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Backup Documents 05/13/2014 Item #16A21
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A2 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE piv' 4 v Routed by Purchasing Department to ; Office Initials Date the Following Addressee(s)(In routing order) 1. Risk Management Risk / w 4°4/4 T ri 2. County Attorney Office County Attorney Office 5 � � 3. BCC Office Board of County 1p Commissioners (c,VA13 4. Minutes and Records Clerk of Court's Office Celt('rt 11:a"4"" 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Adam Northrup Phone Number 252-8375 Purchasing Staff May 30,2014 Contact and Date Agenda Date Item was May 13,2014✓ Agenda Item Number 16.A.21✓ Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 14-6227 AMEC number if document is NumberNendor Name Environment&Infra to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed �p.....,. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th .i c....s......mit BCC,all changes directed by the BCC have been made,and the document is ready f r the Chairman's signature. 16A21 MEMORANDUM Date: June 4, 2014 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #14-6227 "Develop & Update Collier County Flood Management Plan" Contractor: Environment & Infrastructure, Inc. Attached is an original of the document referenced above (Agenda Item #16A21), approved by the Board of County Commissioners on Tuesday, May 13, 2014. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16A21 Contract#14-6227: "Develop and Update Collier County Flood Management Plan" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this / day of ,vlay , 20 IL( 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 AMEC Environment & Infrastructure, Inc., authorized to do business in the State of Florida, whose business address is 222 Industrial Blvd., Suite 155, Naples, FL 34104 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting Engineering services of the CONSULTANT to Develop and Update the Collier County Flood Management Plan (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting services in all phases of the Project to which this Agreement applies. 1 16A21 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Nestor Fernandez, 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. 2 Gt' Tom! 1 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state 3 16A21 and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 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 DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way- ROW, centerlines - CL, edge-of-pavement- EOP, etc), and adhere to industry standard CAD specifications. 4 16A21 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Ordinance and 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. 5 CA 16A21 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 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). 6 16A21 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (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; 7 /11.677T (c) Upon request from CONSULTANT, assist CONSULTANT by placing lacin at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after 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. 8 Cq 16A21 2 1 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 9 ARTICLE FIVE COMPENSATION 16A21 1 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 10 CD ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the 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. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 11 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 0 12 16 A2 1 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this 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 13 a� 16A21 1 subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or 14 1 A 2 1 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 15 (1) - i . 16A 1 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 Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. 16 ARTICLE THIRTEEN -16A21 TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. 17 16A21 ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL. 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 Fax: 239-252-6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: AMEC Environment & Infrastructure, Inc. 222 Industrial Blvd., Suite 155 Naples, FL 34104 Attn: Nestor Fernandez, Branch Office Manager Telephone: 239-643-4747 FAX: 239-643-4750 Email: Nestor,Fernandez @amec.corn 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. 18 d� 1 6 A2 . ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 19 16A21 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP# 14-6227 TERMS AND CONDITIONS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent 20 d� 1 Mir upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties 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 21 in= mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. ********** 22 C 16A21 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement to Develop and Update the Collier County Flood Management Plan the day and year first written above. ATTEST:. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, '• E Brock,Clerk By: h.r. ∎ rAiAt Date. ,(4 - $4' By Attest asto ,' at CTom Henning, Ch an signature only. Ap o ed%s to rm nd Legalit r� Assistant-County Attorney Name AMEC Environment & In rastructure Inc. W/X . 1.224. ,itipess - hortsc A,VAS)Si. P-o c1 kw', Li '' . ,', V► , Name and Title Name and Title Witness ,,r� � lam✓440( `�." k' ze Perri 12 r Name and Title 23 16A21 SCHEDULE A SCOPE OF SERVICES 14-6227 "Develop and Update Collier County Flood Management Plan" The Consultant will provide engineering services as required to revise and/or rewrite the County's existing Flood Plain Management Plan (FMP). The update and revision of the FMP will be consistent with the Major Focus Points and the 10-Step Planning Process as recommended by the Community Rating System (CRS) of the Federal Emergency Management Agency (FEMA). The FMP must also coordinate and support all flood aspects of the Local Mitigation Strategy (LMS). The Consultant will be required to assure that all requirements for updating the FMP are met. The Consultant will also identify options to maximize CRS point rating and scoring. Detailed Scope of Work The Consultant will prepare a separate section in the FMP to clearly state the requirements for the County to submit a copy of its FMP update at least every five (5) years. Since this is a Five-Year Update, the Consultant will ensure that the FMP meets the requirements. The FMP Major Focus Points are as follows: • Identify existing and future flood-related