Agenda 12/11/2012 Item #10 F12/11/2012 Item 10. F.
Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle
District 1 District 2 District 3 District 4
MEMORANDUM
Date: November 26h 2012
To: County Manager Ochs
From: Commissioner _Henning, District _3
Re: Reconsideration
14B -3
Jim Coletta
District 5
Recommendation to award Agreement No. 12 -5896 for Design
Construction Documents, Civil Site Design (SDP Permitting), Permit and
Bid Services and Construction Administration and Related Services for the
First Street Zocalo for Immokalee to David Corban Architect, Inc.; Fiscal
Impact $113,450.
Please place on the December 11`x' BCC agenda
3299 Tamiami Trail East, Suite 303 • Naples, Florida 34112 - 5746.239- 252 -8097 • FAX 239 -252 -3602
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12/11/2012 Item 10.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.F.
Item Summary: Request for reconsideration by Commissioner Henning of Item 14B3 from
the November 13, 2012 BCC Meeting titled: Recommendation to award Agreement No. 12-
5896 for Design Construction Documents, Civil Site Design (SDP Permitting), Permit and Bid
Services and Construction Administration and Related Services for the First Street Zocalo for
Immokalee to David Corban Architect, Inc.; Fiscal Impact $113,450.
Meeting Date: 12/11/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
12/4/2012 9:21:25 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
12/4/2012 9:21:28 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 12/4/2012 12:14:45 PM
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11, 12/11/2012 Item 10. F.
EXECUTIVE SUMMARY
Recommendation to award Agreement No. 12 -5896 for Design Construction Documents,.
Civil Site Design (SDP Permitting), Permit and Bid Services and Construction
Administration and Related Services for the First Street Zocalo for Immokalee to David
Corban Architect, Inc.; Fiscal Impact $113,450.00.
OBJECTIVE: To award Agreement No. 12 -5896 for Design, Construction Documents, Civil
Site Design (SDP Permitting), Permit and Bid Services and Construction Administration and
Related Services for the First Street Zocalo for Immokalee to David Corban Architect, Inc.
CONSIDERATIONS: On June 28, 2012, the Collier County Community Redevelopment
Agency (CRA) — Immokalee, by RFP #12 -5896 requested proposals from Professional
Consulting Firms to provide design services for this project. One thousand, two hundred and
two notices of the RFP were sent out and 88 packages were downloaded. Three proposals were
received.. On August 12, 2012 a selection committee short- listed the three (3) Firms based on an
evaluation of their technical proposals. On September 11, 2012, the BCC approved the short list
and authorized negotiations to commence with the top ranked firm David Corban Architects, Inc.
On October 4, 2012, the CRA — Immokalee, the Collier County Purchasing Department and
David Corban Architects, Inc. negotiated a sum, subject to the Board's approval, of an amount
not to exceed $113,450.00 to provide these design services.
• FISCAL IMPACT: Funding is available from Collier County Community Development Block
Grant (13- 10- UC -12- 0016); Sub - Recipient Project #CD10 -13. The original award of $810,000
funds the Immokalee CRA Public .Facility First Street Plaza. Budget is available within
Immokalee CRA Grant Fund (715) Project 33192.
GROWTH MANAGEMENT IMPACT: The development of the downtown public plaza
furthers the programs and projects within the budgetary and policy guidance and directives of the
CRA and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land
Use Element of the Growth Management Plan which reads as follows: "The Immokalee Area
Master Plan. addresses conservation, future land use, population, recreation, transportation,
housing, and the local economy. Major purposes of the piaster Plan are coordination of land uses
and transportation planning, redevelopment or renewal of blighted areas and the promotion of
economic development."
LEGAL. CONSIDERATIONS: This item has been reviewed by the County Attorney, is
legally sufficient, and requires majority vote for approval. -3AK
RECOMMENDATION: Recommendation That the Board of County Commissioners award
Agreement No. 12 -5896 for Design Construction Documents, Civil Site Design (SDP
Permitting), Permit and Bid Services and Construction. Administration and Related Services for
the First Street Zocalo for Immokalee to David Corban Architect, Inc.; Fiscal Impact.
