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#17-7072 (Stantec) Agreement# 17-7072 "Stormwater Utility Program Phase II" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this a� day of �0,,(142„, , 20_ by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Stantec Consulting Services, Inc., authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay Blvd., Suite 300, Naples, Florida 34108 (hereinafter referred to as "STANTEC" "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Stormwater Utility Study services of the CONSULTANT concerning Stormwater Utility Program Phase II (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: C #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services,Inc. ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Stormwater Utility Study services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation," which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Kelly Blake, PE 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 2 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services,Inc. is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by 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 ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 3 #17-7072"Stormwater Utility Program Ph Stantec Consulting Service Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 0 4 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor 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. 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 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 5 #17-7072"Stormwater Utility Progra II" Stantec Consulting Se ,T, nc. 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. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or 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 Procurement 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 a Change Order or 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 6 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or 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 7 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would 8 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, 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. 9 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to to #17-7072"Stormwater Utility Program Phage II" . Stantec Consulting Services,Plc. 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 CONSULTANTS performance is or will shortly be back on schedule. 4.5. In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation," which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or material invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: The County agrees to pay the Consultant for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of 11 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services,Inc. CIO hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. 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 12 #17-7072"Stormwater Utility Program ase II" Stantec Consulting Services, Inc. additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, 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. 0 13 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County 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 14 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Ip.7.0 OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. (2) 15 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 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 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 any. 16 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 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. 0,6 17 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an 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 18 #17-7072"Stormwater Utility Program Phase II" 0 Stantec Consulting Services, Inc. giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, 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 theretobe i4 19 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding 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 of Collier County c/o Growth Management Division Capital Project Planning, Impact Fees & Program Mangement 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 Attention: Gino Santabarbara Telephone: 239-252-2925 Email: ginosantbarbara(a..colliergov.net 4111t 20 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 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: Stantec Consulting Services, Inc. 5801 Pelican Bay Blvd. Suite 300 Naples, Florida 34108 Phone: 239-649-4040 Attention: Kelly Blake, PE Email: kellyblake(&.stantec.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 21 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 17-7072 Terms and Conditions Consultant's Proposal OBJ, 22 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 publicC-7)9 entity for the construction or repair of a public building or public work; may 23 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 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 24 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 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. ********** 0 25 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Stormwater Utility Study the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Clerk By9: -0k Date: tc:tri------ By: C.-- Attest as tohainnan's Penny Tay , Chairma d signature only. Approve. -s to •rm and egality: a�t Al - _ Aounty A orney _____6_4:1LILAc..A.,,_ Name Stantec Consulting Services, Inc. 7 //, ",i/hA/.0e/ By: x 4 .1 ,o ...-- a/Z Witness / /, .� /�. 7/4 /r/V , .�&rel/Gly SGC'. //' Name and Title Name and Title l ,,,eery/ 4--.t--, / ,Z.--- -7 Wioess (r?Tuc---4, s7-altit, P.G. , dssacx-04rE Name and Title 7 9 26 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. SCHEDULE A SCOPE OF SERVICES COLLIER COUNTY, FLORIDA STORMWATER UTILITY PROGRAM Summary The Collier County Board of County Commissioners (BOCC) has directed staff to perform financial rate study to establish rates and total anticipated revenues from the allowable revenue sources identified in the creation of a stormwater utility program. This study and efforts discussed herein are referred to as Stormwater Utility Program - Phase II. The BOCC directed staff to retain a professional consultant to develop and provide the necessary analysis and materials required to properly make major policy decisions regarding rate structure, billing methodology, levels of service, and rate study methodology for implementing a stormwater utility. In addition, the final deliverables will be part of a presentation to the BOCC outlining specific recommendations regarding stormwater utility rates, level of service, multi-year financial analysis, and a stormwater utility public information program. Purpose The purpose of this scope of services is to provide the Consultant with the Collier County Stormwater Utility Program-Phase II efforts which will assist Collier County (County) and the BOCC in making specific management and policy decisions that will be required to address the final development and successful implementation of a stormwater utility program. The objectives of Phase II are as follows: 1. Conduct a detailed analysis of stormwater utility rate alternatives with recommendations as to the most viable rate structure suitable for the Collier County; 2. Review and evaluate all billing and collection methodologies and make appropriate recommendations; 3. Develop and establish a GIS Master Impervious Surface Data to Parcel Layer; 4. Conduct an initial survey of the community to determine the level of knowledge and acceptance of a stormwater utility system and develop a public information program strategy; 5. Develop preliminary system-wide cost and revenue projections for the County's stormwater utility program; and 6. Obtain consensus from the County regarding the rate study methodology, final rate structure, billing methodology, and level of service. The body of work will consist of several tasks and subtasks each with a clearly identified deliverables, derived from the Exhibit A, Scope of Services in the Request for Proposal. Several technical memoranda and reports will be developed to support the development of a final report documenting the work effort and decision making process necessary for the development of a final recommendation and presentation to the BOCC. The following technical A-1 #17-7072"Stormwater Utility Progra ase II" Stantec Consulting , Inc. memoranda, interactive modeling work sessions and reports will be developed as a part of this scope of services: Technical Memorandum # 1: Review Stormwater Utility System Goals and Objectives (Task 2.1) Technical Memorandum # 2: Review Current and Proposed Budgets and Cost of Service Estimates (Task 2.2) Technical Memorandum # 3: Alternative