hazards and their causes; • Ensure that a comprehensive review of all possible activities and mitigation measures is conducted so that the most appropriate solutions will be implemented to address the hazard; • Ensure that the recommended activities meet the goals and objectives of the community, are in coordination with land use and comprehensive planning, do not create conflicts with other activities, and are coordinated so that the costs of implementing individual activities are reduced; • Ensure that the criteria used in community land use and development programs account for the hazards faced by existing and new development; • Educate residents and property owners about the hazards, loss reduction measures, and the natural and beneficial functions of floodplains; • Build public and political support for activities and projects that prevent new problems, reduce losses, and protect the natural and beneficial functions of floodplains; and • Build a constituency that wants to see the plan's recommendations implemented. TPA#1953637.9 A-1 (SDP-CM) 16A21 The 10-Step Planning Process as recommended by the Community Rating System (CRS) is as follows: Step 1. Organize to Prepare the Plan The Consultant must ensure that the organizational requirements for maximum credit point scoring are completed. a) The Collier County Planning and Zoning department must be actively involved in providing direct input, attending meetings, assisting in the Step 3 Coordination efforts, and reviewing all sections of the FMP. b) The planning process must be conducted through the Floodplain Management Planning Committee (FMPC). If the municipalities (Naples and Marco Island) wants credit for participating in a multi jurisdictional floodplain management or hazard mitigation planning committee, •The municipality must send at least two representatives to the planning committee; •At least half of the community's representatives must attend all the meetings of the planning committee. In effect, there must be a quorum from each community. Remote attendance, e.g., via a webinar that allows for everyone to talk, is permissible; and • CRS credit for the multi jurisdictional planning committee will be based on the representation from offices that implement the activities in Step 7. c) The preparation of the FMP must involve meeting with the FMPC a sufficient number of times to address all issues discussed in Steps 4 through 8 with at least one meeting for each step. Step 2. Involve the Public The Consultant must ensure that the planning process includes opportunities for the public to comment on the FMP during its development and before its approval. a) The planning process will be conducted through the FMPC that includes members of the public and meets the following criteria: (1) The FMPC includes County staff(e.g., the planning committee credited under Step 1(b)), and at least one-half of the members are representatives of the public or stakeholders to enable the FMP to receive full credit for this step. [Note: The earned credit is prorated for lower levels of public or TPA#1953637.9 A-2 (SDP-CM) Cq 16A21 stakeholder representation. Note that receiving 50% of the maximum credit for this planning step is a prerequisite for Class 4 or better communities and item (a) is one-half of the credit for Step 2.] (2) The FMPC must meet a sufficient number of times to involve the members in the key steps of the planning process, i.e., it must meet the same meeting criteria specified in Step 1(b). (3) All FMPC meetings must be open to the public and the meeting schedule must be publicly posted (e.g., on a website). The meetings must be in compliance with the requirements of the Florida "Sunshine" Law as found in Chapter 286, Florida Statutes. (4) If the municipalities (Naples and Marco Island) want credit for participating in a FMPC, it will be their responsibility to petition the Board of County Commissioners to modify the FMPC membership accordingly. The modified FMPC must then meet the criteria specified in Step 1(b). (5) County may augment the FMPC with an advisory body of stakeholders. Such an arrangement would be credited, provided the stakeholders were treated as full committee members during the meetings, i.e., they can speak up, vote, and receive all the materials that regular members do. Note that the planning committee can be (and it is recommended that it be) the same committee that prepares a Program for Public Information for credit under Activity 330 (Outreach Projects). The floodplain management plan document can also be or include the Program for Public Information document and/or the flood insurance coverage improvement plan credited under Activity 370 (Flood Insurance Promotion). b) One or more public information meetings will held in the affected area(s) within the first two months of the planning process to obtain public input on the natural hazards, problems, and possible solutions. The meetings must be held separately from the FMPC meetings credited in item (1). c) One or more public meetings will be held to obtain input on the recommended plan. The meeting(s)will be at the end of the planning process, at least two weeks before submittal of the recommended plan to the Board of County Commissioners. d) Additional public information activities will be implemented to explain the planning process and encourage input to the consultant and Planning and Zoning Dept. planner or FMPC. Examples include, but are not limited to • A website that explains the planning process and posts the time and place for its meetings, meeting agendas, status reports, and the draft plan, when it is ready for review. TPA#1953637.9 A-3 (SDP-CM) CA 16A21 , • Conducting a public webcast that explains the planning process and solicits input. • Questionnaires asking the public for information on their natural hazards, problems, and possible solutions. A questionnaire or survey that is sent to everyone in the floodplain or everyone in the community will receive double credit (10 points). • Outreach projects, such as those credited in Activity 330 (Outreach Projects), which explain the planning effort and seek comments. These could include brochures, mailers, booths at shopping malls, presentations at civic or neighborhood organizations, etc. Step 3. Coordinate The Consultant must ensure that the many years of comprehensive planning and flooding studies for land areas within the County by various agencies are evaluated and considered for inclusion in the FMP. This planning step credits incorporating other plans and other agencies' efforts into the FMP. Other agencies and organizations must be contacted to determine