$113,450.60.
PREPARED BY: Penny Phillippi, Executive Director, CRA- Immokalee
Attachments: (1) Agreement No. 12 -5896
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11) 12/11/2012 Item 10.F.
Contract #12 -5896
Design of First Street Zocalo for Immokalee
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of 20_, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and David
Corban Architect, PLLC, authorized" to do business in the. State. of Florida, whose business
address is 1042 Sixth Avenue North, Naples Florida 34102 '(hereinafter referred to as the
"CONSULTANT').
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional consulting services of the
CONSULTANT concerning Design of First Street Zocalo for Immokalee, (hereinafter referred
to as the "Project "), said services being more fully . described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Consulting services in all phases of
the Project to which this Agreement applies.
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111 12/11/2012 Item 10.F.
Contract #1 2-5896
• Design of First Street Zocalo for Immokalee
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of 20_, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida (hereinafter .referred to as the "COUNTY" or "OWNER ") and David
Corban Architect, PLLC, authorized' to do business in the State of. Florida, whose business
address is 1042 Sixth Avenue North, Naples. Florida 34102 (hereinafter referred to as the
"CONSULTANT ")
WIT NESSETH:
WHEREAS, the OWNER desires to obtain the professional consulting services of the
CONSULTANT concerning Design of First Street Zocalo for Immokalee, (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
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Consulting services in all phases of
the Project to which this Agreement applies.
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1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including the Florida Building Code where
applicable, which regulate or have jurisdiction over the Project or the services to be provided
and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S
approval of the design documents in noway relieves CONSULTANT of its obligation to deliver
complete and accurate documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and/or
40 federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all - inclusive, and the County
Z
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11 12/11/2012 Item 10.F.
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the }
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, fumish 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 speck established Survey Monumentation, such as Certified Section Comers
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK
(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e.. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
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11/ 12/11/2012 Item 105.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
ok the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed:, (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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
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11 12/11/2012 Item 10.F.
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation. of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4
Investigations and
studies involving
detailed consideration
of operations, maintenance
and
overhead expenses;
the preparation
of feasibility studies,
cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER' 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.
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.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 CONSULTANTS services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The am punt _of compensation. the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and. constraints,
space, capacity and performance requirements, flexibility and expandability,
.and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
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
I
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11, 12/11/2012 Item 10Y.
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
i
speck delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
-precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be. provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
A
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available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
ok.,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 Worts 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
f., "Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
A
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OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use. by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (8) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
8.2 The duty to defend under this Article 8 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the
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CONSULTANT, OWNER and any indemnified party. The duty to defend arises immediately
C-11 upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. CONSULTANT'S obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is detemnined by final
judgment that an action against the OWNER of an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
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 duty authorized to do business in the
State of Florida.
ok 9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self - insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self- insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County, or reference this contract
number.
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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.
9.4. 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
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
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subconsultant or subcontractor, to the extent of the Services to be performed by the
01111-' subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub- subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Ok Agreement.
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ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the .terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
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ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANTS failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANTS principals, officers or
directors, or (d). CONSULTANT'S .failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANTS failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, .without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
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11/ 12/11/2012 Item 101.
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that' are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
OW 12.6' In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
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11, 12/11/2012 Item 10.F.
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.
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.
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11/ 12/11/2012 Item 10.F.
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
4k Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Joanne Markiewicz, Purchasing /General Services Director
239 -252 -8407
Fax: 239- 732 -0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
David Corban Architect, PLLC
1042 Sixth Avenue North
Naples, Florida 34102
Attn: David Corban, President
(239) 207 -5528
(239) 349 -2321 Fax
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.
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11 12/11/2012 Item 10.F.
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 shalt not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such'Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
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11P 12/11/2012 Item 10.F.