Rate Structure Development and Evaluation (Task 2.5) Technical Memorandum # 4: Legal Review and Analysis (Task 2.6) Technical Memorandum # 5: Organizational Structure and Budget Development (Task 3.1) Technical Memorandum # 6: Review of Billing and Collection Alternatives (Task 4.1) Technical Memorandum # 7: Legal Review and Analysis (Task 4.2) Technical Memorandum # 8: GIS / Digitizing Impervious Area (Task 4.3) Technical Memorandum # 9: Recommended Billing Mechanism (Task 4.4) Technical Memorandum # 10: Detailed Cost of Service Analysis and Rate Development (Task 7) Inactive Modeling Work Session #1: Financial Model Review (Task 2.3) Inactive Modeling Work Session #2: Cost of Service Model Review (Task 2.4) Inactive Modeling Work Session # 3: Financial Model Review to Demonstrate Funding Strategies and Level of Service (Task 3.2) Report #1: Initial Assessment Findings and Recommendation Report (Task 6) Report #2: Final Engagement Report (Task 5.4) Report #3: Develop Final Strategy and Work Plan for Billing and Collection System (Task 8) Report #4: Prepare and Present Final Report (Task 9) SCOPE OF WORK Task 1 — Project Initiation / Data Collection 1.1 Progress Meetings and Coordination A project kickoff meeting will be held with appropriate County staff and Stantec's project team, which will consist of representatives from the Offices of County Manager, Property Appraiser, Tax Collector, Clerk of the Court, and other members that may be identified at a later date. The A-2 #17-7072"Stormwater Utility Program Pha e Stantec Consulting Services, purpose will be to review the scope of the study; introduce the County staff and consultant team; and establish responsibilities and schedules. The working relationships established through this effort will contribute to the effective and timely completion of this rate study. The project kickoff meeting will be scheduled within two (2) weeks of receipt of notice to proceed. This task also includes up to twenty (20) periodic progress meetings that will be held with the County Project Manager and other staff as directed by the County Project Manager. Suspension of progress meetings will only be with the consent of the County Project Manager. Progress meetings will include the milestone meetings to review each technical memorandum deliverable as described below. An additional six (6) formal meetings are included to be scheduled as necessary and at the direction of the County Project Manager. Deliverables: Letters, transmittals, e-mails, and other forms of formal and informal communication as required. Each meeting will have an agenda and sign in-sheet prepared by Stantec. Meeting summary notes will be prepared, as necessary, by Stantec and submitted to all attendees within three (3) business days of the meeting for review and comment. 1.2 Data Collection To initiate the project, Stantec will prepare a data request list for submission to the County. Stantec will review the initial data provided by the County to develop an initial understanding of the operational parameters of the existing stormwater system. Supplemental data request(s) will be provided as necessary during the course of the study and data collection will continue throughout the life of the project. The initial data request list may include, but will not be limited to, the following: • Customer billing data • Maintenance records • County organization structure charts • Related engineering reports and studies. • Design documents, GIS information, and as-built drawings for existing and future facilities • GIS files of existing stormwater management service areas • Pertinent regulatory reports for the stormwater system • Other system data points, permits, agreements, and compliance requirements • Existing contracts for services, such as for maintenance and debris management • Existing stormwater hydraulic models • Existing stormwater Master Plan. • Operating and staffing costs • List of known or previously identified stakeholders or champions • AUIR supporting documentation • GIS inventory of Stormwater Infrastructure, if available For the duration of the Project, Stantec will coordinate with the County through regularly scheduled meetings, letters, transmittals, e-mails, memoranda, and other forms of formal and informal communication, as appropriate. o � A-3 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Deliverables: Stantec will perform periodic record requests. Stantec will maintain a database of all information collected as part of the scope of services. Database and supporting documentation will be provided to the County at the end of the work effort in electronic format. Up to four (4) thumb drives will be provided to the County with the associated electronic files. Task 2 — Evaluation of Revenue Requirements, Cost Allocation and Rate Structure Stantec will review the data provided by Collier County and will analyze stormwater revenue requirements, cost allocation and various rate structures. The review will incorporate the evaluation of data as it pertains to equivalent residential units (ERU's).The analysis will include: A. Generic review of stormwater utility programs in Florida and the US, that are similar regarding size and economic characteristics of Collier County; B. Advantages and disadvantages of each stormwater utility programs; C. Legal issues and possible constraints pertinent to various rate structures and their effect on other components of the program; and D. A high-level presentation of the range of rates to demonstrate the impact each rate structure may have on the potential consumer. 2.1 Review Stormwater Utility System Goals and Objectives The Evaluation of Revenue Requirements, Cost Allocation and Rate Structure must conform to the constraints and objectives of the stormwater utility, specifically intended for Collier County. Stantec will establish an understanding of these factors through review of existing policy, ordinances, resolutions and planning documents. Stantec will meet with representatives from several County departments including Stormwater, Coastal Zone Management, Transportation, Road Maintenance, Pollution Control, and Utilities to identify the County's stormwater management practices and to understand the County's current goals and objectives as it pertains to managing and maintaining the County's stormwater system. Stantec will then work closely with the Stormwater Department to identify and review the proposed stormwater utility goals and objectives for the County. These goals and objectives will be identified based on discussions with the County staff, review of existing policies and documents such as ordinances, resolutions, and prior studies. Deliverables: Deliverables will include a technical memorandum summarizing the review of the stormwater utility goals and objectives. The technical memorandum #1 will be provided to the County Project Manager via email in pdf format. 2.2 Review Current and Proposed Budgets and Cost of Service Estimates Stantec will review existing and projected budgets previously developed by Collier County, to assist in determining revenue requirements and to develop projections. Stantec will also contact, as necessary, County's legal staff and financial advisors, on questions pertaining to past and expected future financing and costs of capital investments, respectively. The County Stormwater Management team will confirm any long-term financing assumptions and strategies with projections and estimates based on experience in this area with the County advisory team. A-4 #17-7072"Stormwater Utility Program Phase I" Stantec Consulting Services, 0 The revenue requirements will be developed using the financial model discussed in subtask 2.3 below. The revenue requirements will include assumptions regarding economic factors and growth within the County. The revenue requirements will be developed on a line item level including operations and maintenance costs, personnel, non-operating and necessary capital investments for system expansion and replacement needs. The revenue requirements will be developed for a 10-year projection period. Deliverables: Deliverables will include a technical memorandum summarizing the review of current and proposed budgets and cost of service estimates. The technical memorandum #2 will be provided to the County Project Manager via email in pdf format. 