if they have studies, plans, or information pertinent to the floodplain management plan; to determine if their programs or initiatives may affect the County's program; and to see if they could support the County's efforts. Examples of"other agencies and organizations" include neighboring communities; local, regional, state, and federal agencies; and businesses, colleges, and other private and nonprofit organizations affected by the hazards or involved in hazard mitigation or floodplain management. This step focuses coordinating with other agencies and organizations, particularly those that are not represented on the FMPC credited under Step 1(b) or Step 2(a). No special additional coordination measures are needed for the agencies and organizations on the FMPC, but the consultant and planner will formally contact the directors and others for the record. Note that community needs and goals typically are developed during comprehensive planning activities. These goals should be identified in this step, reviewed, and considered during the development of the FMP. They should be taken into account when the goals for the FMP are developed in Step 6. The planning must include a review of existing studies, reports, and technical information and of the community's needs, goals, and plans for the area. (REQUIRED) Where the information from the existing studies and reports is used in the plan, the source(s) shall be referenced. This review shall include a review of community needs TPA#1953637.9 A-4 (SDP-CM) 16A21 A 2 1 , and goals, past flood studies, disaster damage reports, natural areas plans, and other documents that will provide information for the planning process. The planning must include coordinating with agencies and organizations outside the County's governmental structure. [Note: There is no credit for talking to other departments within the County government.] For this credit, "coordinate" means to: • Contact the agency or organization and keep a record of the contact (a generic announcement or notice on a website is not sufficient); •Ask for data or information related to the hazard; •Ask if the agency or organization is doing anything that might affect flooding or properties in flood-prone areas; and • Offer the agency or organization an opportunity to be involved in the planning effort, such as by attending a committee meeting or commenting on the draft plan. o Provide written documentation for each agency or organization that is contacted. o Provide written documentation for meeting or having a telephone conversation with the agency or organization. Such a coordination meeting or conversation must be separate from attendance at an FMPC meeting. Examples of such agencies and organizations include, but are not limited to • Neighboring communities; • Local and regional agencies involved in hazard mitigation activities; • Stakeholder-type organizations that are not represented on the planning committee; • Local drainage, levee, sanitary, and soil and water conservation districts; • Regional and metropolitan planning agencies; • State NFIP Coordinator; • State water resources agency; • State coastal zone management agency; • State emergency management agency; • FEMA Regional Office; • National Weather Service; • U.S. Army Corps of Engineers; TPM 1953637.9 A-5 (SDP-CM) Cq 16A21 • Natural Resources Conservation Service; • U.S. Bureau of Reclamation; • U.S. Fish and Wildlife Service; • National Oceanic and Atmospheric Administration; • Native American tribes; • American Red Cross; • Local homebuilders association; and • Local environmental groups. Step 4. Assess the Hazard The Consultant shall ensure that a thorough assessment of the flood hazard is completed and coordinated with the other hazards identified in the LMS. At this step in the planning process, the Consultant, planner and FMPC reviews, analyzes, and summarizes data collected about the natural hazard(s) that the community faces. This step focuses on the: • sources, • frequency, • extent, and • causes of flooding Step 5 will address the impact of flooding on people, property, infrastructure, the local economy, and natural floodplain functions. Under Step 3(a), the FMP contains data about the flood hazard. This Step 4 involves reviewing, analyzing, and summarizing the data from existing flood studies, including the effective Flood Insurance Study, drainage problem studies, historical records, and the knowledge and experiences of the FMPC members. The County does not need to conduct studies to develop new flood data. However, if this process determines that new maps or data are needed, they should be described for credit under item 4(d). The hazard assessment will describe the local flood hazard and not be a broad or generic discussion of flooding in general. It must discuss how often it floods, the locations of areas that flood, the depth of flooding, and the source or cause of the TPA#1953637.9 A-6 (SDP-CM) 161421 flooding. Because the most important readers are elected officials and flood-prone residents, the descriptions of the hazards should be in lay terms. The CRS Community Self Assessment described in Section 240 of the 2013 CRS Coordinator's Manual can help with this step. a) There must be an assessment of the flood hazard in the FMP. Flood hazard areas that require assessment include • The Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM), • Repetitive loss areas, •Areas not mapped on the FIRM that have flooded in the past, and • Other surface flooding identified in other studies. (1) There must be a map of the flood hazard areas. Area maps are acceptable for multijurisdictional plans. (2) There must be a description of the known flood hazards, including source of water, depth of flooding, velocities, and warning time. (3) There must be a discussion of past floods. b) There must be an assessment of less-frequent flood hazards in the FMP. The Consultant must (1) Identify the hazard, including a. Preparing an inventory of levees that would result in a flood of developed areas if they failed or were overtopped during a flood [Note that there are currently no qualifying levees in Collier County. A levee is being considered to protect come properties from the impacts of the Picayune restoration project. The FMP should establish the inventory and analysis methodology to prepare for future qualifying levee construction], and/or b. Preparing an inventory of dams that would result in a flood of developed areas if they failed [Note that there are no qualifying dams in Collier County so the FMP should clearly state this], and/or c. Identifying any of the flood-related special hazards listed in Section 