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 & SUBCONTRACTORS
RFP #12 -5895- "Design of First Street Zocalo for Immokalee" Terms & Conditions
ARTICLE EIGHTEEN
APPLICABLE LAW
Ok 18.1. This Agreement shall be governed by the laws, rules, and regulations of the .State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
I
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11, 12/11 /2012 Item 10.F
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
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision- making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
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11/- 12/11/2012 Item 10.17.
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
M
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
21
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11 12/11/2012 Item 10.F.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement
for Design of First Street Zocalo for immokaiee the day and year first written above. �!411
ATTEST:
Dwight E. Brock, Clerk
By:
Date:
Approved as to form and
legal sufficiency:
(9)
Assistant County Attorney
Witness
Witness
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Fred W. Coyle, Chairman
David Corban Architect PLLC
By:
Typed Name and Title
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11/ 12/11/2012 Item 10.F.
SCHEDULE A
SCOPE OF WORK
The proposed Zocalo site is located at First Street and Main Street in the central business district —
downtown — of immokalee. The site is approximately 0,6 acres of cleared, vacant property. Community
residents will have access to the site by bicycle and walking. The project may include planning,
engineering, landscape architecture and artistic consulting to design, permit and oversee construction of
the following elements to ensure the community vision is fulfilled and the site is fully accessible and
functional as a welcoming plaza and gathering spot:
•
American with Disabilities (ADA) access throughout the Zocalo
•
Terraced amphitheater, stage or band shell, with decorative shelter
•
Walkways (pervious)
•
Rain garden & landscaping
•
Seating
•
Paths /specialty pavers /paving (pervious)
•
Artwork (i.e., art walls)
•
Arched Walls
•
Sculpture /Fountain
•
Utilities — electric, water and irrigation
•
. Trash receptacles
•
Bollards
•
Columns
•
Signage
•
Security fighting
•
Bike rack
•
Decorative stonettile
•
Landscaping
The work may consist of, but not be limited to, the following:
• Review Public Realm Plan
• Evaluate site characteristics and review applicable codes and standards related to development
of the Zocalo on the property
• Project management and scheduling
• Master Concept Plan alternatives (up to three) including specifications for site components and
materials, and order of magnitude cost estimates for construction for each alternative.
Selected Site Plan, detailed in color with renderings
• Artist concepts and design drawings
• Design development
• Collier County permitting
• Environmental resource permitting
• Services during bidding and construction
• Record drawings to be provided upon completion
Engineering services may include:
Civil
• Structural
• Mechanical
• Environmental
• Landscape architecture
• Construction engineering and inspection (CEI)
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11) 12/11/2012 Item 10.F.
TASK 1
PRE DESIGN - Deliverables
• Geotechnical Engineering
• (5) soil borings
• Engineering Report
• Conduct a public input meeting with citizens to be set up with assistance of CRA
staff
• Review findings of Public input meeting w/ CRA Staff and Advisory Board.
• Prepare and attain approval for detailed park program
TASK 2
PRELIMINARY DESIGN — Deliverables
• Preliminary site plan
• Preliminary design of vertical structures and artwork
• Prepare Presentation materials of proposed design, may include:
• Physical models
• Computer generated views
• Color site plan
• Presentation boards
• Presentation of design to CRA Staff and Advisory board
TASK 3
CONSTRUCTION DOCUMENTS = Deliverables
ARCHITECTURAL
• Architectural site plan
• Code compliance documentations (Collier County LDC, FBC 2010, FFPC 2010, ADA)
• Life Safety plans
• Floor plans
• Reflected ceiling plans
• Roof plans D Exterior Elevations
• Details of misc. park elements
• Building and Wall Sections
• Door, window and finish schedules
• Construction Details
• Specifications
7A
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11/ 12/11/2012 Item 10.F.
ARTIST - Deliverables
• Documentation of Central Fountain and Sculpture Design
• Documentation of artistic treatment of walls, columns, hardscape, etc.