2.3 Develop Financial Model To develop the system revenue requirements, Stantec will evaluate the effectiveness of alternative rate structures and the revenue sufficiency of the stormwater utility program, Stantec will develop a custom financial model that includes a five (5) and ten (10) revenue sufficiency and financial planning module which is used to develop a sustainable long-term financial business plan for the utility. The financial model allows Stantec's project team to work with the County staff and Commission to evaluate scenarios regarding capital improvement spending programs, level of stormwater maintenance funding, cost escalation factors, and other variables that impact the annual stormwater funding needs and ultimately the level of a potential stormwater fee. To facilitate the review of the funding strategies, Stantec will facilitate a formal meeting to display results on a control panel during live interactive work sessions with County staff. The control panel displays results of, not only the current scenario being evaluated, but also the last scenario against which the current scenario is being compared. This allows key participants in the interactive work sessions to clearly see the impacts of their alternative decision choices in terms of the financial consequences to the various financial parameters being tracked. The goal of the live interactive work session is to assist key stakeholders, such as personnel from finance, budgeting, engineering, operations, work towards solutions in an open environment. The result is consensus as to the solutions identified and confidence that all alternative solutions have been thoroughly evaluated. Deliverables: Deliverables will include an interactive modeling work session #1 with County staff to review the financial planning model and a document summarizing the work session provided to the County Project Manager via email in pdf format. 2.4 Cost of Service Analysis Once the revenue requirements have been developed, the Stantec team will complete a cost of service analysis. The purpose of the cost of service analysis is to develop the specific cost to service the various classes of customers within the County, on the basis of benefits received. Typical customer classes would include residential, commercial industrial and institutional. Stantec will identify the various cost of service characteristics and factors that can be used to determine the allocations of costs for each customer class based on industry standards and the availability of data. A-5 #17-7072"Stormwater Utility Prograrri„'tlase II" Stantec Consulting S is Inc. The initial cost of service analysis will be based on the allocation of the specific revenue requirements developed during the review of current and proposed budgets, and cost of service estimates. The cost of service analysis will be refined as part of the stormwater fee development process as the structure of the alternative fees are often influenced by the specific cost of service results. Deliverables: Deliverables will include an interactive modeling work session #2 with County staff to review the cost of service model and a document summarizing the work session provided to the County Project Manager via email in pdf format. 2.5 Develop Alternative Rate Structures Once the revenue requirements and cost of service analysis have been accurately modeled in the rate design model, Stantec will develop a series of alternative rate designs. The alternatives will be developed based on typical industry approaches such as impervious coverage, gross area and intensity of development, impervious and pervious coverage percentages and other alternatives that may be appropriate. To facilitate the analysis, Stantec will rely on the impervious area analysis. The alternatives will be evaluated based on their ability to meet the specific goals and objectives of the County's stormwater program. Stantec will review various apportionment methodologies based upon the understanding of the data and the stormwater system in order to develop the most appropriate cost allocation methods and rate structures for the County. As part of the evaluation of various rate methodologies, Stantec will also compare the alternatives developed for the County with other local utilities and/or comparable utilities throughout the country. Stantec will provide a benchmarking comparison of the current stormwater utilities operating in the State of Florida which will document the current stormwater fees along with the method of assessment. Deliverables: Deliverables will include a technical memorandum #3 summarizing the Alternative Rate Structures evaluation. The technical memorandum will be provided to the County Project Manager via email in pdf format. In addition, Stantec will conduct an interactive work session with the County staff to review the rate alternative model. 2.6 Legal Review and Analysis The Collier County Attorney's Office and/or outside legal consultant will assist the County Stormwater Management team in conducting a legal review of all Florida Statutes, case law, and County ordinances that may impact the final determination of rate methodology employed. They will also prepare and submit a memorandum summarizing the legal parameters for the program, including a description of necessary ordinances and resolutions and any notice requirements for adoption. Stantec's project team will review the findings developed during this task and provide input as appropriate. Deliverables: Deliverables will include a technical memorandum #4 summarizing the Stantec's comments and input regarding the legal review completed by the County or outside legal consultant. The technical memorandum will be provided to the County Project Manager via email in pdf format. A-6 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Task 3 - Preparation of Preliminary Budget/ Level of Service Stantec will develop a preliminary budget for the stormwater utility. The development of a preliminary budget for the stormwater utility will focus on the various levels of service that the County can provide within the community. The specific level of service discussion is a critical component of the study as it defines not only the level of service expectations within the community but typically has a significant impact on the magnitude of the stormwater fee. To complete the described preliminary budget and level of service analysis, Stantec will perform the subtasks described below. The memoranda will include the development of a technical memorandum that summarizes the work effort, results, and recommendations associated with each work subtask. 3.1 Organizational Structure and Budget Development Prior to developing a funding approach for the County's stormwater system, it is necessary to define the current and future state of the County's stormwater program. In most communities, the services related to stormwater management are spread throughout the entire organization and therefore it is necessary to do some investigation to identify the level of service provided within the current program. To facilitate review of the current program Stantec will review existing documentation, including the AUIR as updated, conduct interviews with County staff and provide a questionnaire that will allow us to document the types and frequency of activities completed within the County related to providing stormwater services. The current level of service will be documented in a detailed spreadsheet that will identify the current maintenance activities, planned capital projects and supporting resources (including staffing) dedicated to providing the current level of service. The framework developed to document the current level of service will be used to complete a stormwater program needs assessment. This assessment will identify the gaps in the current program to determine future levels of service. This will be accomplished by: • Evaluating the necessary increases in the frequency of maintenance activities • Identification of long-term capital improvement projects identified in previous studies and/or reports • Assessment of the age of current stormwater facility inventory of assets and resulting reinvestment needs • Identification of organizational and staffing needs to meet the requirements of the program Interviews with County staff may identify the need for capital improvement projects in areas that have not yet been studied and where specific improvements have not yet been proposed. These may include areas prone to flooding, water quality improvement initiatives, and regional watershed planning initiatives. Deliverables: Deliverables will include a technical memorandum #5 summarizing the proposed Organizational Structure and Budget Development. The technical memorandum will be provided to the County Project Manager via email in pdf format. A-7 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, 3.2 Financial Strategy and Evaluation of Financing Alternatives Based on the work completed in the prior task, Stantec will develop specific criteria by which the funding alternatives for the County's stormwater program can be evaluated. The criteria will consider the equity of the funding strategies and will outline four specific levels of service including existing, minimal, acceptable and optimal. The levels of service will be based on the development of the preliminary budget and the process described in task 3.1. The financial model developed during the study will be used to easily demonstrate the impacts of all four levels, in terms of the specific stormwater fees and property owner impacts. Deliverables: Deliverables will include an interactive modeling work session #3 with County staff to review the financial planning model to evaluate funding strategies and level of service options and a document summarizing the work session provided to the County Project Manager via email in pdf format. Task 4 - Review and Evaluation of Billing and Collection Alternatives To complete the described review and evaluation of billing and collection alternatives, Stantec will perform the subtasks described below. The memoranda will include the development of a technical memorandum that summarizes the work effort, results, and recommendations associated with each work subtask. 