Agenda 06/28/2011 Item #10B
6/28/2011 Item 10.8.
EXECUTIVE SUMMARY
Recommendation to award Agreement No. 11-5690 for Construction Engineering and Inspection
(CEI) and Related Services for SR84 (Davis Boulevard) Radio Road to Collier
Boulevard;SR84/SR951 Intersection Improvements; Collier Boulevard (SR/CR 951) north to
Magnolia Pond Drive: and CR951 (Collier Boulevard) north to the Main Golden Gate Canal" to
Atkins North America, Inc: Project No. 60073 & No. 60092, Fiscal Impact $2,964,487.50.
OBJECTIVE: To award a CEI contract for SR84 (Davis Boulevard) Radio Road to Collier
Boulevard:SR84/SR95I Intersection Improvements: Collier Boulevard (SR/CR 951) north to
Magnolia Pond Drive: and CR95] (Collier Boulevard) north to the Main Golden Gate Canal to
Atkins North America Inc.. in accordance with RFP # I] -5690.
CONSIDERATIONS: On April 8. 2011. the Collier County Transportation Engineering
Department by RFP #] 1-5690 requested proposals from professional Engineering Consulting
Firms pre-qualified by the Florida Department of Transportation (FDOT) to provide CE] for
roadway construction of this project. Eight hundred and sixt)-seven notices of the RFP were sent
out. A mandatory pre-proposal meeting was held on April 19.20] 1.
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Three (3) letters of interest were received. On May 9, 20] 1. a selection committee short-listed
the three (3) firms bascd on an evaluation of their technical proposal. The selection committee by
consensus ranked the three firms as follows:
I. Atkins North America. Inc.
2. Johnson Engineering
3. AIM Engineering
On May 24, 200]], the Board approved the short list and directed the Transportation
Engineering Department to negotiate a Time and Materials Agreement for CEI Services. The
Transportation Engineering Department and Atkins North America. Inc. settled on a sum not to
exceed $2,964,487.50.
FISCAL IMP ACT: Funds in the amount of $ I, I ] 2.405.67 will be funded from gas taxes and
impact fees in Project 60073. Funds in the amount of $ ] .524.974.67 will be funded from gas
taxes and impact fees in Project 60092. $ 163.553.58 will be funded from water user fees in
Project 70045. $ 163,553.58 will be funded from wastewa1er user fees in Project 73045. Source
of funds are gas taxes, impact fees, water user fees, and wastewater user fees.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office. is legally sufficient for Board action and only requjres a majority vote for
- approval-SRT.
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6/28/2011 Item 10.8.
RECOMMENDAT10N: That the Board of County Commissioners award Agreement No. 11-
5690 '"Construction Engineering and 1nspection (CEI) and Related Services for SR84 (Davis
Boulevard) Radio Road to Collier Boulevard: SR84/SR95] Intersection Improvements; Collier
Boulevard (SR/CR 95]) north to Magnolia Pond Drive; and CR95l (Collier Boulevard) north to
the Main Golden Gate Canal" to Atkins North America. Inc., for a sum of $2,964.487.50. and
authorize the Chainnan to sign the Agreement.
Prepared by Kevin H. Dugan, Project Manager. Transportation Engineering Department
Attachments: Agreement No. I] -5690
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6/28/2011 Item 10.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 1O.B.
Item Summary: Recommendation to award Agreement No. 11-5690 for Construction
Engineering and Inspection (CEI) and Related Services for SR84 (Davis Boulevard) Radio Road to
Collier Boulevard;SR84/SR951 Intersection Improvements; Collier Boulevard (SR/CR 951) north
to Magnolia Pond Drive; and CR951 (Collier Boulevard) north to the Main Golden Gate Canal" to
Atkins North America, Inc; Project No. 60073 & No. 60092, Fiscal impact $2,964,487.50.
Meeting Date: 6/28/2011
Prepared By
Name: LynchDiane
Title: Administrative Assistant
6/]4/201] 5:]] :49 PM
Submitted by
Title: Project Manager.Transportation Engineering & Const
Name: DuganKevin
6/14/20115:11:51 PM
Approved By
Name: PutaansuuGaJ")
Title: Project Manager. Principal.T ransportation Engineer
Date: 6/15/2011 6:55:55 AM
Name: RitterSteve
Title: Manager - Road Construction.Transportation Engineering & Construction Management
Date: 6/15/2011 7:45:] 7 AM
Name: TaylorLisa
Title: Management/Budget AnalYSI.Transportation Administr
Date: 6/15/20] 1 10:27:41 AM
Name: Betancul'Natali
Title: Executive Secretary.Transportation Engineering & Construction Management
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6/28/2011 Item 10.8.
Date: 6116/20] 18:53:3] AM
Name: AhmadJay
Title: Director - Transportation Engineering.Transportation Engineering & Construction Management
Date: 6/16/2011 I :08:46 PM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing & General Services
Date: 6116/20] 1 4:24:18 PM
Name: Carnell Steve
Title: Director - Purchasing/General Services. Purchasing
Date: 6/16/20114:36:20 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 6/]6/20114:42:26 PM
Name: TeachScott
Title: Deputy County Attorney.County Attorney
Date: 6/] 6/2011 4:58:05 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/17/2011 9:39:13 AM
Name: UsherSusan
Title: Management/Budget Analyst. Senior.Office of Manage
Date: 6/20/201] 2:07:00 PM
Name: OchsLeo
Title: County Manager
Date: 6/20/20] 1 9:44:04 PM
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6/28/2011 Item 10.8.
Contract #11-5690
CEI and Related Services for
"SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements;
Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North
to the Main Golden Gate Canal"
Projects #60073 & 60092
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_day of
, 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").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Construction, Engineering
and Inspection (CEI) and related services of the CONSULTANT concerning SR84 (Davis
Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd
(SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main
Golden Gate Canal (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
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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. CONSU L T ANT 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 bDards
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.
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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
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
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 CONSULT ANT 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, regulatiDns 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
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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.
1.8. CONSULTANT agrees not to divulge. furnish or make available to any third person, firm
or organization, without OWNER'S prior written cDnsent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
informatiDn 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
cDmmon 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.
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The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Administrative Procedures in effect at the time such services are
authorized. These services will be paid for by OWNER as indicated in Article Five and
Schedule B. Except in an emergency endangering life or property, any Additional Services must
be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written 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 tD, 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
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changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
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 professiDnal 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 CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(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,
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shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access tD and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault Dr 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
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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 compensatiDn
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, perfDrm 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 shDrtly 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.
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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 fDr 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 DDcuments to
complete the Project following CONSULTANT'S termination for any reason Dr 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
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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
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 perfDrmance 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 Df 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
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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).
9.3.5. All insurance policies shall be fully performable in Collier County, FIDrida,
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 hereDf 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 Df 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 tD 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 tD give any
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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.
1 0.3 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.
1 0.4 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
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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 previDusly made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12, 1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) tD 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 Df 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, Dr that OWNER otherwise was not entitled to the remedy against CONSULTANT
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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 tD that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (I) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
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Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (il) 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 Df 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 frDm the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed Dr 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 Dr firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift Dr any other consideratiDn 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
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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.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upDn 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 recDrd:
Board of County Commissioners
Collier County Florida
Purchasing Department, Building G
3327 Tamiami Trail East
Naples, FL 34112
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Attention: Steven Y. Carnell
Fax: 239-252-6584
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 recDrd:
Atkins North America, Inc.