• Structural Engineering of Art elements
STRUCTURAL ENGINEERING - Deliverables
• Structural notes, load calcs, wind design
• Foundation plans and details
• Framing plans and details
• Details and sections
• Beam, column, foundation schedules
ELECTRICAL ENGINEERING - Deliverables
• Site Lighting and power Plans
• Lighting and power Plans
• Riser Diagrams
• Lighting Schedule
• Panel Schedules
PLUMBING ENGINEERING - Deliverables
• Coordination with utilities engineering
• Coordination with irrigation design
• Site plumbing for fountain, hose bibs, drinking fountains, misc. water elements
LANDSCAPE ARCHITECTURE - Deliverables
• Preliminary Park Planning
• Planting and Hardscape Plan
• Irrigation Plan
• Coordination with Architect, Electrical, Mechanical and Civil Engineer
TASK 4
CIVIL SITE DESIGN, SDP PERMITTING - Deliverables
• Boundary Survey
• South Florida Water Management District Permitting (no notice permit)
o Attend, conduct meetings with SFWMD staff
• Collier County Site Development Plan
• Site utilities connection and access plan based on preliminary plans by Architect and LA
• Site drainage plan based on preliminary plans by Architect and LA
• Site details, schedules
• Attend, conduct meetings with design team, Collier County
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11 12/11/2012 Item 10. F.
• Coordination with Landscape, Irrigation and rain garden plan.
• Respond to the requested changes and information.
TASK 6
PERMIT and BID SERVICES - Deliverables
• Attend pre application meetings with Collier County Building and Fire Review staff.
• Attend meeting and walk site with Fire Marshal
• Submit permit documents and necessary supporting documents
• Respond to questions and make necessary changes to permit documents to get building permit
• Attend pre bid meeting
• Answer RFI's
• Assist Staff with review of bids
TASK 6
CONSTRUCTION ADMINISTRATION
• Attend Preconstruction meeting
• Review construction schedule
• Provide onsite A/E Construction Administration Services (weekly)
• Attend Owner Architect Contractor meetings (monthly)
• Review Contractor submittals and shop drawings
• Review Pay Applications
• Review and respond to RFI's
• Review proposed Change orders
• Review Closeout documents
• Prepare punch list and review
• Final, completion
REIMBURSABLE ITEMS
• Reprographics. Copies and prints
• Courier, shipping, postage
• Presentation materials
EXCLUDED SERVICES
• Threshold inspections and reports
• Environmental survey (done by CRA)
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11 / 12/11/2012 Item 10. F.
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be ,required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:
Penny Philiipi, Executive Director Immokalee CRA
1320 North 15th Street (S. R. 29),
Immokalee, Florida 34142
(239) 867 -4121
PennyPhillippi@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.
ITEM
PHASE
Time & Materials
NOT TO EXCEED
AMOUNT:
1.
Task I — Pre Design Services
$ 4,075.00
2.
Task II — Preliminary Design
$ 15,717.00
3.
Task III — Construction Documents
$38,418.00
4.
1 Task 1V — Civil Site Desi gn/SDP Permitting
$30,200.00
5.
Task V — Permit & Bid Services
$20,040.00
6.
Task VI — Construction Administration
Included in Task V cost
SUBTOTAL: Tasks I - VI
$108,450.00
7.
Not -to- Exceed Fee for Reimbursable
Expense for all Phases
$5,000
TOTAL
$113,450.00
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in.the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
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111 12/11/2012 Item 10. F.
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval,
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER. does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "lathes" as untimely
submitted, Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
28
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11 ) 12/11/2012 Item 10.17.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
' invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
5. 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.
6. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from /to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
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.
END OF SCHEDULE B.
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SCHEDULE B -- ATTACHMENT 1
Hourly Rates
Name and Title
Principal Architect
Architectural Designer
Bob Rude Structures Structural Engineering
Principal Engineer
Senior Engineer
Goetz + Stropes Landscape Architecture
Principal Landscape Architect
Landscape Designer
111 12/11/2012 Item 10.F.