4.1 Review of Billing and Collection Alternatives Stantec will review and determine the current status and usefulness of various datasets (including utility billing and the County's Tax Collector's and Property Appraiser's database) as they relate the development of a stormwater utility billing system. Stantec will evaluate the existing datasets within the County to determine the ability to assess and bill a stormwater fee. Stantec will identify billing and collection alternatives that could be utilized by the County to assess a stormwater fee and provides benefits and disadvantages of using each approach. Stantec will identify a billing mechanism and perform a subsequent analysis to determine whether the County has the capacity to support the stormwater billing process, including hardware, software and data/collections. Stantec will also consider whether the billing system includes a process for identifying and changing the billing rates as parcels are modified through construction or land use. Deliverables: Deliverables will include a technical memorandum #6 summarizing the potential Billing and Collection Alternatives. The technical memorandum will be provided to the County Project Manager via email in pdf format. 4.2 Legal Review and Analysis Stantec's project team will work with the County Attorney's Office and/or outside legal counsel to review the legal Florida Statutes, case law and County ordinances to help inform the manner in which the County may assesses and collect a stormwater fee. Deliverables: Deliverables will include a technical memorandum #7 summarizing the Legal Review and Analysis. The technical memorandum will be provided to the County Project Manager via email in pdf format. A-8 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services,Inc. 4.3 GIS / Digitizing Impervious Area The objective of this task is for Stantec and their subconsultant LAGO Consulting and Services, to develop and apply methods that will provide an acceptable and reasonable estimation of the impervious area on individual lots within Collier County. Development patterns vary greatly across Collier County. Parcels vary from those included in the rural residential zoning of the Golden Gate Estates to the multi-family residential found in Developments of Regional Impact. The methods that the Stantec team will utilize will vary based on the location and zoning classification of individual parcels. 4.3.1 Data Collection and Processinq Create a project GIS repository comprised of current and available data. Data will be collected and processed to meet project criteria. It is expected that this data catalog will include but not be limited to the following: • Current Property Appraiser Parcel Data • Collier County Address Points • Collier County Road Centerlines • 2007 LiDAR • 2005 Planimetric with GMD updates • 2017 Aerial Images • Collier County Zoning Layer • Collier County Future Land Use Layer • Impervious percentage map from National Land Classification Dataset (NLCD) It is noted that in some areas of the County, parcel boundaries extend to the centerline of the road. One important element of this effort will be to define the extent of the roadway easement so that county maintained roads are not included in the impervious surface calculations. 4.3.2 Methodology Development Stantec will evaluate the county by geographic area and typical zoning classifications and develop a methodology for estimating the total impervious surface for single family residential private properties within the Stormwater Utility Areas. Ideally, a single approach would be applicable to all parts of the county; however, it is more likely that different approaches will be required for different geographic areas of the county. Stantec will work closely with the County, and other stakeholders identified by the County to define the appropriate methods to use for this analysis. The following describes a few potential approaches that may be applicable. The goal will be to define approaches that will estimate the extent of impervious area coverage per parcel where possible, which includes house/building footprint, driveway,=patio, etc. Then, the percentage of impervious area for each lot will be computed directly by dividing the impervious area by the parcel area. Examples of potential calculation methods are described below: A-9 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. The NLCD includes an estimation of percent impervious surface based on a 100 ft X 100 ft grid. It would be possible to evaluate this data to estimate the percent of impervious on a "per parcel" basis. The NLCD coverage is not complete and would require some level of ground-truthing to gain a high level of confidence in the results. The County Planimetric data set includes polygons that define the footprint of each building within the county. This dataset would be reviewed and updated based on aerial photography to represent current conditions. Additional GIS work/field investigations would be required to estimate the average area of driveways and other impervious surfaces on a typical lot. This approach has the advantage of being able to differentiate among neighbors inside homogeneous geographic areas, but the downside is that it may not cover all areas in the County. Another approach for estimating single family residential would rely on a "sampling" strategy within the confines of a logical geographic area in the County. Rather than estimate an impervious area for every individual lot, the calculations would be completed for a statistically significant number of lots that are similar in size and located within a similar geographic area of the County. Stantec will collaborate with the County to select appropriate homogenous geographic areas in which this statistical sampling mapping could be applied to define impervious values that would be assigned for the entire area. Sampling data will be spatially distributed throughout the entire County providing the total square footage of impervious surface for each parcel. Stantec will create an impervious area layer for each privately owned multifamily, commercial, and industrial parcel within unincorporated Collier County using a level of detail appropriate for this scope. The impervious surface will be created utilizing both remote sensing and heads-up digitizing. QA/QC will be performed at a desktop level only (no ground truthing). It is expected that further QA/QC will be required prior to utilizing the resulting impervious area for billing property owners. 4.3.3 Calculate Impervious Surface Area Per Parcel through the County The impervious surface area for each parcel within the specified geographic areas of the County with be calculated using the methods and procedures defined in Task 4.3.2. Privately owned parcels will have a field populated with the impervious area and the method used to generate the area. Deliverables: File geo database containing the impervious layer and parcels with attributed with the respective impervious area. 4.3.4 Parcel Analysis Utilizing ArcGIS geo processing tools, impervious surfaces areas will be extrapolated and spatially associated with the respective underlying County Zoning, Parcel boundary, future land use, and/or other layers as determined in the stated methodology developed in Task 4.3.2. This scope will produce a feature class with the following attributes: • Parcel Folio Ude A-10 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. • Parcel Site Address • Parcel Square Feet • Impervious area classification • Impervious Square Feet from classification • Percent Impervious from classification • Impervious Square Feet from impervious layer approach • Percent Impervious from impervious layer approach • Impervious Square Feet adopted • Percent Impervious adopted • Verified (Yes/No) Deliverables: Technical memorandum #8 summarizing the digitizing efforts and a package of GIS Shape files. The technical memorandum will be provided to the County Project Manager via email in pdf format. 