1514 Broadway, Suite 203, Fort Myers, Florida 33901
Telephone: 239-334-7275
Fax: 239-334-7277
Attn: Michael R Ryan, PE, 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 mDdification of
the terms of this Agreement.
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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 tD 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 tD the matter set forth
herein, and any such prior agreements or understanding shall have nD 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, SUBCONSUL T ANTS AND
SUBCONTRACTORS
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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 actiDn 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 cDmpany
Dr 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,
propDsal, 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
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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 tD 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 Contractor Presentations
At the discretion of the County, the Contractor 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 properly advertised Public Meeting on a
schedule to be determined by the County Manager or his designee. Prior to the scheduled
presentation date, the Contractor 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 SR 84 from Radio Road to CR 951 to Main
Golden Gate Canal (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:
Assistant County Attorney
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
"Consulting, Engineering and Inspection (CEI) and Related Services for:
SR 84 from Radio Road to CR951 to Main Golden Gate Canal"
10
PURPOSEHH
"H ... H' ...... H.......... ...................... A2
20
SCOPE .........
HH.......... A2
3.0
DEFINITIONS.........
A2
4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO
CONSULTANT... ... ... ... ....
A3
50 ITEMS FURNISHED BYTHE CONSULTANT................................. A4
6.0
LIAISON .........
A6
7.0 COOPERATION AND PERFORMANCE OF THE
CONSULTANT.
A6
8.0 REQUIREMENTS.. HHH.... ............................................... A7
8.1 General...... H..................................................... A7
8.2 Survey Control.... ... ...... ...... ..... .......... ..... .......... A7
8.3 On-site Inspection. H ............ ...................................... A8
8.4 Testing ... .............. ............ ............. ......... A8
8.5 Management Engineering Services ..................................... A9
8.6 Contractor's CPM Schedule .................................. A14
8.7 Constructability Review...... ........................ A15
9.0 PERSONNEL ...................... .H..H....................... ....................... A16
9.1 General Requirements ...... H....H......H....... HH.............. A16
9.2 Personnel Qualifications ................................................. A16
9.3 Staffing .H.... .H.......... .......................................... ...... A16
9.4 Licensing for Equipment Operation ..... ............................ ....... A 17
10.0 SUBCONSULTANT SERVICES .......... ...... ....... ............ ......... ...... ......... A17
11.0 OTHER SERVICES ....................................................................... A] 7
]2.0 POST CONSTRUCTION CLAIMS REVIEW ........................................ A]7
]3.0 CONTRADICTIONS .......................................................................... A]8
]4.0 LENGTH OF SERVICE ........................................................................ A18
15.0 INVOICING ]NSTRUCTION .............................................................. AI8
EXHIBIT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS
FOR CONSULTANT PERSONNEL .......................................................... AA]
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SCOPE OF SERVICES
CONSTRUCTJON ENGINEERING AND INSPECTION
1.0 PURPOSE:
This scope of work describes and defines the services. which are required for construction
engineering. inspection, materiais sampling and testing. and contract administration for the
construction project listed below.
2.0 SCOPE:
The CONSTUL T ANT shall be responsible for construction engineering and administrative
functions as defined in this Scope of Services and referenced manuals and procedures. which are
nomlally handled by a Florida Department of Transportation (FOOT) Project Engineer. The
CONSULTANT shall utilize effective control procedures. which will assure that the construction
of the project listed beiow is perfonned in reasonable conformity with the plans. specifications.
and contract provisions for such projects.
The project for which the services are required is:
COUNTY Project Nos: 60073 and 60092
Description: SR 84 from Radio Road to CR 95 I to Main Golden Gate Canal
County: Collier
The CONSULTANT shali provide technical and administrative personnel meeting the
requirements set forth in Section 9.0 of this Scope of Services in appropriate numbers at the proper
times to ensure that the responsibilities assigned under this Agreement are effectively carried out.
All construction, engineering. inspection and administration activities shall be performed in
accordance with the established standard procedures and practices of the Florida Department of
Transponation. Prior to furnishing any services. the CONSULTANT shall be familiar with those
FOOT standard procedures and practices and with the procedures and practices for construction.
engineering. inspection and contract administration used by Coliier Count)' Transportation
Engineering and Construction Management Department (T.E. & CM.D.).
The Construction Project Manager will track the execution of the construction contract in
order to ensure that the CONSULTANT is given timely authorization to begin work. While no
personnel shali be assigned until ,,,ritten notification by the Construction Project Manager has been
issued. the CONSULT ANT shall be ready to assign personnel within two weeks of notification.
For the dura1ion of the project. the CONSULTANT shall coordinate closely with the Construction
Project Manager and Contractor to minimize rescheduling of CONSULTANT activities due to
construction delays or changes in scheduling of Contractor activities.
3.0 DEFINITIONS:
A. CONSULTANT Senior Proiect En!!ineer: The Engineer assigned by the
CONSULT A NT to manage one or more Construction Projects. This person
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may supervise other CONSULTANT employees and act as the lead Engineer
for the CONSULTANT.
B. CONSULT ANT Proiect Engineer: The Engineer assigned by the CONSULTANT to
manage thi s project.
e Construction Proiect Mana!:!er: The Collier County T.E. & eM.D. employee assigned to
manage the Construction Engineering and Inspection Contracts. The Construction Project
Manager will be in responsible charge and direct control of the projects.
D. CONSULTANT: The Consulting finn under contract to Collier County for administration
of Construction Engineering and Inspection services.
E. Contractor; The individual, firm, or company contracting with Collier County T.E. &
eM.D. for performance of work or furnishing of materials.
F. Contract: The written Agreement between Collier 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.
G. CONSULT ANT Contract: The written Agreement between Collier 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.
H. En!:!ineer of Record: The Engineer n01ed on the Construction plans as the responsible
person for the design and preparation of the plans.
1. Communitv Liaison: The Collier County employee assigned to manage Public Infonnation
for the Collier County T.E. & eM.D.
J. OWNER: The Board of County Commissioners for Collier Coun1y, Florida, a political
subdivision ofthe State of Florida.
K. COUNTY: Collier County. a political subdivision of the State of Florida.
4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT:
A. The following items will be furnished by Collier County T.E. & eM.D.
on an as needed basis. The CONSULT ANT shall submit a request in
writing for needed items to the Construction Project Manager.
1. Contract documents for each project as follows:
5 sets Construction Plans - I ]" x IT'
5 sets Special Provisions
] copy Contract Fonn
2. All standard forms for use under the terms of this Agreement will be
provided in hard copy at the Pre-Services meeting and via electronic
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mail. The CONSULTANT shall utilize only Collier County forms
on the project.
5.0 ITEMS FURNISHED BY THE CONSULTANT:
The COUNTY will require a satellite office for this project. The CONSULTANT shall be
reim bursed 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 monthiy cost as a line item of the eost proposal titled Field
Office Expenses". and shall also be listed as such on invoices submined to the COUNTY for
payment.
A. The CONSULTANT shall also furnish such other storage and parking space, as approved
by the Construction Project Manager. to effectively carry out their responsibilities under this
Agreement. The CONSULTANT shall provide the appropriate number of vehicles to
accommodate their project personnel.
Equipment supplied by the CONSULTANT shall eonsist of items determined by the
Construction Project Manager to be essemial in order to carry out the work under this Agreement.