Hourly Rate
$175.00 per hr.
$100.00 per hr.
$175.00 per hr.
$135.00 per hr.
$185.00 per hr.
$100.00 per hr.
TLC Mechanical Electrical and Plumbing Engineering
Senior Engineer $165.00 per hr.
Senior Engineer $165.00 per hr.
Johnson Engineering Civil Engineer
Civil Engineer $150:00 per hr.
Civil Engineer $150.00 per hr.
Artist $100.00 per hr.
in
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EXHIBIT C
PROJECT SCHEDULE
Project Tasks will commence upon issuance of Notice to Proceed (NTP)
TASK 1 Pre Design / Master Planning 45 days
TASK 2 Preliminary Design / Master Planning 45 days
TASK 3 Construction Documents
TASK 4 Civil Site Design and SDP 1
(overlaps with Tasks 1 -3)
TASK 5 Bidding and Permitting
(overlaps with Task 4)
TASK 6 Construction Administration
TOTAL
31
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45 days
50 days
60 days
150 days
350 days
11 12/11/2012 Item 10.F.
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self- insured retentions or deductibles under any of the below listed
minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and
amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self - insured retentions or deductibles will be CONSULTANT'S sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the OWNER or as specified in this
Agreement, whichever is longer. 04
(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
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under such
policy.
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(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self
4r-1 insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or
agreement by the OWNER that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in this
Section except to the extent such insurance requirements for the subconsultant are expressly waived in
writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required herein,
the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to
reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset
these costs from any amount due CONSULTANT under this Agreement or any other agreement between
OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor
shall it be responsible for the coverages purchased or the insurance company or companies used. The
decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a
waiver of any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall
furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three
(3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER
with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may
terminate the Agreement for cause.
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
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11 12/11/2012 Item 101.
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not
be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
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
(4) Maritime Coverage (Jones Act) shall be maintained.
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, and Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations Coverage.
Products and Completed Operations coverage shall be maintained for a period of not less than five (5)
years following the completion and acceptance. by the OWNER of the work under this Agreement. Limits
of Liability shall not be less than the following:
X General Aggregate $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. 'This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under
LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or
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11/ 12/11/2012 Item 10.F.
rented to you." Applicable deductibles or self - insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to
the approval of the Risk Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured and the
policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership,
maintenance or use of any owned, non -owned or hired vehicle with limits of not less than:
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(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.
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11 12/11/2012 Item 10. F.
CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such
insurance shall have limits of not less than:
X $1,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shalt be the sole responsibility of the CONSULTANT.
Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not less than
five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first performed by
CONSULTANT or OWNER, and the date will not be moved forward during the term of this.Agreement
and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for
an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than
the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by
certified mail, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -
renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the
event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such
policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements
issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers
and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other
printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable
papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased,
then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance
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11/ 12/11/2012 Item 10.F.
representative, to pursue the maximum credit available from the professional liability carrier for a
4"k- 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
1J
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
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, David Corban Architect, PLLC hereby certifies that wages, rates and other factual
unit costs supporting the compensation for the services of the CONSULTANT to be provided
under the Professional Services Agreement, concerning Design of the First Street Zocalo for
Immokalee are accurate, complete and current as of the time of contracting.
David Corban Architect, PLLC
BY:
TITLE:
DATE:
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
DAVID CORBAN ARCHITECT, PLLC
David Corban, Architect Principal Architect
Blaine Lind, Architect Architectural Designer
50%
75%
Renzos Raul Avila Renzos Designs (Artist) 50%
Bob Rude Principal Engineer 20%
Greg Rende Senior Engineer 50%
Brett Sands Senior Engineer 40%
Carmine Rende Senior Engineer 40%
Ellin Goetz Principal Landscape Architect 35%
William Bromley Landscape Designer 60%
Jared Brown Civil Engineer. 60%
James Lofton Civil Engineer 15%
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