4.4 Recommended Billing Mechanism Based on the review the available data, legal environment, and specific characteristics of the County, Stantec will develop specific stormwater fee billing mechanism recommendations. The recommendations will be largely based on the reliability and completeness of the data, the ability of the County to administer, maintain and implement the mechanism as well as the overall cost of the approach. Deliverables: Deliverables will include a Technical Memorandum #9 summarizing the Recommended Billing Mechanism. The technical memorandum will be provided to the County Project Manager via email in pdf format. Stantec will obtain comments and feedback on memorandum from County via email. Stantec will incorporate County comments into a final Report and submit the final report via email. At the request of the County Project Manager, Stantec will provide up to four (4) hard copies of the report. Task 5 - Public Information Program A key objective of any successful stormwater utility program is to develop a successful process by which information is clearly and accurately defined and made available to the public. To do this, a mechanism for facilitating access to information is required. It is important to distinguish between a public information program and a public awareness/support program. This task will include the development of the initial outline for a public education and support program. This program will be developed based on input received from the County elected officials, administration, staff, and the results of preliminary stakeholder meetings. If it is determined that a County citizens' advisory committee is to be formed, prior to completion of Phase II of this engagement, their comments will be solicited. Task 5.1 — Public Outreach Plan Stantec will conduct up to eight (8) meetings with Collier County staff to develop the vision and message for the project, focusing on the identified challenges and opportunities in creating a consistent and deliverable message for all public meetings and public interactions. Stakeholder groups and leaders will be identified. A-11 #17-7072"Stormwater Utility Program Phase 41" Stantec Consulting Services,Inc. Stantec and the County will identify up to six (6) NGO's that can be identified to support and assist in providing a positive messaging campaign with their members. Meetings will be held with these potential `Champions' to gauge their willingness and ability to positively impact the messaging for the Project. Deliverables: A public outreach plan, format and schedule will be developed and provided to Collier County in draft form, outlining the message, public outreach strategy, potential community champions and known challenges in providing information to and obtaining feedback from stakeholders. Task 5.2 — Small Group Outreach Building on the identification of stakeholder groups in Task 5.1 a three-person team (one county staff and two Stantec employees) will schedule and attend up to fifteen (15) small group meetings with the leaders of identified stakeholder groups. Meetings will be held on an informal basis (over coffee, in homes, etc.) as much as possible to keep the approach at a conversational level. The purpose of these meetings will be to inform the stakeholder leaders of the public engagement process and also to listen to ideas and concerns to better assist us in providing a meaningful public engagement platform. Deliverables: A written summary of the small group meetings will be provided, within fifteen (15) business days of the last scheduled meeting. Task 5.3 — Community Workshops / Engagement Sessions Stantec will work with County Staff to plan and execute up to five (5) Community Workshops, with one in each Commission District. Up to two additional smaller presentations in the more geographically remote portions of the County may also be necessary. Planning for these workshops will include up the three meetings to discuss format, content, and execution strategies. Stantec will prepare an informational presentation with the assistance of County staff to provide background information as part of the workshops. Stantec will coordinate with Collier County Communications and Customer Relations closely to serve the community and advertise the scheduled workshops. A multi-media, broad spectrum approach will be developed and specific tasks and timelines will be created by the County and the Public Information Manager for Stantec. Each workshop will be conducted with a focus on engagement and participation by those in attendance. To accomplish this, Stantec will provide a lead presenter and up to six (6) additional facilitators to work with the small groups that attend each workshop. The county will provide an additional four (4) facilitators who will received a condensed training session in advance of the first workshop. These facilitators will be present at each of the five workshops. The primary purpose of the workshops will be information gathering to assist the County in determining the issues, concerns and goals of the community as it relates to the Countywide Stormwater Program. A-12 #17-7072"Stormwater Utility ProgramVali" Stantec Consulting Servic c. At each workshop, the on-line survey which will be discussed and the launch date will be provided which will follow the final workshop by two weeks. The survey duration will be thirty (30) days. Deliverables: A written summary of each work shop as well as a listing of ideas generated at each will be provided within ten (10) business days of each workshop. After the final workshop, an overall summary will be created. Task 5.4 — Final Public Engagement Report Stantec will prepare a Draft Public Engagement Report that summarizes the total effort, including the NGO meetings, public outreach plan, small group outreach, public workshops, and survey results. This report will identify the strengths as well as the challenges related to the creation of the County Stormwater Utility, based on public input and interaction. Stantec will meet with up to ten (10) stakeholders identified as project champions to informally discuss the public engagement results and engage them to determine the best path to address any identified challenges. Based on the public engagement work and in concert with the effort identified in tasks 2, 3 and 4, a Project `story' will be identified that incorporates the public sentiment and input as part of the structure and form of the Utility. This message will become part of the findings and Recommendations report (Task 6). Deliverables: Deliverables will include a Final Engagement Report #2 summarizing the results and findings from stakeholders, NGO's and the public via the meetings, workshops and via the on-line survey. A plan to align the goals and desires of the community with the proposed Utility will be provided. The final report will be provided to the County Project Manager via email in pdf format. Stantec will obtain comments and feedback on memorandum from County via email. At the request of the County Project Manager, Stantec will provide up to four (4) hard copies of the report. Task 6 — Initial Assessment Findings and Recommendations Report Stantec will develop a report that summarizes findings and recommendations. The report will be comprised of the previously developed technical memorandum and will be written to broader audience. The report will be submitted to the County Project Manager for distribution to County staff. The report will consist of all technical memoranda, summaries, and detailed supporting schedules/data. The report will provide recommendations pertaining to the rate structure, methodology for billing and collections, cost of service analysis and strategy for a public engagement and information program. The report will be reviewed with the County Stormwater Management team for comment and input. Once this input is incorporated into the report, Stantec will present the report to the County Manager and Stormwater Management team. This will serve as a key point in the study to ensure that approach and recommendations are appropriate for the County and reflect the key goals and objectives of the community at large. Deliverables: Deliverables will include a Draft Report #1 summarizing the initial assessment findings and recommendations associated with the initial assessment. The report will be provided to the County Project Manager via email in pdf format. Stantec will obtain comments A-13 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, I dip and feedback on memorandum from County via email. Stantec will incorporate County comments into a final Report and submit the final report via email. At the request of the County Project Manager, Stantec will provide up to four (4) hard copies of the report. Task 7 - Detailed Cost of Service Analysis and Rate Development Once direction has been provided by the County Manager and Stormwater Management team, the Stantec project team will complete the remaining aspects of the study necessary to allow for implementation of a stormwater utility within the County. This will include a review and update of the detailed cost of service analysis and rate development completed in prior tasks. 