401 of the CRS Coordinator's Manual that are found in the community, and/or d. Identifying the coastal A Zone, i.e., the area where wave heights during the 100-year flood are between 1.5 and 3 feet [The FMP should address the coastal A Zone in preparation for the upcoming changes to the Digital Flood Insurance Rate Map (DFIRM)that will identify the coastal A Zone by drawing of the Limit of Moderate Wave Action (LiMWA).]; TPA#1953637.9 A-7 (SDP-CM) I6A21 (2) Map the area(s) affected. (For planning purposes, an approximate affected area is sufficient. No new engineering studies are needed. Area maps are acceptable for multi- jurisdictional plans.) If an engineering study is conducted or already available, it may receive credit under Activity 410; and (3) Summarize the hazard(s) in lay terms. Additional guidance on inventorying and mapping the areas affected by levee and dam failures can be found in Section 621.b and Section 631.b, respectively. The consultant will incorporate the guidance on inventorying and mapping into the FMP. Item (a) is prorated if part of the "flood hazard" is missing, where applicable. For example, if the community is downstream of a dam, has a levee, and has a coastal A Zone, and the assessment includes only the dam failure hazard, the credit will be less than the full 10 points. If the community does not have a levee, it is reflected in the proration. Two points are provided if the inventory is conducted and concludes that there are no levees, dams, or special flood-related hazards that threaten the community. c) The assessment will identify areas likely to be flooded and flood problems that are likely to get worse in the future as a result of: (1) changes in floodplain development and demographics, (2) development in the watershed, and (3) climate change or sea level rise. [Prior to performing the assessment, the consultant will present an analysis and options on credible climate change or sea level rise reports and methodologies, including FEMA approvals/recommendations. The County will identify the preferred option.] The credit is prorated if the assessment does not include all three types of changes. d) The FMP will include a brief description of the magnitude or severity, history, and probability of future events for other natural hazards, such as earthquakes, wildfires, or tornados. The FMP will address all natural hazards that affect the community. At a minimum, it will include hazards identified by the state's hazard mitigation plan. Since the FMP is an appendix to the LMS, the FMP will direct the reader to the appropriate section of the LMS for more detailed information rather than duplicate it. TPA#1953637.9 A-8 (SDP-CM) CA Step 5. Assess the Problem Flooding can be a natural and beneficial occurrence. A floodplain is only a problem area if human development (the built environment) gets in the way of, or exacerbates, the natural flooding process. The previous Step 4 assessed the hazards facing the community. In this Step 5, the Consultant, working with community planners and FMPC members collects and summarizes data on what is at risk. This step looks at the impact of those hazards on the community. ➢ To receive credit for this Step 5, the assessment must include item (a) below. ➢ Each credited item must cover all relevant flood-related hazards identified in Step 4. ➢ Each credited item must include a description and summary of the problem(s). Simply listing data, such as the names of the critical facilities or the number of flood insurance claims, does not suffice for credit—there must be description of the impact of flooding and what kinds of problems arise, not just raw data. The creditable items for Step 5 are as follows: a) The FMP problem assessment must include an overall summary of the jurisdiction's vulnerability to each hazard identified in the hazard assessment (Step 4) and the impact on the community. b) The FMP will include a description of the impact that the hazards identified in the hazard assessment (Step 4) have on the features listed below: (1) for life safety and the need for warning and evacuating residents and visitors. (2) for public health, including health hazards to individuals from flood waters and mold. (3) for critical facilities and infrastructure. (4) for the community's economy and major employers. (5) for the number and types of affected buildings (e.g., residential, commercial, industrial, with or without basements, etc.). For this credit, the assessment must include an inventory of all buildings owned by the community that are located in flood-prone areas and that identifies which buildings are insured for flood damage. c) The assessment will include a review of historical damage to buildings, including all properties that have received flood insurance claims payments (in addition to the TPA#1953637.9 A-9 (SDP-CM) .CC 161\ 2i repetitive loss properties) and/or an estimate of the potential damage and dollar losses to vulnerable structures, including damage from mold and other flood-related hazards. As a Category B repetitive loss community, Collier County's FMP must include repetitive loss areas in the problem assessment (see Sections 502-503). The rep- loss areas have been identified, and the consultant will evaluate each of them to determine if they should be amended. The most current listing of repetitive loss structures will be utilized in this evaluation. The Consultant will review ALL the addresses of properties that have received flood insurance claims, not just the repetitive loss properties. The property addresses will be obtained from the listing of historical flood claims provided to the County as a Category C repetitive loss CRS community. Data on building damage will be obtained, as available, from post-disaster damage assessment reports, flood insurance claims or disaster assistance data, and flood control studies. Since most of Collier County has experienced little or no serious flooding in recent history, a Hazus-MH flood analysis will also be completed to help provide valuable information about the potential for flood damage and loss. The consultant will coordinate with County staff to provide local input information that can augment the building/structure inventory data bases in Hazus-MH. d) The assessment will identify and describe areas within the floodplain that provide natural functions, such as wetlands, riparian areas, sensitive areas, and habitat for rare or endangered species. Along with flood protection, comprehensive floodplain management planning should review the unique natural features, natural areas, and other environmental and aesthetic attributes that may be