The CONSULTANT will provide all survey equipment, testing equipment, photographic
equipment. tapes, rules. and any other jtems necessary.
B. All applicable FOOT documents shall be a condition of this Agreement. The documents
normally required by the CONSULTANT are listed below. The CONSULTANT shall review this
list and obtain those documents that are not in his possession as well as any other applicable
document that may be required that are not listed below. Most items can be purchased through the
following address. All others can be acquired through the District Office or on-line at
www.dol.stalc.tl.us.
Florida Department of Transportation
Maps and Publication Sales
605 Suwannee Street. M.S. 12
Tallahassee. Florida 32399-0450
Telephone No. (904) 488-9220
Documents nonnally required by the CONSULTANT shall includc, but are not limited to. the
following list of documents. The version to be used shall be in compliance with the project plans
and specifications.
1. Materials Directives: Directives convey cenain FOOT practices and procedures relating to
sampling and testing of materials entering into construction project.
o
Materials Sampling. Testing. and Reporting Guide: This schedule sets out the method of
acceptance for minimum sampling frequency. sampic, size. responsibility for sampling,
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responsibility for testing, test name, appropriate report form number, and sample
identifications information for material to be incorporated into construction project.
3. Qua]ified Products List of Approved Material Sources and Subsequent Updates.
4. Each of the following estimate preparation aids provided by the FDOT:
Field Standards for Final Estimates Manual
Basis of Estimate Manual
Sample Computations Manual
Final Estimate Preparation Short Course
5. Field Sampling and Testing Manual (FDOT & ASTM)
6. FDOT Standard Specifications for Road and Bridge Construction and Supplements (for all
field personnel).
7. FDOT Roadway and Traffic Design Standards (for all field personnel).
8. FDOT Structures Standards.
9. Manual on Unifonn Traffic Control Devices (MUTCD).
10. Utility Accommodation Guide (FDOT)
11. A list ofFDOT Training Courses relating to Cons1ruction Engineering and Inspection.
C. Field Equipment
1. Includes those non-consumable. non-expendable items which are normally needed for a
CEI project, including but n01 limited to the following: vehicles, facsimile machines, calculators,
tape recorders/ transcribers, typewriters, computers. word processors, printers, cameras,
camcorders, eommunication equipment. toolboxes. fire extinguishers, first aid kits, flashers, hard
hats, safety vests. life vests (if applicable), level/rod, tripod, roll-a-meters. rain gear, shovels
wheelbarrows, hammers, portable water coolers, gauges. engineering scales, tape measures,
drafting tools, slump cone. tamping rod, nuclear density machine. measuring wheel. thermometer,
flashlights. speedy moisture kits, and turbidity meters.
2. Use-cost 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.
Vehicles and hard hats shall have the name and phone number of the consulting firnl visibly
displayed.
The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment
during performance of this Agreement.
CONSULTANT personnel using equipment furnished by them shall input all computer coding.
The CONSULT ANT will also furnish computer services/software needed for project scheduling,
documentation. and control (Primavera/Suretrak, Claim Digger. etc.).
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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.
6.0 LIA1SON:
The CONSULTANT shall be fully responsible for carrying out all functions assigned to it
by this Agreement on the construction projects. All activities and decisions of the CONSULTANT
relating to the projects shall be subject to review and approval by the Construction Project
Manager.
The CONSULTANT shall provide coordination of all activities. correspondence. reports
and other communications related to its responsibilities under this Agreement necessary for the
Construction Project Manager to carry out his responsibilities.
]n performing their duties. the CONSULTANT shall utilize the standard forms provided at
the Pre-Services meeting. The CONSULT ANT shall utilize an Action Request form for all
requests related to CONSULTANT Contraclladministrative issues. The Action Request form shall
be submitted under separate cover to Construction Project Manager with all accompanying
required documentation (Resumes. Certifications. ctc.1 to each. The content and format of the
Action Request form shall be in accordance with the instructions provided by the Collier County
T.E. & C.M. D.
Construction engineering and inspection forces will be required of the CONSULTANT at
all times while the Contractor is working under the construction contract. ]f Contractor operations
are suspended. the CONSULTANT will reduce its staff appropriately.
]n 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 10 demobilize. relocate. or terminate such forces.
It shall be the CONSULTANT'S responsibility to ensure that sufficient funds to complete
services under this Agreement remain in the CONSULTANT Contract at all times. ]n the event of
construction project delays or changes beyond the control of the CONSULTANT. which affect the
terms of this Agreement. the CONSULTANT shall submit a Supplemental Amendment Request to
Collier County. These requests will be submitted for County approval and execution prior to
perfonning additional work and prior to funds expiration. consistent with and in accordance with
the Contract Status Report. or other approved repon for tracking CONSULTANT Contract funds.
Supplemental Agreements preparation. submission. and subsequent follow-up activities are the
responsibility of the CONSULT ANT in accordance with Section 8.5 (29) and (301. Management
Engineering Services.
7.0 COOPER A T]ON AND PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement. the Construction Project Manager will review various
phases of CONSULTANT operations. such as construction inspection, materials sampling and
testing. and administrative activities. to detennine compliance with this Agreement and to confirm
that construction work and administrative activities are performed in reasonable conformity with
FOOT and Collier County T.E. & C.M. policies. plans. specifications. and Contract provisions.
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The CONSULTANT shall cooperate and assist the Construction Project Manager in conducting
the reviews. If deficiencies are indicated. the CONSULTANT shall implement remedial action
immediatelv in conformance with Collier Countv T.E. & CM.D. recommendations. Collier
" "
County T.E. & CM.D. reeommendations and CONSULTANT responses/actions are to be properly
documented by the Cons1ruction Project Manager. 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 subdivided assigned inspection responsibilities. reassign inspection personnel. or
assign additional inspection personnel. within one week of notification.
B. Replace personnel whose performance has been determined by 1he Construction. Project
Manager 10 be inadequate. Personnel whose perfonnance has been determined to be
unsatisfactory shall be removed immediately.
C Immediately increase the frequency of job control testing in phases of work that are the
CONSULTANT's responsibility.
D. Increase the scope and frequency of all training conduc1ed by the CONSULTANT.
Additionally, FOOT personnel may make special reviews of any project. The CONSULTANT
shall fully eooperate with and assist in making such reviews.
8.0 REQUIREMENTS:
8.1 General:
It shall be the responsibility of the CONSULTANT to administer the Contract to assure that
the project is constructed in reasonable conformity with the plans, specifications, and Contract
proVISIons.
The CONSULTANT shall observe the Contractor during various operations to ensure the
materials and methods used by the Contractor conform to the specifications of the Construction
Contract, the FOOT Standard Specifica1ions for Road and Bridge Construction, and designated
Notes on the plans.
No CONSULTANT under contract with Collier County to perform construction
engineering and inspection or material sampling and testing on a particular project shall
subcontract with the Contractor to perform Quality Control activities on the same construction
project.
The CONSULTANT shall advise the Construction Project Manager of any omissions,
substitutions, defects. and deficiencies noted in the work of the Contractor and the eorrective
action taken. Work provided by the CONSULT ANT shall not relieve the Contractor of
responsibility for the satisfactory performance of the Construction Contract.