7.1 Finalize System Revenue Requirements, Level of Service and Financial Management Plan Based on the worked completed in task 2, Stantec's project team will finalize the financial analysis for the stormwater system. The financial model developed during task 2 will be used to facilitate the analysis. The specific activities include the following: • Develop a detailed 5-year budget, a long-term 10-year budget, cash flow analysis, and revenue requirements for the stormwater system • Finalize the level of service analysis including the completion of the organizational structure and supporting budget • Finalize funding strategy for stormwater capital projects including various level of capital improvement plan execution • Identification of final staffing requirements • Finalize revenue sufficiency analysis to evaluate existing revenue levels • Demonstrate level of service changes on revenue requirements and impacts 7.2 Finalize Cost of Service Analysis Based on the worked completed in task 2, Stantec's project team will finalize the cost of service analysis for the stormwater system. The specific activities include the following: • Review of original cost of service allocation assumptions and update based on guidance provided by the County staff • Collection of additional data as required to complete the final cost of service analysis • Finalize cost of service allocation criteria • Finalize customer classes for cost of service • Distribute the system revenue requirements to the identified customer classes to identify cost of service by class 7.3 Develop and Test Final Rate Structure Based on the development of the financial management plan in Task 7.1 and the cost of service analysis in Task 7.2, Stantec will develop the final rate structure and rates for the stormwater system. Once the rates are fully developed Stantec will develop a full system bill tabulation to demonstrate the impact of the stormwater rates on all parcels. A-14 #17-7072"Stormwater Utility Program Ph e 17 Stantec Consulting Services,Inc. Deliverables: Stantec will develop a technical memorandum #10 on the detailed cost of service analysis and rate development. The technical memorandum will be provided to the County Project Manager via email in pdf format. Stantec will obtain comments and feedback on memorandum from County via email. A technical memorandum with comments incorporated, as necessary, will be submitted to the County Project Manager via email. Task 8 - Develop Final Strategy and Work Plan for Billing and Collection System Building on the billing and collection recommendations developed in prior tasks, Stantec will develop a recommendation for the final billing and collection system strategy and work plan. The report will outline the specific program methodology and how the approach comports with legal requirements within the state. The report will outline the specific procedures required to develop the stormwater utility master account billing file. This will include the development of the number of equivalent residential units (ERUs) within the County based on a statistical sample of the average impervious area for single family residential properties and a determination of ERUs for non-residential parcels in the County. The determination of the ERUs will be based on the detailed GIS analysis completed as part of Task 4 and finalized within this task. Deliverables: Stantec will prepare and deliver a draft report outlining the final billing and collection system strategy and work plan to the County Project Manager via email. Stantec will obtain comments and feedback on memorandum from County via email. A final report #3 with comments incorporated, as necessary, will be submitted to the County Project Manager via email. Task 9 - Prepare and Present Final Report At the conclusion of the study, Stantec will prepare a final report for presentation to the County. The draft report will be provided first the County staff for review and comment. Once the County comments and edits have been incorporated into the report Stantec will present the results of the study to the Board of County Commissioners. Stantec will coordinate County Staff on the development of presentation materials and talking points such as power points and graphics to present to Commissioners in one-on-one meetings attended by County staff and the consultant. The purpose of the meetings will be two-fold, both to inform and update as well as to gather additional information from Commissioners. Leading up to the public review and discussion of the proposed Utility Final Report, Stantec will work closely with County staff to inform Champions and community stakeholder leadership on the timing and schedule of upcoming public meetings or hearings. Stantec will attend one (1) meeting before the Collier County Planning Commission (if required) and one meeting with the Collier Board of Commissioners to present the final report and findings. The Presentation will be closely coordinated with key County Staff and a joint presentation is anticipated before both bodies. Deliverables: Stantec will prepare and deliver eight (8) hard copies of the final report along with an electronic copy. Stantec will prepare electronic presentation materials, including project graphics in electronic format and up to four foam mounted boards. A-15 #17-7072"Stormwater Utility Program Pha JWO Stantec Consulting Services, Task 10 — Project Specific Website 10.1 Website Development and Hosting Stantec and their subconsultant, QCA, will implement a public information website for the duration of this project. The purpose of this website is to inform the public of the project & project schedule and direct the public to an online survey that will be tailored to collect information associated with public needs and opinions as it pertains to a stormwater utility. The website will also allow the County to post information regarding public meetings and milestones associated with the project. Additionally, the website will provide the public with the ability to leave comments regarding the project. A preliminary list of website pages includes the following pages: • Home Page • Public Notification Page • Survey Page • Contact Us Page Stantec and its sub-consultants will meet with the County to develop the website layout and pertinent information to be included. This task includes website hosting for the duration of the project. The website will not include any project branding or links to the County's website. The website will not utilize the County logo and there will be no email services associated with the website. 10.2 Website Maintenance Stantec and/or their consultant QCA will update the website as directed by the County. QCA will receive content from Stantec and/or County. Website updates will go through an agreed upon approval process, as prescribed by the County. The approval process will be discussed and developed, and refined if necessary throughout the duration of the project. Deliverables: Stantec will develop and implement the project specific website. Stantec will provide periodic reports on website use, survey use, and general website traffic and communications. A-16 #17-7072"Stormwater Utility Program Pha- Stantec Consulting Services, SCHEDULE B BASIS OF COMPENSATION LUMP SUM AND TIME AND MATERIALS 1. MONTHLY INVOICES 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 status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any 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. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the Lump Sum and Time and Material payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to OWNER'S reasonable satisfaction. Item Task Description Lump Sum Time and Payment Schedule Materials Not To Exceed 1. Project Initiation and Data $16,740.00 $ Monthly Upon Percent Collection Complete of Task 2. Evaluation of Revenue $40,485.00 $ Monthly Upon Percent Requirements, Cost Allocation Complete of Task and Rate Structure 3. Preparation of Preliminary Budget $16,556.00 $ Monthly Upon Percent (Level of Service Analysis) Complete of Task 4. Review and Evaluation of Billing $90,134.00 $ Monthly Upon Percent and Collection Alternatives Complete of Task 5. Public Information Program $65,800.00 6. Initial Assessment Findings and $12,224.00 $ Monthly Upon Percent Recommendation Report Complete of Task 7. Detailed Cost of Service Analysis $29,228.00 $ Monthly Upon Percent and Rate Development Complete of Task 8. Develop Final Strategy and Work $27,012.00 $ Monthly Upon Percent Plan for Billing and Collection Complete of Task System 9. Prepare and Present Final Report $30,409.00 $ Monthly Upon Percent Complete of Task 10. Project Specific Website $14,725.00 $262,788.00 $80,525.00 GRAND TOTAL FEE (Total Items 1-10) $343,313.00 B-1 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services,t!) . ��.ai B.2.2. The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. 