General Aggregate $300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
X General Aggregate $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
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in Alikk
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
$1,000,000 each claim and in the aggregate
X $2,000,000 each claim and in the aggregate
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$5,000,000 each claim and in the aggregate
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(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy
deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall
require the prior written approval of the Risk Management Director or his/her designee, at their
discretion.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) CONSULTANT shall purchase valuable papers and records coverage for plans,
specifications, drawings, reports, maps, books, blueprints, and other printed documents in an
amount sufficient to cover the cost of recreating or reconstructing valuable papers or records
utilized during the term of this Agreement.
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PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
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In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Atkins North America, Inc. hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the services of the CONSULTANT to be provided under
the Professional Services Agreement, concerning Consulting, Engineering and Inspection (CEI)
and Related Services for CEI and Related Services for US 41/CR 951 Intersection
Improvements & 3R Improvements to SR 951, are accurate, complete and current as of the
time of contracting.
Atkins North America, Inc.
BY:
TITLE:
DATE:
Admik
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Michael Ryan, P.E., PMP Senior Project Engineer 24%
Chris Libby Project Administration 100%
Kelly Adams Contract Support Specialist 100%
Rhonda Venuto Assistant CSS 90%
Felipe Baez Sr. Inspector (roadway) 90%
Tomasz Trebacz Sr. Inspector (roadway) 40%
Tony Acuti Sr. Inspector (utilities) 20%
Felix Baez Inspector 70%
Artie Autry Sr. Inspector (asphalt plant) 8%
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Florida Department of Transportation
RICK SCOTT 10041 Daniels Parkway ANANTH PRASAD,P.E.
GOVERNOR Fort Myers,Florida 33913 SECRETARY
January 31, 2012.
Marlene A. Messam, P.E.
Senior Project Manager
Collier County Transportation
2885 Horseshoe Drive South
Naples, Florida 34104
RE: FM# 425209-1-58-01 SR 951 (Collier Blvd) from S of Fiddlers Creek Parkway to South
of US 41/SR 90 resurfacing project and FM#428147-1-58-01 SR 951 (Collier Blvd) @ US 41
intersection modification
Dear Ms. Messam:
This letter serves as confirmation that the department agrees to enter into one joint project
agreement (JPA) with the county for both FM#'s 425209-1-58-01 and FM# 428147-1-58-01. By
utilizing one JPA it will allow financial flexibility between projects.
Total department construction/CEI funding for both projects is $10,956,464. Total combined
projects cost estimates are $1.8,961,483.
As you know, SR 951 @ US 41 is programmed as a County incentive grant program (CIGP)
with a required local match. Local match is approximately 28%or $8,005,019.
The department understands the county will be production ready in the department's fourth
quarter of 2013 (April-June). County will receive JPA for county review and execution in
February/March, 2013.
If I can be of further assistance, please give me a call at (239) 461-4300 or e-mail at
(karen.miracola @dot.state.fl.us).
Sincerely,
aren A. Miracola
,. District LFA/JPA Coordinator
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Cc: Norman Feder, Collier County Transportation Growth Management Administrator
Jay Ahmad, Collier County Transportation Engineering Director
Joe Lauk, FDOT Design Project Manager, MS 1
Rick J. Arico, Project Manager, MS 1-98
www.dot.state.fl.us
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