present in the floodplain. Protecting and preserving these natural and beneficial floodplain functions yield flood protection benefits and also help integrate floodplain management efforts with other community goals and objectives. This section should also review existing natural floodplain functions plans, such as those credited under Section 511.c. e) The assessment will include a description of development, redevelopment, and population trends and a discussion of what the future brings for development and redevelopment in the community, the watershed, and natural resource areas. f) The assessment will include a description of the impact of the future flooding conditions described in Step 4(c) on people, property, and natural floodplain functions. TPA#1953637.9 A-10 (SDP-CM) 16A21, Step 6. Set Goals The FMP goals should set the context for the subsequent review of floodplain management activities and drafting of the action plan. They should incorporate or be consistent with other community goals for the affected areas. The FMP goals will complement the LMS goals that address all the major hazards that face the County. The FMP will include a statement of the goals of the County's floodplain management and hazard mitigation program. The goals must address all flood-related problems identified in Step 5. Step 7. Review Possible Activities The FMP will contain a detailed review of different activities that could prevent or reduce the severity of the problems described in Step 5. This is a systematic review of a wide range of activities to ensure that all possible measures are explored, not just the traditional approaches of flood control, acquisition, and regulation of land use. The review, including the pros and cons of each activity, must be included in the FMP document. The following is a list of some of the types of activities that could be reviewed under each of the six credited categories. 1. Preventive activities keep flood problems from getting worse. The use and development of flood-prone areas is limited through planning, land acquisition, or regulation. They are usually administered by building, zoning, planning, and/or code enforcement offices. • Floodplain mapping and data • Planning and zoning • Open space preservation • Stormwater management • Floodplain regulations • Drainage system maintenance • Coastal setback/erosion regulations • Building codes 2. Property protection activities are usually undertaken by property owners on a building-by- building or parcel basis. • Relocation • Retrofitting • Acquisition • Sewer backup protection • Building elevation • Insurance 3. Natural resource protection activities preserve or restore natural areas or the natural functions of floodplain and watershed areas. They are implemented by a variety of agencies, primarily parks, recreation, or conservation agencies or organizations. TPA#1953637.9 A-11 (SDP-CM) 16A21 • Watlands protection • Water quality irrprchemant • Erosion and se Inrent corntrd • Coastal barrier p ctecticn • Natural area preservation • Environmental corridors • Mural area restoration • Natural functions protection 4. Emergency services measures are taken during an emergency to minimize its impact. These measures are usually the responsibility of city or county emergency management staff and the owners or operators of major or critical facilities. • Hazard threat recognition • Critical facilities protection • Hazard warning • Health and safety maintenance • Hazard response operations • Post-disaster mitigation actions 5. Structural projects keep flood waters away from an area with a levee, reservoir, or other flood control measure. They are usually designed by engineers and managed or maintained by public works staff. • Reservoirs • Channel modifications • Levees/floodwalls • Storm drain improvements • Diversions 6. Public information activities advise property owners, potential property owners, and visitors about the hazards, ways to protect people and property from the hazards, and the natural and beneficial functions of local floodplains. They are usually implemented by a public information office. • Map information • Library • Outreach projects • Technical assistance • Real estate disclosure • Environmental education The range of activities should be evaluated for each area affected. While some of them may be quickly eliminated as inappropriate, most deserve careful consideration, especially to ensure full understanding of their costs and benefits. The objective of this Step 7 is to maximize the number of floodplain management or hazard mitigation activities are credibly reviewed in the FMP. This Step 7 must describe the activities that were considered. It is not acceptable to simply list the various types of projects under each category. For each activity, there must be a discussion of why the activity is or is not appropriate for the County and its flood problems. TPA#1953637.9 A-12 (SDP-CM) 0 16A21 1 For an activity that is determined to be appropriate, • The discussion must also include County's capability to fund and implement the activity. • If an activity is currently being implemented, the plan must note if it is achieving expectations and, if not, whether it should be modified. • Since this will be an update of the County's existing FMP, each activity recommended by the current FMP must be discussed, along with the status of implementation. • The discussion of each activity needs to be detailed enough to be useful to the lay reader. Section (a) is required for any credit under this step. a) The FMP must review preventive activities, such as zoning, storm water management regulations, building codes, subdivision ordinances, and preservation of open space, and the effectiveness of current regulatory and preventive standards and programs. The review must include a discussion of the County's o Comprehensive or land use plan, o Building code, o Zoning ordinance, o Floodplain management regulations, o Subdivision ordinance, and o Stormwater management regulations. The discussion must review o How these tools can reduce future flood losses, o The current standards in the community's plans and regulations, and o Whether the community should adopt or revise such plans and regulations in light of the Step 5 problem assessment and the goals set in Step 6. b) The FMP will review whether the community's floodplain management regulatory standards are sufficient for current and future conditions, as discussed under Steps 4(c) and 5(f). c) The FMP will review property protection activities, such as acquisition, retrofitting, and flood insurance; d) The FMP will review activities to protect the natural