8.2 Survey Control:
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The CONSULTANT shall verify the existence and accuracy of location for all reference
points and baseline con1rol points indicated on the plans. The CONSULTANT shall reestablish
any missing or disturbed control points as required to maintain the accuracy for survey eontroL
The CONSULTANT shall establish the survey control baseline(s) along with sufficient
baseline control points and benchmarks at appropriate intervals along the project for use by the
CONSULTANT in performing verification surveys of construction layout. The CONSULTANT
shall:
I. Make and record measurements necessary to calculate and document quantities for pay
items:
2. Make and record preconstruetion cross seetjon surveys of the project site where
earthwork (i.e.. embankment. excavation. subsoil excavation. etc.) is part of the construction
project.
3. Perfonn incidental engineering surveys necessary to carry out the services covered by this
Agreement and to verify and confinn the accuracy of the Contractor"s survey layout work.
8.3 On-site Inspection:
The CONSULTANT shall monitor the Contractor's on-site construc1ion operations and
inspect materials entering into the work as required to assure that the projects are completed in
reasonabie confonnity with the plans. specifications. and other Construction Contract provisions.
The CONSULT ANT will monitor all oft~site activities and fabrication. The Consultant shall keep
detailed accurate records of the Contractor's daiiy operations and of significant events that affect
the work.
The standard procedures and practices for inspection of construction projects are set out in
the FDOT Construction Manual. In generaL the CONSULTANT shall perfonn in accordance with
these standard procedures and practices and with other accepted practices as appropriate and
authorized by the Construction Project Manager.
CONSULTANT employees responsible for Work Zone traffic control plan design.
implementation. inspection. and/or for supervising the selection. pjacement. or maintenance of
traffic schemes and devices in work zones shall be certified according to FDOT guidelines for
Maintenance of Traffic Training (Topic ]\io. 625-0 I 0-01 O-a).
8.4 Testing:
The CONSULTANT shall perfonn. in conjunction with an independent. licensed
laboratory. whose selection has been approved in writing by the Construction Project Manager.
hired by 1he CONSULTANT. sampling and testing of component materials and completed work
items so that the materials and workmanship incorporated in the project are in reasonable
confonnity with the plans specifications and contract provisions. The minimum sampling
frequencies set out in the Florida Department of Transportation Materials Sampljng. Testing and
Reporting Guide shall be met. In complying with the aforementioned guide. the CONSULTANT
shall perfonn all on-site sampling of materials and such testing of materials and completed work
items that are nonnally done in the vicinity of the project. lnspection and sampling of materials
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and components required at locations remote from the VICinIty of the project and testing of
materials normally done in a laboratory remote from the project site will also be included.
The CONSULTANT shall be specifically responsible for determining the acceptability of
all materials and completed work items on the basis of either test results or verification of a
certification. certified mill analysis. D.O.T. label. o.O.T. stamps. etc.
The Construction Project Manager will monitor the effectiveness of the CONSULT ANT'S
testing procedures by obtaining and testing independent assurance samples. Independent assurance
sampling is necessary to verify compliance with the specification requirements. The
CONSULT ANT shall notify the Construction Project Manager of schedules for sampling and
testing as the work progresses on the construetion contract so that Progress and Final Record
sampling can be accomplished at the discretion of the County at the proper time.
The CONSULTANT shall also be responsible for the progress record sampling of reinforcing
steel. The CONSULTANT shall perform all necessary surveillance and inspection of the on-site
hot-mix asphalt operations. The CONSULTANT shall provide surveillance and acceptance
sampling and testing at any hot-mix asphalt plant providing mixes to a project under a Quality
Assurance Specification.
The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The
CONSULT ANT shall provide daily surveillance of the Contractor's Quality Control activities at
the project site in regard to concrete and perfonn acceptance sampling at the specified frequency.
Sampling, tes1ing and laboratory methods shall be as required by the Florida Department of
Transportation's Standard Specifications or as modified by the contract provisions.
Documentation reports on sampling and 1esting shall be submitted to responsible parties during the
same week that the construction work is done or as otherwise directed by the Construction Project
Manager.
The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified
technicians for concrete inspection.
The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for
asphalt inspection.
The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection
Technicians for embankment, pipe backfill, sub grade. base and asphalt inspection.
8.5 Management Engineering Services:
The CONSULTANT shall perform all management-engineering services necessary to
properly coordinate the activities of all parties involved in completing the project. These include
maintaining complete. accurate records of all activities and events rela1ing to the project; properly
documenting all significant project changes; interpreting plans. specifications. and Construction
Contract provisions in conjunction with the Engineer of Record; making recommendations to
Construction Project Manager to resolve Construction Contract disputes; and maintaining an
adequate level of surveillance of Contractor activities. The CONSULTANT shall also perform
other management engineering services normally assigned to a Project Engineer that are required
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to fulfill its responsibilities under this Agreement. All recording and documentation will comply
with standard FDOT and COLLIER COUNTY procedures. formats. and content. Services include.
but are not limited to. the following:
(I) Schedule and aUend. within ten (10) days after the Notice to Proceed. a pre-servIce
conference for the project in accordance with FOOT Procedure 700-000-000-a.
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 belo\\. 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 T.E. & C. M. D.
The CONSULTANT Contract administration documents consist of but are not limited to
the documents listed below:
a. Action Request Form
CONSULTANT Authorization to Execute Work Orders
LeUer of Transmiual Form
Request For Supplemental Services
Scope of Services Supplement No.
Contract Status Report. or other approved fund tracking report
CE] CONSULT ANT Firm Estimated Staffing (completed in accordance with the
original CONSUL TANT Contract agreement)
CEI CONSULTANT Fee Proposal
CEI CONSULTANT Data
(3) Schedule and conduct a preconstruction conference for the project in accordance with
Article 8-3.5 of the FDOT Standard Specifications for Road and Bridge Construction. Record
significant information revealed and decisions made at this conference and distribute copies of
these minutes to the appropriate partjes. The meetjng shall also be electronically recorded and the
CONSULTANT shall maintain all tapes of the meeting for the duration of the Contract.
(4) Maintain on a daily basis a complete and accurate record of all activities and events relating
to the project and a record of all work compieted by the Contractor. including quantities of pay
items in conformity with Final Estimates preparation procedures and specifications.
(5) Maintain a Project Diary in confonnity with FDOT format.
(6) Maintain a log of all materials entering the work with proper indication of the basis of
acceptance of each shipment of material.
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(7) Maintain records of all submittal dates and testing aceomplished under Section 8.2 - 8.7 of
this Exhibit "A" and analyze such records required to ascertain acceptability of materials and
completed work items.
(8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item
satisfactorily completed to date. Quantities shall be based on daily records or calculations.
Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress
Es1imate.
(9) For interpretations of the plans. specifications, and Contract provISIOns, the
CONSULTANT shall consult with the Construction Project Manager when an interpretation
involves complex issues or may have an impact on the cost of performing the work. When
warranted. the Construction Project Manager may request an interpretation from the Engineer of
Record. The Construction Project Manager shall coordinate all requests for involvement of the
Engineer of Record.
(10) Analyze problems that arise on a project and proposals submitted by the Contractor and
prepare and submit a recommendation to the Construction Project Manager.
(11) Analyze changes to the plans, specifications, or Construction Contract provisions and extra
work which appear to be necessary to carry out the intent of the Contract when it is determined that
a change or ex1ra work is necessary and such work is within the scope and intent of the original
Construction Contract. Recommend such changes to the Construction Project Manager for
approval.
(] 2) Manage the Contractor's CPM Schedule in accordance with the requirements outlined in
Section 8.6. Contractor's CPM Schedule.
(13) Analyze major problems that arise on the project and prepare a recommendation to the
Construction Project Manager.
(14) When it is determined that a modification to the original Contract for a project is required
due to a necessary change in the charae1er of the work, negotiate prices with the Contractor and
prepare the required Work Order Directive and change order in accordance with applicable Collier
County procedures. The CONSULT ANT shall provide an analysis of the cost and/or time
adjustments associated with the Work Order Directive.
(15) ln the event that the Contractor gives either written or verbal notice that he deems certain
work to be performed is beyond the scope of the Contraet and that he intends to claim additional
compensation. the CONSULTANT shall maintain accurate cost account records of such work.
These records shall include manpower and equipment times and materials installed (temporary or
permanent) in the portion of the work in dispute.
(16) ln the event that the Contractor for a project submits a claim for additional compensation,
the CONSULTANT shall analyze the submittal and prepare a recommendation to Collier County
Project Manager covering validity and reasonableness of charges and conduct negotiations leading
to recommendations for settlement of the claim. Maintain complete. accurate force account and
other records of work involved in claims.
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(17) In the event that the Cantractar far a project submits a request far extensian 0.1' the
allawable Cantract time, analyze the request and prepare a recammendatian to. Canstructian
Project Manager cavering accuracy af statements and the actual effect 0.1' delaying factars an
campletian 0.1' cantrolling wark items.
(18) Prepare the Final Estimate and submit to. the Canstructian Project Manage. with backup
camputatians accampanying Camputatians Baaklet in accardance with FOOT Field Standards far
Final Estimates Manual. This task must be campleted within Twenty (20) calendar days after
canditianal ar final acceptance afa project by Callier Caunty T.E. & C.M.D.
(19) Manitar each canstructian project to. the extent necessary to. determine whether
canstructian activities vialate the requirements af any pennits. Far each project that requires the
use 0.1' the NPDES General Penn it. supply at least ane inspectar who. has successfully campleted
the "Flarida Starmwater. Erosian. and Sedimentatian Cantral Training and Certificatian Program
far Inspectors and Cantractars." Natify the Cantractar 0.1' any vialatians ar patential vialatians and
require his immediate resalutian 0.1' the problem. Vialations must be reparted to. the canstructian
Project Manager immediately.
NPDES Erosian Cantrol Inspectian Requirements (if implemented by the Department af
Environmental Protectian): Thase facilities that have an NPDES Permit and which discharge
starm water from canstructian activities directly to. waters af the United States which are listed an
the EPA approved 303(d) list far tatal suspended salids (TSS). ar ather indicatars 0.1' salids
transpartatian such as turbidity. siltatian. ar sedimentatian shall camply with the fallawing:
a. The pennittee shall manitar by grab sample by a Certified NPDES lnspectar. during
regular warking haurs. ance per manth within the first 30 minutes 0.1' a qualifying event or within
the first 30 minutes 0.1' the beginning af the discharge 0.1' a previaus1y callected qualifying event far
Settleable Salids (m/I). Tatal Suspended Salids img/I). Turbidity (NTUs). and flaw (MGD).
b. Where the receiving water has flaw upstream from the discharge. a background sample far
Settleable Salids. Tatal Suspended Salids. and Turbidity shall be taken in stream at mid depth and
immediately upstream from the influence afthe discharge 0.1' stonn water from the site.
c. The sail type and average slape af the drainage area far each autfall shall be reparted with
the Discharge Manitaring Repart submitted in accardance with sectian "e" (belaw).
d. A qualifying event far the purpase afthis sectian is a rain event 0.1'0.5 inches ar greater in a
24-haur peri ad as determined by the project rain gauge.
e. Data collected in accardance with the abave items shall be submitted to. Environmental
Pratectian Agency. the Flarida Department af Envjronmental Protectian. Canstructian Project
Manager and a capy retained for the project file.
f. Callect. stare. and transpart the samples per NPDES Starm Water Sampling Guidance
Daeument (EPA 883-B-92-001).
g. Flaw at the outfall shauld be estimated b, Sectian 3.2.2 0.1' the NPDES Stam1 Water
Sampling Guidance Dacument.
h. Within 48 haurs of callectian 0.1' samples. deliver the samples to. a labaratory.
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i. Shop drawing/sample submittals shall be coordinated and the status tracked as each
progress through review and approval. The CONSULTANT shall actively encourage all reviewers
to accomplish reviews promptly.
(20) Provide timely coordination between the Con1ractor and utility companies to assure that
conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction.
Documentation will be maintained in accordance with FDOT procedures.
(21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the
respective Contractor, subcontractors, and/or utility companies to review plans, schedules,
problems, and other concerns. The Community Liaison shall attend these meetings. The
CONSULTANT shall record the results of the meeting in written minutes. The CONSULTANT
shall distribute the meeting minutes as directed by the Construction Project Manager. These
meetings shall also be recorded electronically and the CONSULTANT shall maintain the tapes for
the duration of the Contract.
(22) Conduct and document field reviews of the maintenance of traffic operation during and
after normal working hours and on weekends, nights, and holidays. Special concern shall be given
to pedestrian and bicycle access throughout the work.
(23) Perform survey work when required or requested by the Construction Project Manager.
(24) Produce reports; verify quantity calculations, and field measure for payment purposes as
needed to prevent delays in Contractor operations.
(25) With each monthly invoice submittal. the CONSULT ANT Project Engineer will provide a
reviewed and approved Contract Status Report for the CON SUL T ANT Contract. This report will
supply the CONSULTANT Project Engineer's accounting of the additional Contract calendar days
allowed to date. an estimate of the additional Contract calendar days anticipated to be added to the
original Contract schedule time. an estimate of the Contract completion date, and an estimate of
the CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime
CONSULTANT and for each subconsultant.
(26) When the CONSULTANT identifies a condition that will require an Amendment to the
CONSULTANT Contract. the CONSULTANT will communicate the need to the Construction
Project Manager for an approval in concept. Once received. the CONSULTANT shall prepare and
submit the request and all accompanying documentation to the Construction Project Manager and
for approval and further processing. The CONSULT ANT shall submit the amendment request
prior to the depletion of the CONSULTANT Contract funds (consistent with and in accordance
with the Contract Status Report) and shall allow Collier County adequate time to process, approve.
and execute the amendment. The content and format of the amendment request and accompanying
documentation shall be in aecordance with the instructions and format for the Collier County T.E.
& C.M.D.
(27) The CONSULTANT for the project shall be responsible for perfonning follow-up activities
to determine the status of each contract amendment submitted to the Construction Project
Manager.
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(28) The Construction Project Manager will normally perform a CONSULTANT CEl
PERFORMANCE EV ALUA TJON at the completion of the project. The Construction Project
Manager will meet with the CONSULTANT. at the CONSULTANT'S request. to discuss the
performance evaluation.
(29) Provide general public information services as required. Prepare "Road Alerts" for
Community Liaison's release concerning lane closures. traffic switch overs, detours. etc. Jnquiries
from public officials and the news media shall be directed to the office of the Community Liaison
for coordination. Prepare newsleners for distribution to adjacent property owners as may be
required. The Construction Project Manager must approve. in conjunction with the Community
Liaison. all brochures. responses to news media, etc.. prior to release.
(30) Prepare and submit to the Construction Project Manager monthiy. a Construction Status
Report.
(31) Video tapes the preconstruction conditions throughout the project limits. Provide a digital
photo log of project activities. with heavy emphasis on potential claim items/issues and on areas of
real/potential public controversy. The Consultant shall use a software system fully compatible
with Collier County Software to manage the digital picture album sys1em.
8.6 Contractor's CPM Schedule:
Jnitial CPM Review and Validation
The CONSULT ANT shall analyze the Contractor's CPM Schedules for completeness and flow of
activities. assuring that this schedule meets the Contract documents. This overview will validate
that the schedule is functionaL the information provided is reasonable. and the Contractor's plan
for project completion within the Contract time is reasonabie.
The CONSULTANT shall provide the Contractor a ",'linen review that identifies any
significant omissions, improbable durations. or errors in logic and provide the Construction Project
Manager with recommendations pertinent to planning and scheduling the project work and
completion ofthc project within the allowed Contract time.
Monthly Progress Review
The CONSULTANT shall track Contractor actual progress against the baseline schedule
and conduct a monthly schedule update meeting with the Contractor. The CONSULTANT shall
assure the Contractor complies with all requirements for periodic schedule updates and review the
updates within 15 days to deternline their accuracy. The CONSULTANT shall review all schedule
changes. The CONSULTANT shall identify and document any future or existing problems and
require the Contractor to disclose in writing his plans for preventing or resolving these problems.
The CONSULTANT shall prepare and distribute minutes of the Monthly Progress Review
meeting-to-meeting anendees and other interested parties.
Contract Moditications
The CONSULTANT shall assure that Contract modifications are based 111 the latest
approved schedule and reflected in the next version of the Contractor schedule.
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Planning
The CONSULTANT shall work with the Contractor to establish a two-week look ahead
schedule indicating expected Contractor work for discussion at the regular progress meetings. The
an1ieipated work activities will be reviewed with all affected utility companies. The
CONSULT ANT shall use this schedule to establish whether or not the Contraetor's near term plan
will resolve or mjtigate any previously unanticipated conflict or issues.
As Built Plan
The CONSULTANT shall check and verify the accuracy of the Contractor's as-built
construction plans monthly by comparing it with the Contractor's daily Jogs.
8.7 Constructability Review:
The CONSULTANT may be requested to provide a Constructability Review for the 60%
and 90% design plans. This review shall be conducted by the CONSULT ANT utilizing his
experience and knowledge to perform a complete review of the project including the following
items: design, environmental issues, permitting, maintenance of traffic. rjght 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 Construction Project Manager of his findings and work with them to resolve the
issues.
The Constructability Review shall be the first task of work to be completed. The review
and reports shall be completed and transmitted to the Construction Project Manager within
fourteen (14) days of the date the County issues the appropriate plans for review.
During the Constructability Review, the CONSULT ANT shall be sure to address the
following items:
Make sure the description of work is clear and concise.
Review the list of pay items to ensure that all items of work are appropriately covered.
Review the summary of quantities to be sure all given quantities is accurate.
Review and comment on whether or not the construction sequence phasing and
maintenance of traffic have been correctly addressed and handled.
Be sure contract allows an adequate amount of time to reasonably construct the contract.
Review the contract documents to ensure that the actual field conditions have been
investigated and clearly represented in thc documents.
Review such items as Utilities Right of Way, Drainage. Maintenance of Traffic,
Construction Sequences and Phasing, Permit Condi1ions, Quantities and Equipment requirements,
Note any items that may cause problems with the project.
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Consider and comment on the field inspection standards. geotechnical investigation
requirements. environmental compliance requjrements and maintenance of traffic concepts.
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 heavy equipment.
The CONSULTANT used in the review shall be an individual who will be involved in the
actual construction of the overall projects. They shall be thoroughly knowledgeable of current
specifications. policies and procedures used by Collier County and FOOT for the design and
construction of highway facilities.
9.0 PERSONNEL:
9.1 General Requirements:
The CONSULTANT shall staff the project with the 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."
9.2 Personnel Qualifications:
The CONSULTANT shall utilize only competent personnel, qualified by experience and
education. The CONSULTANT shall submit in writing to the Construction Project Manager 1he
names of personnel proposed for assignment to the project. including a detailed resume for each
with respect to salary. education. and experience. Minimum qualifications for the CONSULTANT
personnel are set forth in Exhibit "A-A" to this Agreement. The CONSULTANT Action Request
form for personnel approval shall be submitted to the Construction Proiect Manager at least two
weeks priono the date an individual is 10 report to work.
9.3 Staffing:
Once authorized. the CONSULTANT shall establish and maintain an appropriate staff
through 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 appropriate Contract has
been paid off.
Proposed staff. including qualifications. must be submitted using Action Request fonTIS
provided by Collier County. These will be previewed and preapproved by the Construction Project
Manager. Previously approved staff. whose perfonnancc is unsatisfactory. shall be replaced by the
CONSULT ANT within one week of Collier County notification. Personnel jdentified in the
CONSULTANT technical proposal are expected to be assigned as proposed and are committed to
performing services under this CONSUL TAJ\T Agreement. Personnel changes will require
written approval from Collier County.
As Contractor operations on a Contract diminish. the CONSULTANT shall appropriately
reduce the personnel it has assigned to that project. Construction engineering and inspection
forces are required of the CONSULTANT at all times while 1he Contractor is working on the
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Contract, but ifContraetor operations stop, the CONSULTANT shall reduce its forces accordingly.
CONSULT ANT personnel adjustments recommended by the Cons1ruetion Project Manager will be
accomplished within one week of notification. The CONSULTANT will be allowed a maximum
often (10) days to demobilize, relocated. or terminate its forces in the event conditions occur that
require removing CONSULTANT forces from the project.
9.4 Licensing for Equipment Operation:
The CONSULTANT will be responsible for obtaining proper licenses for equipment and
for personnel operating such equipment. CONSULTANTS operating nuclear surface moisture-
density gauges on Collier County projects are required to comply with Section X of FOOT's
revised "Manual for Safety and Control of Equipment Containing Radioactive Materials" (a.k.a.
Nuclear Manual).
10.0 SUBCONSUL T ANT SERVICES:
The CONSULTANT may subcontract for engineering, inspection, materials testing, or
specialized professional services with prior written approval of the County. If required, the
CONSULTANT shall provide all geotechnical services for this project.
11.0 OTHER SERVICES:
Upon written authorization by the Construction Project Manager. the CONSULTANT will
perform additional services in connection with the project not otheru-ise identified in this
Agreement. The following items are not included as part of this Agreement, but may be required
by Collier County T.E. & CM.D. to supplement the CONSULTANT services under this
Agreement.
Assist in the timely prepara1ion 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 Alternative Dispute Resolution Procedures.
Provide qualified engineering witnesses and exhibits for any litigation or hearings m
connection with the Contract.
Assist the County Attorney or his designee as directed m the preparation for Binding
Arbitration and Pre-Suit Mediation.
Provide on- and off-site inspection services m addition to those provided for m this
Agreement.
12.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor 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
Cons1ruction Project Manager covering validity and reasonableness or charges. and/or assist in
negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a
Supplement to this Agreement.
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13.0 CONTRADICTIONS:
In the event of a contradiction between provIsIons of this Scope of Services and the
CONSULTANT'S proposaL the provisions of the Scope of Services shall override other
considerations.
14.0 LENGTH OF SERVICE:
The CONSULTANT services for the Contract shall begin upon written notification to
proceed by the Construction Project Manager.
This notice to proceed will be issued anytime subsequent the award of a Contract at Collier
County's discretion. The length of services as herein established for Contract on the
CONSULTANT beginning work when notified and continuing to work until acceptance. For
estimating purposes the CONSULTANT will be allowed an accumulation of thirty- (30) working
days to perfonn preliminary administrative services prior to the issuance of the Contractor's notice
to proceed on the first project to begin and thirty- (30) calendar days subsequent final acceptance
of the Contract to be completed.
The anticipated letting schedules and construction times for the projects are tabulated
below:
Construction Estimate
County Letting Date
Project No. (Mo/Day/Yr)
60073 & 60092 4/201 1
Consultant's Estimate
Start Date Duration Time
(Mo/Day/Yr) (Days)
9/30/20] I 820
Start Date Duration Time
(Mo/Day/Yr) (Days)
8/30/20] I 880
15.0 INVOIC1NG INSTRUCTIONS:
Monthly invoices shall be submitted to Collier County in a format approved by Collier
County. no later than the 20th day ofthe 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 E-
Mail of the total delay in calendar days and the reason(s) for the deJay(s).
All invoices shall be submitted to Collier County in hard copy fonnat.
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EXHIBIT "A-A"
MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT
PERSONNEL *
Before the project begins, all project staff shall have posses all the knowledge, skills, and
abili1ies required in obtaining the necessary certifications for performing the duties of the position
they hold. The Senior Project Engineer and the Project Engineer shall ensure the FDOT's current
practices, policies. and procedures are met throughout the course of the project. Cross training of
the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile
project inspection team. but shall not be at any additional cost to Collier County and should occur
as work load permits. Current FDOT certifications may be used until specified time limits as
posted in the Construction Training Qualifications Manual (CTQP) unless expiration occurs
sooner. Visit the FDOT Web page under training for current dates.
SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the
Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in another
state, the ability to obtain registration in Florida within six months) and six (6) years of
engineering experience (two (2) years of which are in major road and bridge construction). or for
non-degreed personnel the aforementioned registration and ten (10) years of engineering
experience (two (2) years of which are in major road or bridge construction. Qualifications include
the ability to communicate effectively in English (verbally and in writing). Direct a highly
complex and specialized construction engineering administration and inspection program. Plan
and organize the work of subordinate and staff members. Develop and/or review policies.
methods, praetices, and procedures; and review programs for conformance with FOOT standards.
Also must have the following:
Qualifications: None
Certifications: MOT Level II A TTSA or IMSA.
A Master's Degree in Engineering may be substituted for two (2) years experience.
PROJECT ENGINEER - A Civil Engineering degree plus two (2) years engineering
experience in construction of major road or bridge structures. or eight (8) years of responsible and
related engineering experience (two (2) years of which involved construction of major road and
bridge stroctures). Receives general instruc1ions regarding assignments and is expected to exercise
initiative and independent judgment in the solution of work problems. Directs and assigns specific
tasks to inspeetors and assists in all phases of the construction project. Will be required to attend
the Final Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards. Will
be responsible for the progress and final estimates throughout the construction project duration.
Must have the following:
Qualifications:
Asphalt Roadway Level II (will require Roadway Level J written exam)
Certifications:
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MOT Level Il A TTSA or IMSA
A Master's Degree in Engineering may be substitu1ed for one (]) year of experience.
OFFICE ENGINEER - High school diploma or equivalent and four (4) years of road and
bridge cons1ruction engineering inspection (CEI) experience having performed/assis1ed in the
following project related duties: CQR progress and final estimates. Supplemental
Agreement/Amendment processing. etc: or a Civil Engineering degree and completion of the Final
Estimates Preparation Seminar. Should exercise independent judgment in planning work details
and making technical decisions related to the office aspects of the project and accept general
supervision and verbal instructions from Project Resident Engineer. Should be familiar with the
FOOT Procedures covering project-related duties as stated above and be proficient in the computer
programs necessary to perform these duties. Shall becomc trained in Multi-Line, Engineering
Menu. and complete the State's Final Estimate Self Study course and attend the Final Estimate
Preparation Seminar for Constant CEls or the District-Specific Final Estimate Preparation
Seminar.
OFFICE MANAGER - High school graduate or equivalent plus three (3) years of
secretarial and/or clerical experience including two (2) years experience in construction office
management having performed the following office related duties: CQR. progress and final
estimates. EEO compliance. Supplemental Agreement/Amendment processing. etc. Experienced
in the use of standard word processing software. Should exercise independent initiative to help
relieve the supervisor of clerical detail. Assists the Project Engineer in office-related duties (i.e..
CQR. progress and final estimates. EEO compliance. Supplemental Agreement/Amendment
processing, etc.). Works under the general supervision of the Senior Project Engineer and staff.
Note; This position will not be used if an Office Engineer is being utilized.
SENIOR INSPECTOR - High school graduate or equivalent plus four (4) years of
experience in construction inspection. two (2) years of which shall have been in bridge and/or
roadway construction inspection. plus the following:
Qualifications:
Concrete Field Inspector Level I
Concrete Transportation Construction lnspector (CTCI) Levell! (major bridge only)
Asphalt Roadway Levell (If applicahle i
Asphalt Roadway Levelll (If applicable)
Earthwork Construction I nspection Level I
Earthwork Construction Inspection Level II
FOOT Pile Driving Inspection (If applicable)
FOOT Drilled Shaft Inspection (If applicable)
Certifications:
MOT Levell! A TTSA or IMSA
Nuclear Radiation Safety
ACI Level 1 or a Civil Engineering degree and one (I) year of road and bridge CEI
expenence.
Responsible for performing highly complex technical assignments in field surveying and
construction layout. making and checking engineering computations, inspecting construction work
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and conducting field tests, and is responsible for coordinating and managing the lower level
inspectors. Work is performed under the general supervision of the Project Engineers.
INSPECTOR - High school graduate or equivalent plus two (2) years experience in
construction inspection, one (1) year of which shall have been in bridge and/or roadway inspection
plus the following:
Qualifications:
Conerete Field Inspector Levell
Asphalt Roadway Levell (If applicable)
Earthwork Construction Inspection Level I
FOOT Pile Driving Inspection (If applicable)
FOOT Drilled Shaft Inspection (If applicable)
Certifications:
Nuclear Radiation Safety
ACl Level I or a Civil Engineering graduate.
Responsible for performing assignments in assisting Senior Inspector in the performance of
their duties. Receive general supervision from the Senior Inspector who reviews work while in
progress. Civil Engineering graduates must obtain certifications within the first year of working as
an inspector. Exceptions will be pennitted on a case-by-case basis as long as certification is
appropriate for specific inspection duties.
ASPHALT PLANT INSPECTOR - High school graduate or equivalent plus one (1) year
experience in the surveillance and inspection of hot mix asphalt plant operations and the following:
Qualifications:
Asphalt Plant Level I
Asphalt Plant Level II
SECRETARY/CLERK TYPIST - High school graduate or equivalent with two (2) years
of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute.
Experienced in the use of standard work processing software. Should exercise independent
initiative to help relieve the supervisor of clerical detail. Works under general supervision of the
Project Engineer and their s1aff.
GEOTECHNICAL ENGINEER - A Professional Engineer (PE) duly registered under
Florida State Rule and Statute. plus four (4) years experience as a Geotechnical Engineer in
responsible charge of the geotechnical work on at least two (2) major bridges with drilled shaft or
pile foundations (whichever is appropriate). Shall have experience using the drilled shaft
inspection device and osterburg cells in conjunction with load tests on drilled shafts or experience
using the Pile Driving Analyzer (PDA), CAPW AP & WEEP programs for pile analysis.
GEOTECHNICAL TECHNICIAN - High School diploma plus three (3) years
experience working under a Geotechnical Engineer setting up instrumentation and monitoring the
geotechnical work. Able to perform detailed calculations and follow detailed technical
instructions.
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* Exceptions to these minimum standards will be considered on an individual submittal basis.
The Construction Project Manager will make recommendations on all personnel action requests.
END OF SCHEDULE A
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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.
B 1.1.1 All monthly status reports and invoices shall be mailed to the attention Df:
Kevin Dugan, Project Manager
Transportation Engineering and Construction Management Department
2885 South Horseshoe Drive
Naples, Florida 34104
(239) 252-5833, (239) 252-5771 fax
kevind ugan@colliergov.net
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make mDnthly
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 I DESCRIPTION NOT TO EXCEED I
I AMOUNT: ,
1. i Construction Engineering and $ 2,860,687.50 Time and Materials
; Insoection Services I Not to Exceed
2. Testing Services $ 20,000.00 I Time and Materials
1 Not to Exceed
3. Survey Services $ 10,000.00 Time and Materials
Not to Exceed
; 5. Field Office Expenses ! $ 73,800.00 Time and Materials ,
,
I TOTAL FEE (Total Items 1-5) $ 2,964,487.50 . I
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
recDrds, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time Df 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
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to be provided. The negotiated fee shall be based upon the rates specified in Attachment 8 to
this Schedule 8 and all Reimbursable Expenses shall comply with the provisions Df Section
3.5.1 below. There shall be no overtime pay on 8asic Services or Additional Services without
OWNER'S prior written approval.
8.2.5. The compensation provided for under Sections 2.1 of this Schedule 8, shall be the total
and complete amount payable to CONSULTANT for the 8asic 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.
8.2.6 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 amDunts that OWNER does not
dispute are due and payable.
3 SCHEDULE OF PAYMENTS:
8.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule 8, an invoice for fees earned in the performance of 8asic 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 8asic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number of the
purchase order granting approval for such services shall appear on all invoices.
8.3.2. 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.
8.3.3 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 nDt 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.
8.3.4 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.
8.3.5 Unless specific rates have been established in Attachment 8, attached to this Schedule
8, 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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8.3.5.1 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:
8.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
8.3.5.1.2. 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 sectiDn 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 CDllier and Lee Counties are expressly excluded.
8.3.5.1.3. Permit Fees required by the Project.
8.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER
8.3.5.1.5 Expense of models for the County's use.
8.3.4.1.6 Other items on request and approved in writing by the OWNER
8.3.5.2 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
SCHEDULE OF FEES FOR BASIC SERVICES
"Consulting, Engineering and Inspection (CEI) and Related Services for:
SR 84 from Radio Road to CR951 to Main Golden Gate Canal"
Task 1. Construction Enaineerina & Inspection Services: Time and Materials
Not to exceed $2.860.687.50
. Complete recDrd 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 2. Testina Services: Not to exceed $20.000
. Provide field sampling and material testing per cDntractor quality control verification
requirements.
. Provide quality control services per contractor quality control verification requirements.
Task 3. Survey Services (As Needed): Not to exceed
. Bench mark verification
. Cross-section verification
. Spot check contractor laY-Dut as needed
. Reference and reset certified corner records as needed
$10.000
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Field Office Expenses: Time and materials: Not to exceed
. Rent
. Phone/Fax! Internet Connection
. Electric
. Cleaning service
. Copier (Rental and Maintenance)
$73,800
Total for Items 1 through 4 $2,964,687.50
-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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6/28/2011 Item 10.B.
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
"Consulting, Engineering and Inspection (CEI) and Related Services for:
SR 84 from Radio Road tD CR951 to Main Golden Gate Canal"
Title
Hourly Rate
Senior Project Engineer
$ 135.00 /hr
Project Administrator
$ 125.00/hr
CDntract Support Specialist (CSS)
$ 87.00/hr
Assistant CSS
$ 65.00/hr
Senior Utility Inspector
$ 90.00 /hr
Senior Roadway Inspector
$90.00/hr
Senior ITS Inspector
$ 95.00/hr
Asphalt Plant
$ 70.00 /hr
Inspector
$ 65.00 /hr
Inspector Aide
$ 50.00/hr
Senior Surveyor
$135.00/hr
Survey Technician
$ 80.00/hr
2 Survey Crew
$130.00/hr
3 Survey Crew
$160.00/hr
4 Survey Crew
$180.00/hr
Clerical
$ 50.OO/hr
END OF SCHEDULE B.
PS/I.
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SCHEDULE C
PROJECT SCHEDULE
"Consulting, Engineering and Inspection (CEI) and Related Services for:
SR 84 from Radio Road to CR951 to Main Golden Gate Canal"
Task 1. Construction EnQineerinQ & Inspection Services: 880 days from 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 2. TestinQ 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 3. Survey Services:
. Bench mark verification
. Cross-section verification
. Spot check contractor lay-out as needed
. Reference and reset certified corner records as needed
As Needed
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
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
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
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
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? --L Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term Df this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1.000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work
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_ Applicable
X Not Applicable
6/28/2011 Item 10.8.
(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 OperatiDns 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
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
X General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
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$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
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6/28/2011 Item 10.8.
Each Occurrence
Fire Damage
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER 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
SUBCONSUL T ANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable
X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT 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" tD 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 prDfessional services under this
Agreement. CONSULTANT waives its right Df 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
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~ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy
deductible be greater than $50,000 each claim. Deductibles in excess Df 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
amDunt sufficient to cover the cost of recreating or reconstructing valuable papers or records
utilized during the term of this Agreement.
TPA#lCj536379
PSA
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D-7
6/28/2011 Item 10.8.
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
TPA#1953637,9
PSA
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6/28/2011 Item 10.B.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
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 11-5690 Professional CEI and Related
Services for SR 84 from Radio Road to CR 951 to Main Golden Gate Canal, Projects
#60073 & 60092, are accurate, complete and current as of the time of contracting.
Atkins North America, Inc.
BY:
TITLE:
DATE:
TPA#1953637lJ
PS,A,
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6/28/2011 Item 10.B.
SCHEDULE F
KEY PERSONNEL, SUBCONSUL T ANTS AND SUBCONTRACTORS
Michael Ryan, P.E., PMP Senior Project Engineer 20%
Chris Libby Project Administration 100%
Kelly Adams Contract Support Specialist 100%
Rhonda Venuto Assistant CSS 100%
Felipe Baez Sr. Inspector (roadway) 100%
Tomasz Trebacz Sr. Inspector (roadway) 100%
Tony Acuti Sr. Inspector (utilities) 33%
Felix Baez Inspector 100%
Artie Autry Sr. Inspector (asphalt plant) 33%
TPA#1953637,9
PSA
F-I
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