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, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Section B.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 the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSULTANT shall submit, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B-2 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 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 Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. 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 five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the OWNER. B-3 V #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Attachment 1 SCHEDULE B CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Technical Advisor - Financial Services $288.00 Project Manager - Financial Services $257.00 Management Consultant - Financial Services $205.00 Consultant - Financial Services $172.00 Analyst - Financial Services $133.00 Principal Engineer $206.00 Principal Municipal Planner $172.00 Senior Project Manager $172.00 Senior Engineer $157.00 Engineer $123.00 Senior Planner $139.00 Planner $110.00 Senior Designer $114.00 Project Manager $147.00 Project Manager Assistant $120.00 Designer $94.00 Senior GIS Specialist $139.00 GIS Specialist $102.00 Clerical/Administrative $65.00 Public Information Manager $120.00 B-4 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Public Information Officer $115.00 Public Information Assistance $105.00 Senior Scientist $118.00 Technician $72.00 Graphic Desiger $95.00 Website Designer $95.00 The above hourly rates are applicable to Time and Materials tasks only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added upon mutual agreement in advance and in writing by the Project Manager and the Consultant, without further Board approval. (7!)) B-5 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days For Completion Task Description from Date of Notice to Proceed for Services under this Agreement 1 Public Initiation and Data Collection 365 2 Evaluation of Revenue Requirements, 90 Cost Allocation and Rate Structure 3 Preparation of Preliminary Budget (Level 90 of Service Analysis) 4 Review and Evaluation of Billing and 120 Collection Alternatives 5 Public Information Program 270 6 Initial Assessment Findings and 120 Recommendation Report 7 Detailed Cost of Service Analysis and 120 Rate Development 8 Develop Final Strategy and Work Plan for 180 Billing and Collection System 9 Prepare and Present Final Report 240 10 Project Specific Website 365 GO D-1 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 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 D-1 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Servi nc. shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (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. D-2 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services,Inc. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable _X Not Applicable D-3 #17-7072"Stormwater onstility Program Phi II". Stantec Consulting Servi '10 (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: X Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Aggregate $2,000,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. D-4 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. (3) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. (4) 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 (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $1,000,000 D-5 #17-7072"Stormwater Utility Program se II" Stantec Consulting S 6 Inc. 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: X $1,000,000 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. D-6 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance 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 D-7 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services,Inc. 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 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Stantec Consulting Services, 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 Stormwater Utility Program Phase II are accurate, complete and current as of the time of contracting. Stantec Consulting Services, Inc. f//��u BY: TITLE: 9b" PtJrIp4I DATE: &.Z./.17 E-1 #17-7072"Stormwater Utility Program Phase II Stantec Consulting Se S, nc. lO SCHEDULE F KEY PERSONNEL Name Personnel Category % of time 15% Andrew Burnham Technical Advisor- Financial Services David Hyder Project Manager - Financial Services 45% Jeff Dykstra Management Consultant - Financial Services 25% Kyle Stevens Consultant - Financial Services 50% Patrick Luce Analyst - Financial Services 25% Tim Hancock Principal Municipal Planner 25% Kelly Blake, PE Senior Engineer 5% Manuel Perez Senior GIS Specialist 10% Corey Bernier GIS Specialist 15% Lisa Colburn, Kim Rimes Clerical/Administrative 10% (vette Batista Public Information Manager 20% Josh Philpott, Jared Beck, Public Information Officer 5%/ea. Brenda Surprenant Marcelo Lago, Peter deGolian Senior Scientist 10%/ea. Alexander Lago, Ruben Capote Technician 25% ea. Joe Duhamel, David Crigger, Graphic Designer 10%/ea. Dylan Conway, Sophia Tingle Website Designer 10%/ea. F-1 #17-7072"Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. C 7 ® DATE(MM/DD/YYYY) ACCRD CERTIFICATE OF LIABILITY INSURANCE 5/1/2018 6/22/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to 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). CONTACT PRODUCER Lockton Companies NAME: 444 W.47th Street,Suite 900 PHONE 1 FAX (A/C.No.Ext): I (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Travelers Property Casualty CO of America 25674 1415077 STANTEC CONSULTING SERVICES INC. 8211 SOUTH 48TH STREET INSURER C:American Guarantee and Liab.Ins. Co. 26247 PHOENIX AZ 85044 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 14780908 REVISION NUMBER: XXXXXXX 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. INSR TYPE OF INSURANCE ADDL SUER D/YYYY) (MM/Y LICY EXP D//YYYY) LIMITS LTR INSD WVD POLICY NUMBER (MM/ A X COMMERCIAL GENERAL LIABILITY Y N GL05415704 5/1/2017 5/1/2018 EACH OCCURRENCE $ 2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 300,000 X CONTRACTUAL/CROSS MED EXP(Any one person) $ 25,000 X XCU COVERED PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X ,TEC, X LOG PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y N TC2J-CAP-8E086819 5/1/2017 5/1/2018 COMBINED SINGLE LIMIT $ B TJ-BAP-8E086820 5/1/2017 5/1/2018 (Ea accident) 1,000,000 B X ANY AUTO TC2J-CAP-8E087017 5/1/2017 5/1/2018 BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED AUTOSBODILY INJURY(Per accident) $ XXXXXXX HIREDRED ONLY AUTOS NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (Per accident) _ $ XXXXXXX C x UMBRELLA LIAB X OCCUR N N AUC9184637 5/1/2017 5/1/2018 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y TC2J-UB-8E08592(AOS) 5/1/2017 5/1/2018 X , STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TRJ-UB-8E08593(MA,W1) 5/1/2017 5/1/2018 E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? N N/A EXCEPT FOR OH ND WA WY (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:17-7072-STORMWATER UTILITY PROGRAM PHASE II-AGREEMENT#17-7072.COLLIER COUNTY BOARD OF COMMISSIONERS IS AN ADDITIONAL INSURED FOR ANY AND ALL WORK PERFORMED IN COLLIER COUNTY AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AND THIS COVERAGE IS PRIMARY, AS REQUIRED BY WRITTEN CONTRACT.THE ADDITIONAL INSUREDS'OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY,AND THE AUTO LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY STANTEC CONSULTING SERVICES INC.WHERE REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments 14780908 COLLIER COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COUNTY COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL E. ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES FL 34112 AUTHORIZED REPRESENTATIV • 7 ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL05415704 COMMERCIAL GENERAL LIABILITY NAMED INSURED: SEE ATTACHED CERTIFICATE CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Location(s) Of Covered Operations: ALL LOCATIONS COVERED UNDER THIS POLICY, FOR LIABILITIES ARISING OUT OF OUR NAMED INSURED'S ACTIVITIES ONLY. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in performance of your ongoing operations for the additional insured(s)at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury" or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. CG 20 10 04 13 Page 1 of 1 Attachment Code:D522032 Certificate ID: 14780908 POLICY NUMBER: GL05415704 COMMERCIAL GENERAL LIABILITY NAMED INSURED: SEE ATTACHED CERTIFICATE CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Location And Description of Completed Operations: ANY LOCATION OR PROJECT WHERE YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXCEPT WHEN SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage"caused, in whole or in part, by"your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Attachment Code:D522054 Certificate ID: 14780908 ' ® DATE(MM/DD/YYYY) I AC RD CERTIFICATE OF LIABILITY INSURANCE 10/1/2017 6/22/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to 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). P CONTACT PRODUCER Lockton Companies NAME: 444 W.47th Street,Suite 900 PHONE FAX (NC.No.Ext): (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyds of London INSURED STANTEC CONSULTING SERVICES INC. INSURER B:AIG Specialty Insurance Company 26883 1414100 8211 SOUTH 48TH STREET INSURER C: PHOENIX AZ 85044 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 14780911 REVISION NUMBER: XXXXXXX 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. IEFF POLICY EXP NSR ADDLTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER (MMIDDPOLICY/YYYY) (MM/DD//YYYY) LIMITS LTR INSD WVD COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX _ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) $ XXXXXXX MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY X 'COr X LOC PRODUCTS-COMP/OP AGG $ XXXXXXX OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED HBODILY INJURY(Per accident) $ XXXXXXX HIRED RED ONLY AUTOS NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE MUTE EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX A Professional Liab N N GLOPR1601673 10/1/2016 10/1/2017 $3,000,000 PER CLAIM/AGG A NO RETROACTIVE DATE INCLUSIVE OF COSTS B Contractors Pollution Liab CP08085428 10/1/2016 10/1/2017 $3,000,000 PER LOSS DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:17-7072—STORMWATER UTILITY PROGRAM PHASE II—AGREEMENT#17-7072. CERTIFICATE HOLDER CANCELLATION 14780911 COLLIER COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COUNTY COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL E. ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES FL 34112 AUTHORIZED REPRESENTATIV I AI 41161'‘ ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Detail by Entity Name Page 1 of 3 Florida Departrneiot Of State D•i$ior;OF COR?ORAT,oeS Deoartrrieot of State / Division of Corooations / Search Records / Detail By Document Nurnt'er/ Detail by Entity Name Foreign Profit Corporation STANTEC CONSULTING SERVICES INC. Filing Information Document Number F01000005948 FEI/EIN Number 11-2167170 Date Filed 11/14/2001 State NY Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 12/27/2007 Event Effective Date 12/31/2007 Principal Address 10160-112 STREET NW SUITE 200 EDMONTON,ALBERTA T5K 2L6 CA Changed:02/05/2015 Mailing Address 10160-112 STREET NW SUITE 200 EDMONTON,ALBERTA T5K 2L6 CA Changed:02/05/2015 Registered Agent Name&Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed:02/14/2013 Address Changed:02/14/2013 Officer/Director Detail Name&Address Title PRESIDENT GOMES, ROBERT J http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/7/2017 Detail by Entity Name Page 2 of 3 10160-112 STREET NW SUITE 200 EDMONTON,ALBERTA T5K 2L6 CA Title SECRETARY ADDISON,JENNIFER A I 10160-112 STREET NW SUITE 200 EDMONTON T5K 2L6 CA Title TREASURER LEFAIVRE,DANIEL J 10160-112 STREET NW SUITE 200 EDMONTON T5K 2L6 CA Title DIRECTOR, EXECUTIVE VICE PRESIDENT,COO MURRAY,SCOTT L 1409 NORTH FORBES ROAD LEXINGTON,KY 40511 Title DIRECTOR,VICE PRESIDENT,ASST SECRETARY STONE,JEFFREY P 61 COMMERCIAL STREET SUITE 100 ROCHESTER, NY 14614 Title PRINCIPAL CUNNINGHAM,ROBERT R 6900 PROFESSIONAL PARKWAY EAST SARASOTA,FL 34240 Title SENIOR PRINCIPAL MORROW, KEITH 3200 BAILEY LANE SUITE 200 NAPLES, FL 34105 Title VICE PRESIDENT REAGAN,MICHAEL J 3700 PARK EAST DRIVE SUITE 200 CLEVELAND,OH 44122 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inquirytype=Entity... 6/7/2017 CERTIFICATE OF OFFICERS & DIRECTORS STANTEC CONSULTING SERVICES INC. (the "Corporation") I, Jeffrey P. Stone, Assistant Secretary of the Corporation, certify on behalf of the Corporation that the following are the officers and directors of the Corporation: Officers President Robert J. Gomes Executive Vice President & COO Scott L. Murray Executive Vice President & CBO Valentino DiManno Executive Vice President Richard K. Allen Executive Vice President W. Paul Allen Executive Vice President Leonard Castro Executive Vice President Carl Clayton Executive Vice President Steve Fleck Executive Vice President Gord Johnston Executive Vice President Mike A. Kennedy Executive Vice President Kirk M. Morrison Executive Vice President Eric Nielsen Executive Vice President Robert Seager Executive Vice President Stanis I.R. Smith Executive Vice President Russ Wlad Senior Vice President & CEO- Engineering Brian Larson Senior Vice President & CIO Chris McDonald Senior Vice President John Adams Senior Vice President Paul J.D. Alpern Senior Vice President Donald W. Armour, Jr. Senior Vice President Jamie Bagan Senior Vice President Donald R. Belliveau Senior Vice President Reno Fiorante Senior Vice President Anton Germishuizen Senior Vice President Isabelle Jodoin Senior Vice President Maurice Leger Senior Vice President Stuart E. Lerner Senior Vice President John P. Lortie Senior Vice President Lui Mancinelli Senior Vice President Dean Palumbo Senior Vice President Peter Salusbury Senior Vice President William F. Shelley Senior Vice President Keith Shillington Senior Vice President Emree Siaroff Senior Vice President Marjorie K. Simmons Senior Vice President Robert A. Wood Vice President Frank Aceto Vice President Jennifer A.I. Addison Vice President Kimberly J. Austin Vice President Dave Bennett Vice President David R. Bernier Z:\O_Stantec Risk Management\Florida_Offlcers and Dlrecfors\7016\Officers and DIrectors Cerfiflcate_2016.docx Page 1 of 3 Vice President Daniel Bernstein Vice President Nick Bokaie Vice President Walter Brandhuber Vice President Robert T. Carballo Vice President Ramon Castello Vice President Curt Chapman Vice President Annie Coull Vice President Don Craig Vice President Donald Del Nero Vice President Fermin A. Diaz Vice President James Eastwood Vice President Joseph Geller Vice President Kelly J. Gerry Vice President Roger (Don) Hensley Vice President Kenna Houncaren Vice President Peter J. Howe Vice President Douglas J. Johnson Vice President Donna L. Jones Vice President Bruce Knepper Vice President Paul R. Koch Vice President Soad Kousheshi Vice President Frederick A. Kramer Vice President Dave Lamontagne Vice President Guy H. Le Patourel Vice President Jon Lessard Vice President David Martin Vice President John S. Montgomery Vice President Bjorn Morisbak Vice President Dean Mullin Vice President Robert Mullins Vice President Brian Norris Vice President Dennis J. O'Brien Vice President Simon P. O'Byrne Vice President Eric T. Overton Vice President Troy Peoples Vice President Michael Reagan Vice President Alan D. Reynolds Vice President Todd Rhoads Vice President Ryan Roberts Vice President Alfonso Rodriguez Vice President Kenneth B. Rogers Vice President Eiliya H. Sabbagh Vice President Robert A. Simm Vice President Gary Sorge Vice President Carl Stegerwald Vice President Jeffrey P. Stone Vice President Scott Storlid Vice President John Take Vice President Mehmet B.Tin Vice President Joseph Uglevich Vice President Susan Walter Senior Principal Keith Morrow Z:\0_Stontec Risk Management\Florido_Officers and Directors\2016\Officers and Directors_Cerliflcafe 201 6,docx Page 2 of 3 Principal Robert R. Cunningham Senior Associate Thomas Westerman Associate & CEO - Surveying Jerome Means Manager Robert J. Sands Right of Way Officer Linda Brown Right of Way Officer Geraldine V. Webb Senior Counsel Jennifer A.I. Addison Senior Counsel Jeffrey P. Stone Corporate Counsel Cate Bernardo Corporate Counsel William A. Butler Corporate Counsel William J. Edwards Corporate Counsel Christopher O. Heisler Corporate Counsel Katharine LaFrance Corporate Counsel Christy J. Leonard Corporate Counsel Monique Marchioni Corporate Counsel Robert Ray Secretary Jennifer A.I. Addison Assistant Secretary Jeffrey P. Stone Treasurer Daniel J. Lefaivre Directors Scott L. Murray Jeffrey P. Stone Dated at the City of Rochester, New York, this 3rd day of March, 2016. STANTEC ON•ULTING SE'VICES INC. Per. teff -y , Sta Assi•fant Secretary Z:\O_Slantec Risk Management\Florlda_Of flcers and Directors\2016\Officers and Direciors_Ceriificale_2O16.docx Page 3 of 3