and beneficial functions of the floodplain, such as wetlands protection; TPA#1953637.9 A-13 (SDP-CM) CD 16A21 e) The FMP will review emergency services activities, such as, but not limited to, warning and sandbagging; f) The FMP will review structural projects, such as levees, reservoirs, channel modifications and pumping stations; and g) The FMP will reviews public information activities, such as outreach projects and environmental education programs. Step 8. Draft an Action Plan After the review of alternatives during Step 7, an Action Plan is drafted (Step 8) that selects and specifies those activities appropriate to the County's resources, hazards, and vulnerable properties. The County will be adopting and annually updating the Action Plan, so it should be developed to strive for a balanced program, selecting measures from more than one category of floodplain management activity. The Action Plan should implement preventive activities both to keep identified flood problems from getting worse and also to protect new construction from the effects of natural hazards. There is no requirement that the Action Plan focuses on or identifies expensive or massive structural flood control projects. The Action Plan must include activities that the community can be assured will be implemented through its own resources. If outside funding support is needed for some projects, the funding sources should be identified and researched to ensure that the projects are eligible and the County has a chance of receiving the funds. Consideration will be given to prioritization of the activities may be eligible to receive CRS credit once they are implemented. Action Plan items are based upon the range of actions recommend in the FMP subject to the following criteria. • For each recommendation, the action plan must identify o Who is responsible for implementing the action, o When it will be done, and o How it will be funded. When it will be done" can be specified in terms of a date, a set period of time after another action is complete, after the next flood, etc. "How it will be funded" could state that funding will be dependent on a grant, provided the project is eligible for the grant program. • The actions must be prioritized. When prioritizing mitigation actions, the planners need to consider the benefits that would result from the mitigation actions and projects versus the cost of those actions. Note that this is not a requirement for a TPA#1953637.9 A-14 (SDP-CM) •,`C al - 16 A2 1 - cost-benefit analysis for every action item. However, an economic evaluation is essential for selecting one or more actions from among many competing ones. • There must be an action item for each goal in Step 6. • The Action Plan should include a recommendation on floodplain regulations, provided it recommends adopting or continuing a regulatory standard that exceeds the minimum requirements of the National Flood Insurance Program (NFIP). Simply continuing to meet the minimum criteria of the NFIP is not credited as an action item to improve the community's floodplain management program. • If the Action Plan calls for acquiring properties, there must be a discussion of how the project(s) will be managed and how the land will be used after it is acquired. • Since the cities of Naples and Marco Island participate in the adoption of the LMS, the FMP will be prepared as a multi-jurisdictional plan. Therefore the Action Plan must have action items from at least two of the six categories that directly benefit each community seeking CRS credit. • To qualify as a multi-hazard mitigation plan, the FMP Action Plan must include a "process by which local governments incorporate the requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate" (44 CFR§201.6(c)(4)(ii)). The action items that relate to preventive activities should clarify how this is done. For example, an action item could recommend that the next time the zoning ordinance is revised, flood hazard areas and natural floodplain function be considered when determining allowable uses. a) The Action Plan shall be prepared to cover as many categories as practical and feasible for Collier County, with a goal of covering activities from at least five (5) of the six (6) categories credited in Step 7. b) The Action Plan will include activity(ies) to establish or revise post-disaster redevelopment and mitigation policies and procedures. These policies and procedures should account for the expected damage from a base flood or other disaster. For example, the action plan should identify the areas likely to be worst hit and the policies should determine whether they will be rebuilt if substantially damaged. Post-disaster mitigation procedures should assign responsibilities for public information, code enforcement, planning, and other efforts that encourage, mandate, and/or fund loss reduction activities. TPA#1953637.9 A-15 (SDP-CM) 1 16A21 Note that Activity 330 (Outreach Projects) provides credit for public information materials developed for use during and after a flood (Flood Response Preparations (FRP)). Preparation of those materials should be done when the other post-disaster policies and procedures are prepared. (c) The Action Plan will include action items (other than public information activities) to mitigate the effects of the other natural hazards identified in the hazard assessment (Step 4, item (b)). Step 9. Adopt the plan The FMP, as an update to the existing FMP, will be presented to and, with the Board's approval, officially adopted by the Board of County Commissioners. The FMP is an official plan of the County, not an internal staff proposal. "Adopted" means that the Board of County Commissioners passes, by simple majority vote, a resolution. Passage via a consent agenda is not acceptable for receiving CRS credit. The Consultant will work with County staff to prepare all necessary materials for presentation to the Board of County Commissioners and participate in the presentation during a regularly scheduled Board meeting. The Collier County LMS is a multi jurisdictional plan, so the FMP must be prepared as a multi jurisdictional plan. The LMS is adopted by the governing body of each community seeking CRS or multi-hazard mitigation plan credit. Step 10. Implement, Evaluate, and Revise To be useful, planning must be ongoing and the FMP must be dynamic. The FMP should not sit on a shelf gathering dust once it is completed. Therefore, the FMP must have an evaluation and update process. For CRS credit, the FMP must be implemented. No plan is perfect. As implementation proceeds, flaws will be discovered and changes will be needed. Not only can hazard conditions change but also goals and objectives may change. If the County is hit by a hurricane, for example, the short-term action items may be changed to focus attention on the newly damaged areas in the SFHA. Changes should be made in the Action Plan when opportunities arise to add new activities or complete some items ahead of schedule. The FMP Action Plan should also be revised if it is found that some activities cannot be completed on the original timetable. At a minimum, these types of changes must be made at the required 5-year update. TPA#1953637.9 A-16 (SDP-CM) 16A2 The key to this step is the annual evaluation report on progress in implementing the plan. Not only are annual evaluations required with the County's annual recertification, but also the process of conducting an annual evaluation gives the County a framework for monitoring the plan's effectiveness and the County's progress in implementing it. • The Consultant will prepare a separate FMP section for Implementation, Evaluation and Revision that will describe how, when, and by whom the FMP will be monitored, evaluated, and revised. These items will also be included in the adoption resolution as well. • The FMP will identify that an annual evaluation report on progress towards FMP implementation must be prepared at least once each year and submitted with the community's annual CRS recertification. The report must be submitted to the Board of County Commissioners, released to the media, and made available to the public. • The Consultant will provide a clearly written procedure for the County to receive credit as a result of participation in a multi jurisdictional plan that includes action items for each community, and instructions on how the annual evaluation report must cover those action items. This can be done either by a multi jurisdictional planning committee or through separate submittals by each community. However, a community will not receive credit if it did not participate in the meeting at which the annual report was prepared. Therefore, the annual CRS recertification submittal needs to show who participated in the preparation of the report. • The County must update the FMP at least every five (5) years. The update is due by October 1, five (5) years after the plan was adopted (see the Five-Year Update section below). • Step 10(b) provides CRS credit if the planning committee does the evaluation and revision. If the committee does not continue to meet and report or if the committee membership no longer meets the credit criteria in Step 2(a), the community will not keep the committee credits under Steps 1(b) or 2(a). a) The FMP must include procedures for monitoring implementation, reviewing progress, and recommending revisions to the plan in an annual evaluation report. The annual evaluation report must be submitted to the governing body, released to the media, and made available to the public. b) The FMP will document the benefits in CRS credit scoring if the annual evaluation report is prepared by the same planning committee that prepared the plan that is credited in Step 2(a) or by a successor committee with a similar membership that TPM1953637.9 A-17 (SDP-CM) 16 A2 I. was created to replace the planning committee and charged with monitoring and evaluating implementation of the plan. The CRS credit points are based on how frequently the committee meets, since more frequent meetings yield more progress toward implementing the FMP and its Action Plan. The committee must continue to meet the representation, quorum, and other criteria that determined the credit points under Step 2(a). The FMP update will be reviewed for CRS credit according to the Coordinator's Manual currently in effect, not the version used when the County originally requested this credit. The update must include the following steps: a) Step 1 and 2: Option A: If the original planning process included a committee, then in order to keep the credit provided under Step 1(b) or Step 2(a), the update must be conducted by a committee that meets the criteria identified in those steps. Option B: If the original planning process received credit for a public meeting credited under Step 2, item (c), then to keep this credit the County must also conduct a public meeting that reviews and receives comments on the draft update. c) Step 3, item (a): The update must include a review of new studies, reports, and technical information and of the County's needs, goals, and plans for the area that have been published since the FMP was prepared. d) Steps 4 and 5: The hazard and problem assessments must be reviewed and brought up to date. The assessments must account for • New floodplain or hazard mapping, • Annexation of flood-prone areas, • Additional repetitive loss properties, • Completed mitigation projects, • Increased development in the floodplain or watershed, • New flood control projects, • Lack of maintenance of flood control projects, • Major floods or other disasters that occurred since the plan was adopted, and • Any other change in flooding conditions and/or development exposed to flooding or the other hazards covered in the plan. e) Step 6: The original plan's goals must be reviewed to determine if they are still appropriate, given the revisions to Steps 4 and 5. TPA#1953637.9 A-18 (SDP-CM) ('A 16A21 f) Step 8: The action plan must be revised to account for projects that have been completed, dropped, or changed and for changes in the hazard and problem assessments, as appropriate. g) Step 9: The update must be adopted by the Board of County Commissioners. An annual evaluation report that includes these steps may qualify as the five-year update (but may not qualify as an update for a multi-hazard mitigation plan). Collier County's existing FMP can be accessed at the following address: http://www.collieroov.net/index.aspx?paqe=1671 TPA#1953637.9 A-19 (SDP-CM) C�. 16A21 . SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Gary McAlpin, 2800 N. Horseshoe Drive, Naples, FL 34104, (239) 252-2966. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM PHASE NOT TO EXCEED AMOUNT: 1. Project Kickoff $ 0.00 1.1 Organize to Prepare the Plan $ 5,017.00 2 Involve the Public $ 0.00 2.1 Public Meetings and Other Ways to Involve the Public $ 8,368.00 3 Coordinate with Other Stakeholders and Agencies $ 5,540.00 4 Update Hazard Identification and Vulnerability Assessment $15,005.00 5 Develop the Capability Assessment $ 3,357.00 6. Review Mitigation Goals and Mitigation Strategies $10,516.00 7. Draft the Plan and Solicit Public Comment $ 8,385.00 8. Request FEMA/ISO Reviews $ 2,521.00 9. Plan Adoption $ 4,031.00 10. Implement, Evaluate and Revise $ 2,795.00 10.1 Five Year Update $ 1,745.00 TOTAL FEE (Total Items 1-10) $ 67,280.00 TPA#1953637.9 B-1 (SDP-CM) CAn 16A21 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. TPA#1953637.9 B-2 (SDP-CM) �CAO 16A2i Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 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: 5. B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 6. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by TPA#1953637.9 B-3 (SDP-CM) 16A21. OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. END OF SCHEDULE B. TPA#1953637.9 B-4 (SDP-CM) 16A21 Attachment 1 SCHEDULE B CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Senior Project Manager $165.00 Project Manager $139.00 Engineer II $139.00 Engineer I $115.00 Planner II $95.00 Planner I $90.00 GIS Specialist $80.00 TPA#I953637.9 B-5 (SDP-CM) 16A2j SCHEDULE C PROJECT MILESTONE SCHEDULE 1. Upon the Notice to Proceed issued by OWNER, one (1) Flood Management Planning Committee (FMPC) meeting or one (1) public meeting shall be held and report submitted to OWNER within forty five (45) days after the date of such Notice. 2. Draft of new Flood Management Plan and report of public comment shall be submitted to OWNER within two hundred three (203) days after notice to proceed. 3. Plans submitted to FEMA and report of ISO reviews submitted to OWNER within two hundred thirty (230) days after Notice to Proceed. 4. One hundred percent (100%) finalized plans submitted OWNER within two hundred sixty (260) days after Notice to Proceed. TPA#1953637.9 C-1 (SDP-CM) 16A21 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to 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 D-1 Cc'. 16A21 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 D-2 ((9 ITT2nriu, CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable D-3 16A21 A (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 D-4 16A21 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No D-5 16A24... (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury& Property Damage-$ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate D-6 Cp 0 t f � $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. D-7 1-4-ka4 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 D-8 SCHEDULE E l6Pt2ip TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, AMEC Environment & Infrastructure, 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 14-6227 — "Develop and Update Collier County Flood Management Plan" are accurate, complete and current as of the time of contracting. AMEC Environment & Infrastructure, Inc. BY: TITLE: �irMaZ �c� PRK-►Tae^g" DATE: 44y ZE1 wi E-1 � ' i 6 A 21 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Title Percentage of work Nestor Fernandez Senior Project Manager 2% David Stroud Project Manager 27% Cindy Popplewell Engineer II 4% Amy Crowley Engineer I 24% Paige Hatley Planner II 18% Scotty Gentry Planner I 7% Brent Slone GIS Specialist 18% F-1 `� 1 6A21 ______., DATE(MM/DD/YYYY) ,4�° CERTIFICATE OF LIABILITY INSURANCE 05/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to m the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). t PRODUCER CONTACT m NAME: 9 Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 I FAX 800-363-0105 m Morristown NJ Office (AIC.No.Ext): (AIC.No.): 1a 44 whippany Road, Suite 220 E-MAIL o Morristown NJ 07960 USA ADDRESS: = INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins Co 16535 AMEC Environment & Infrastructure. Inc. INSURER B: ACE American Insurance Company 22667 222 Industrial Boulevard Suite 155 INSURER C: ACE Property & Casualty Insurance Co. 20699 Naples FL 34104 USA INSURERO: American Zurich Ins Co 40142 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570053809312 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR AUUL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDpIYYYY1 (MMIDDIYYYY) LIMITS E X COMMERCIAL GENERALLIABIUTY 624554818 J5/01/2014 05/01/2015 EACH OCCURRENCE $1,000,000 CLAIMS-MADE ©OCCUR DAMAGE TO RENTED $100,000 PREMISES(Ea occurrence) MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 0 POLICY ©PET n LOC PRODUCTS-COMPIOP AGG- $2,000,000 co — o OTHER: o N- q BAP9483148-03 05/01/2014 05/01/2015 COMBINED SINGLE LIMIT to AUTOMOBILE LIABILITY (Ea accident) $1,000,000 BODILY INJURY(Per person) O X-ANY AUTO z —X ALL OWNED —SCHEDULED BODILY INJURY(Per accident) m AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE CO NON X HIRED AUTOS X (Per accident) w AUTOS X Comp Ded 51000 X Coll.Ded 57000 1: m C X UMBRELLA LIAB X OCCUR X00027238671 05/01/2014 05/01/2015 EACH OCCURRENCE $1,000,000 V - EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED I X(RETENTION 510,000 D WORKERS COMPENSATION AND wC350486613 05/01/2014 05/01/2015 x(STATUTE 0TH EMPLOYERS'LIABILITY YIN All Other States D OFFICERIMEMBERIEXCWDEDPxECuTIVE N NIA wC386713307 05/01/2014 05/01/2015 E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) MA & WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000— A Archit&Eng Prof E0C938357806 05/01/2014 05/01/2015 Each Claim $1,000,000 Professional Liability Aggregate $1,000,000∎ SIR applies per policy terns & condi-ions Ai DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Contract NO. 144227, Develop and Update Collier County Flood Management Plan. Collier County Board of County Commissioners and Collier County Government are included as Additional Insured in accordance with the policy provisions of the General sx-c Liability policy. General Liability policy evidenced herein is Primary to other insurance available to Additional Insured, but — only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the workers' Compensation policy.. E CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE OR EXPRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE hi POLICY PROVISIONS. Li MC.; Collier County AUTHORED REPRESENTATIVE r Board of County Commissioners 0 Purchasing Dept. 1� Nap? s FLa3 Trail East (� `J� � �_ jQ � Naples FL 34112-4901 USA e�osa oeN ©1988-2014 ACORD CORPORATION.MI rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 16A21 AGENCY CUSTOMER ID: 10650550 LOC#: A ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Aon Risk Services Northeast, InC. AMEC Environment & Infrastructure, Inc. POLICY NUMBER See Certificate Number: 570053809312 CARRIER NAIC CODE See Certificate Number: 570053809312 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY BVSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR ENSD WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) WORKERS COMPENSATION A N/A we 672425404 05/01/2014 05/01/2015 Idaho ACORD 101(2008101) ®2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD