Agenda 07/10/2018 Item #11H07/10/2018
EXECUTIVE SUMMARY
Recommendation to award Contract No. 18-7245, “Professional Services for Collier County
Comprehensive Watershed Improvement Plan,” for time and material not to exceed $1,499,994 to
Taylor Engineering (Project No. 33554).
OBJECTIVE: To obtain professional engineering services for project development and permitting of the
Collier County Comprehensive Watershed Improvement Plan.
CONSIDERATIONS: Collier County’s Comprehensive Watershed Improvement Plan (CWIP) utilized
ten (10) major studies and reports developed by various local, state and regulatory agencies over the past
15 years to reduce freshwater flows into Naples Bay, restore fresh water flows into Rookery Bay, improve
water quality and re-hydrate approximately 10,000 acres of the Picayune Strand State Forest/South Belle
Meade area by linking hydrologic and ecological restoration projects that will function on a regional
basis. This project will allow the County to manage its natural resources in a more holistic,
comprehensive manner. Additionally, this project will complement the bordering Federal CERP-Picayune
Strand Restoration Project currently being executed by the US Army Corp of Engineers and South Florida
Water Management District.
On October 10, 2017, the Board approved and authorized (Resolution 2017-183; Item 16A14) the
submittal of a Restore Multi-Year Implementation Plan (MYIP) to the US Treasury as a prerequisite to
obtaining a Comprehensive Watershed Improvement Plan Grant.
On April 10, 2018 (Item 16A21), the Board approved the ranked list of proposers and authorized staff to
commence contract negotiations with Taylor Engineering. On April 24, 2018 (Item 16A3), the Board
also approved a Grant Award of $1,532,077.76 from the US Treasury to perform the project develo pment
and permitting to accomplish this project.
Although staff believes that the $1,499,994 will perform the clear majority if not the complete project
definition and permitting, additional funding may be required. Staff has received Letters of
Recommendation from all the regulatory agencies supporting this project; however, the final scope,
development effort, timing and permit issuance will completely be subject to the regulatory review and
approval of the permitting agencies. This process can be subjec tive and dependent upon code
interpretation.
FISCAL IMPACT: The contract award is for $1,499,994. Eligible costs of $1,464,078 will be requested
for reimbursement under the RESTORE Act Direct Component within the Growth Management Grants
Fund (711), Project 33554. The remaining project balance of $35,916 is programmed in the Stormwater
Capital Improvement Fund (325) in Fiscal Year 2019.
GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - CMG
RECOMMENDATION: To approve Contract No. 18-7245, “Professional Services for Collier County
Comprehensive Watershed Improvement Plan,” for time and material not to exceed $1,499,994 to Taylor
Engineering and authorize any necessary budget amendments.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
Division
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ATTACHMENT(S)
1. 18-7245 - Approved NORA (PDF)
2. Copy of CWIP_Budget_v2 (PDF)
3. CWIP Final Schedule A Taylor Engineering (PDF)
4. Exhibit G 18-7245 Grant (PDF)
5. TaylorEng COST ANALYSIS (PDF)
6. [Linked] 18-7245 PSA Single Project Agreement 2017.010. Ver1New (PDF)
7. [LINKED] 18-7245 Taylor Engineering_Contract_VendSign (PDF)
8. Collier County -- Watershed Plan -- Taylor Contract -- 2018.06.28 -- Acknowledgement
(DOCX)
9. [LINKED] 18-7245 Taylor Engineering_Contract_VendSign (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.H
Doc ID: 5748
Item Summary: Recommendation to award Contract No. 18-7245, “Professional Services for
Collier County Comprehensive Watershed Improvement Plan,” for time and material not to exceed
$1,499,994 to Taylor Engineering.(Gary McAlpin, Coastal Zone Manager, Capital Project Planning,
Impact Fees and Program Management)
Meeting Date: 07/10/2018
Prepared by:
Title: Accountant – Capital Project Planning, Impact Fees, and Program Management
Name: Gail Hambright
05/23/2018 9:14 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
05/23/2018 9:14 AM
Approved By:
Review:
Zoning Gary McAlpin Additional Reviewer Completed 05/23/2018 9:44 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 05/23/2018 10:33 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/23/2018 11:12 AM
Procurement Services Ted Coyman Additional Reviewer Completed 06/04/2018 11:41 AM
Procurement Services Swainson Hall Additional Reviewer Completed 06/05/2018 2:11 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 06/26/2018 11:24 AM
Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 06/29/2018 8:08 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/29/2018 8:17 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/29/2018 9:30 AM
Procurement Services Adam Northrup Additional Reviewer Completed 06/29/2018 12:14 PM
Growth Management Department James C French Deputy Department Head Review Skipped 06/26/2018 4:51 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/29/2018 1:13 PM
Grants Edmond Kushi Level 2 Grants Review Completed 06/29/2018 2:16 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/29/2018 2:35 PM
County Attorney's Office Scott Teach Additional Reviewer Completed 07/03/2018 9:06 AM
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Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/29/2018 2:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2018 2:58 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2018 3:37 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/29/2018 8:16 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/30/2018 11:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
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11.H.1
Packet Pg. 389 Attachment: 18-7245 - Approved NORA (5748 : 18-7245 Watershed Improvement Plan)
Collier County Comprehensive Watershed Improvement Plan - Project Development
Project Budget
Taylor Engineering May 17, 2018
Project Senior Project Staff Senior Project Staff
Principal Manager Professsional Professional Professional CAD/GIS CAD/GIS CAD/GIS Admin Intern
215 191 176 134 100 146 112 65 63 43 ETE Marco ESA Robau Lago RPI
1.1 Team Workshop and Data Compilation 8 32 4 8 16 0 0 0 0 0 11,208 4,000 6,160 2,000 3,500 4,977 31,845
1.2 Agency/Stakeholder Coordination and Pre-Application Meetings 16 192 40 20 0 0 0 0 0 0 $4,750 54,582 18,400 6,222 79,204
1.3 Environmental Data Collection and Analysis 4 60 192 40 80 0 0 0 0 0 59,472 416,590 75,815 551,877
1.4 Hydrologic, Hydraulic, and Water Quality Analysis 12 280 280 440 1,280 0 160 240 40 480 348,980 13,484 11,500 373,964
2.1 Permit Applications 4 160 120 240 100 0 120 0 80 0 113,180 50,208 163,388
2.2 Preliminary Design Plans 4 60 0 120 0 400 0 800 0 0 138,800 138,800
2.3 Grant Management 12 24 0 192 0 0 0 0 48 0 35,916 35,916
2.4 Contingency 125,000 125,000
Total 60 808 636 1,060 1,476 400 280 1,040 168 480 887,138 489,198 75,815 6,160 21,706 15,000 4,977 1,499,994
Subconsultant Fees ($)Total NTE
Fee ($)
Taylor
NTE Fee
($)Task Mileage
11.H.2
Packet Pg. 390 Attachment: Copy of CWIP_Budget_v2 (5748 : 18-7245 Watershed Improvement Plan)
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Schedule A – Scope of Services
Collier County Comprehensive Watershed Improvements Plan
Taylor Engineering, Inc.
5-17-2018
Phase 1 - Permitting Needs Assessment, Data Collection, and Analysis
The County and its consultants shall meet with various agencies with all available data compiled in a
useful format for such meetings, to determine what additional data is necessary for project permitting.
This phase is necessary to determine which permits and regulatory requirements may or may not be
necessary for the project. Following the needs assessment, the Consultant will collect additional data
and conduct targeted analyses required to support the Phase 2 permitting tasks. Phase 1 will consist of
the following activities:
1.1 Team Workshop and Preliminary Data Compilation
An initial workshop will be held in Collier County’s offices to facilitate the transfer of knowledge to the
Consultant Team including a discussion of potential permitting obstacles. Following the workshop,
compilation of data will include:
• Development of background information, including a detailed project description, site location
and anticipated environmental issues
• Compilation of relevant available data (including GIS data) to coordinate with regulatory
agencies in identifying potential environmental issues and permitting requirements
1.2 Agency/Stakeholder Coordination and Pre-Application Meetings
• Coordination and meetings with state and federal regulatory agencies for necessary monitoring
and permitting requirements for species, habitats and wetlands and may include:
o Meeting with Florida Forestry Service (FFS), U.S. Fish and Wildlife Service (USFWS),
Florida Fish and Wildlife Conservation Commission (FWC) and National Marine Fisheries
Service (NMFS) to review listed species and habitats potentially impacted by the
proposed project and develop list of species for which surveys should be implemented,
and to discuss permitting requirements
o Meet with U.S. Army Corps of Engineers (USACE) and Florida Department of
Environmental Protection (FDEP) to review preliminary wetland data (GIS-based) and
determine level of effort for wetlands characterization, including anticipated shifts in
vegetation, and anticipated permitting requirements.
o Meet with USACE and the U.S. Environmental Protection Agency (EPA) to determine the
level of effort for NEPA analysis
11.H.3
Packet Pg. 391 Attachment: CWIP Final Schedule A Taylor Engineering (5748 : 18-7245 Watershed Improvement Plan)
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• Coordination with USACE regarding Picayune Strand - It is anticipated that the nearby
restoration efforts for Picayune Strand have the potential to complicate the permitting
associated with the County’s project. While the South Florida Water Management District
(SFWMD) Big Cypress Basin (BCB) has been fully aware of the County’s project on a staff level,
projects being completed by state and federal agencies will be coordinated, at a technical and
staff level, with the County’s project. This effort will involve maintaining close coordination
between the County’s modeling team and the BCB and others as related to the use of the
USACE’s Gridded Surface/Subsurface Hydrologic Analysis (GSSHA; aka “Geisha”) model.
• Coordination with the City of Naples and Rookery Bay National Estuarine Research Reserve
(RBNERR).
• Meetings and Coordination with other stakeholders, including the Florida Department of
Transportation (FDOT), affected property owners and the public. This task may extend beyond
the initial permitting needs assessment phase and into the permit application phase.
Presentation and display materials for such meetings will be developed as required.
1.3 Environmental Data Collection and Analysis
This Task includes preliminary data collection to evaluate changes in habitat, actual rates of
infiltration and evapotranspiration, and changes in water quality associated with project
implementation. FFS highlighted the fact that it will be vital for the County to know the impacts of
its own project on things like water levels, habitat and water quality. As such, this effort is
anticipated to be designed as a Before and After, Control and Impact (BACI) study design and will
involve setting up a series of randomly located sampling locations in areas likely to be impacted by
project components (the Impact stratum) as well as areas outside of the footprint of the project (the
Control stratum). As well, data would be collected both before project completion, as well as after
project completion. Collected data would be used in any required modifications of the modeling
effort. The following components would be involved:
• Site selection of monitoring locations – The Consultant, in consultation with the County, will
design and implement an environmental data collection program. The objective of this
environmental data collection (i.e., monitoring) is to evaluate changes in habitat and water
quality that may occur with implementation of the CWIP. The Request for Proposals called for
30 random locations within the area of project impacts and 30 random locations in areas likely
to be unimpacted by the project. Sampling stations within the areas of project impacts must
represent the full range of areas affected by the CWIP features and they must remain suitable
for sampling over a long period. However, random site selection within the area targeted for
restoration may not be the best approach to sample site identification. The reference area may
contain a range of natural communities that the restoration plan wishes to replicate. Thus, we
will assess random and selected sample point alternatives for the County to review. The final
number and locations of monitoring sites will be determined at this stage in consultation with
the County and FFS.
11.H.3
Packet Pg. 392 Attachment: CWIP Final Schedule A Taylor Engineering (5748 : 18-7245 Watershed Improvement Plan)
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• Sampling locations will be surveyed in by a licensed survey and mapping firm, to include top of
well and natural ground.
• At each of the locations, bi-annual and quantitative sampling of the vegetation (up to 4 events)
o Species richness
o Species diversity
o Percent native vs. non-native
• At each of the locations, quarterly recording of water levels and/or groundwater levels via use
of piezometers and/or staff gages (up to 8 events)
• At each of the locations, quarterly collection of water quality data (for surface water samples)
for the following parameters (up to 8 events)
o Water temperature
o pH
o Dissolved oxygen
o Specific conductance
o Total nitrogen
o Total phosphorous
• Analysis and presentation of collected data in graphical and tabular format, as well as spatial
(GIS) mapping to include:
o Simple statistical measures (e.g. range, median standard deviation, and 25th and 75th
percentile) and GIS plots of data by location will be used to evaluate initial water quality
monitoring results. As data accumulate from multiple monitoring periods, more
advanced statistical methods may prove useful for data evaluation. Similarly, simple
statistics and GIS plots will suffice for initial evaluation of vegetation monitoring results
but other methods, including multivariate analyses may become useful as data
accumulate.
o Existing mapping of vegetation and habitat will be used and/or adapted where suitable,
such as the Florida Natural Areas Inventory (FNAI) mapping FLUCCS habitat mapping
currently underway for the Picayune Strand, expected to be available by summer of
2018.
o Identification of expected / observed water levels by habitat and projections of habitat -
level water elevation changes, potential community shifts, and seasonal summaries by
area
o Listed species habitats, habitat characterizations, GIS analysis of changes to habitat
footprints (if any) with additional wet season hydration
1.4 Hydrologic, Hydraulic, and Water Quality Modeling and Analysis
This effort may require modification of prior estimates of the degree of change in groundwater
elevations due to the Project. This will require refinements to the County’s MIKE SHE/MIKE-11 model
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Packet Pg. 393 Attachment: CWIP Final Schedule A Taylor Engineering (5748 : 18-7245 Watershed Improvement Plan)
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to reflect those changes and working to gain consensus with other agencies regarding model results.
This effort will focus on refining estimates of changes in groundwater elevations in the following
locations:
o Northern flow-way
o I-75 Canal and South Belle Meade spreader
o Picayune Strand State Forest and Picayune Strand Restoration Project
o Six L’s agricultural area
o Urban areas along Henderson Creek and south of U.S.41
Model refinements will incorporate the surface and groundwater level monitoring results from the
Task 1.3 data collection efforts, which will be used to further calibrate the MIKE SHE model with
respect to infiltration rates and evapotranspiration. Additional model detail (described below), will
help to leverage those data collection efforts to improve the robustness and reliability of the model
results.
Within the Henderson Creek/Belle Meade Watershed, the County’s previous consultant team adopted
previous model refinements implemented by Interflow Engineering, LLC (now a part of Taylor
Engineering, Inc.) as part of the Rookery Bay restoration study. Taylor Engineering recently updated the
County’s model for the SFWMD, as part of the Big Cypress Basin Flood Protection Level of Service
(FPLOS) project. This update included adding detail certain areas and improving the model calibration
for existing conditions. The BCB FPLOS version of the model contains all of the previous updates and will
serve as the basis for the updated existing conditions model.
The most significant model improvement the Taylor/Interflow Team made as part of the Rookery Bay
(Henderson Creek) restoration was to reduce the model grid cell size from the original 1,500 feet to 375
feet. That change allowed the simulation of overland flow in two dimensions within the Belle Meade
Flow-Way and other areas, where the previous model simulated all major overland conveyances using
only the 1-D MIKE-11 component. Smaller grid cells allow better representation of the natural
topography and thus more accurate representation of the 2-dimensional flow fields critical for
estimating wetland hydroperiods and water budgets. The current version of the County’s model utilizes
500-foot grid cells. If the project budget allows, the cell spacing could be reduced to 250 feet while still
maintaining reasonable simulation times. The increased accuracy would provide better representation
of overland flow, evapotranspiration, groundwater flows and levels, and wetland hydroperiods in the
areas of interest, thus resulting in a more reliable and defensible modeling tool to support final design
and permitting.
Interpreting the model results of both current and proposed conditions will be closely coordinated with
the wetland scientists and ecologists within the Taylor team and stakeholder agencies such as the FFS
and FWC. This effort will help to ensure the proposed project will result in hydrology suitable to support
the target vegetation communities.
Nutrient modeling of pre- and post- project conditions will be required to demonstrate the levels of
nitrogen and phosphorus removal provided by the constructed flow-ways and within the Belle Meade
flow-way. Depending on the requirements of FDEP, this effort may require a more sophisticated water
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Packet Pg. 394 Attachment: CWIP Final Schedule A Taylor Engineering (5748 : 18-7245 Watershed Improvement Plan)
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quality modeling approach that utilizes the results of the hydraulic and hydrologic modeling currently
available. This could be accomplished either via a more sophisticated analytical approach, or by utilizing
the water quality module built-in to the MIKE SHE software. The approach for this effort will be refined
following initial discussions with FDEP.
Phase 2 – Permitting and Grant Management
This second phase of project development is preparation of design plans suitable to support permit
applications, along with all required data, narratives, and exhibits. Initial agency coordination in Phase 1
will have determined the permitting requirements for species, habitats, wetlands, and infrastructure.
Subsequent pre-application meetings with agencies having jurisdiction over the project will establish the
level of information required to achieve completeness for agency review.
2.1 Prepare Permit Applications
Depending on the results of the Permitting Needs Assessment and data collection activities, it is
anticipated that sufficient funding may remain to perform permitting and design activities required by
regulatory agencies for the following permits:
• SFWMD Conceptual Environmental Resource Permit (ERP)
• USACE Federal Dredge and Fill Permit
Task includes development of permit applications and associated narratives, analyses, and exhibits such
as:
• GIS mapping of vegetation and species pre- and post-project (projected),
• Water level and depth mapping pre- and post-project for an array of conditions including
expected seasonal changes and design storm events required per the Basis of Review,
• NEPA support including environmental and biological assessments, and
• Responses to requests for additional information (RAIs)
2.2 Prepare Preliminary Design Plans
The activities completed in Phase 1 will be used to update the design parameters of the previous
(Atkins, 2016) conceptual design plans. The Consultant will develop a refined and updated set of
conceptual/preliminary drawings that will serve to support the permit applications. These drawings will
not be of sufficient detail for construction but will convey the design intent suitable for a conceptual
ERP. Design-level surveys of individual project areas (i.e., for preparation of final construction drawings)
are not included in this effort.
2.3 Grant Management Activities
Collier County has pledged all of Pot 1 ($6M) and all of Pot 3 ($12M) to the execution of this project. The
total cost of this project is estimated to be approximately $32M leaving a funding shortfall of
approximately $14M. Grant management services are anticipated to work with staff to identify, educate
and secure additional funding sources from federal and state decision makers within the RESTORE Act
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Packet Pg. 395 Attachment: CWIP Final Schedule A Taylor Engineering (5748 : 18-7245 Watershed Improvement Plan)
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umbrella to complete the funding of this project.
As part of this phase, the Taylor Team will assist the County in preparing materials to support grant
applications for the balance of funds needed for construction. Initial efforts will likely focus on Pot 2 of
the RESTORE Act funds. We will also seek other potential funding mechanisms in the event the RESTORE
funding (beyond the $18 million already identified) falls short of the estimated $32 million cost. In
addition to those sources the County has already identified other potential opportunities including the
NOAA Coastal Resilience Grant and the National Fish & Wildlife Foundation.
This task also includes assisting the County with monitoring, reporting, and submittals for expenditure
reimbursements for the currently committed RESTORE Act funding.
Assumptions
Due to the uncertainty associated with permitting a project of this size and complexity, several
assumptions were required in the developing this Scope of Work. If any of these assumptions prove to
be erroneous, adjustments to the scope and budget will likely be necessary:
1. Salinity modeling of Rookery Bay mangrove wetlands and Rookery Bay open waters receiving
freshwater inflows will not be required. Predictions of current wet season freshwater deficits will
be sufficient to support regulatory acceptance of proposed flows into Rookery Bay.
2. Any necessary water quality sampling within Rookery Bay or the adjacent coastal wetlands will be
undertaken by others.
3. Existing data and/or literature values on surface sediment nutrient concentrations are sufficient
to use as the basis for nutrient modeling to verify nitrogen and phosphorus removal predictions
as water passes from the GGC to the Six-Ls agricultural area (summarized in CCWIP [Final]
September 23, 2013, pp 52-52). Modeling will apply analytical models of nitrogen and
phosphorus species to estimate soil and water column nutrient dynamics, possibly in
conjunction with the MIKE SHE modeling using the ECO Lab module.
4. No modeling of soil – water column nutrient exchanges or dynamics in the Six-Ls agricultural area
will be performed as part of this project.
5. Sufficient water quality data from the Six-Ls agricultural area (or similar tomato farm
environments elsewhere in Florida) are available to make preliminary assessments of effects of
those soils on water quality if used as a flow-way and preliminary assessment of potential
vegetation community and wildlife impacts associated with restoration of wetlands on tho se
properties.
6. As part of stakeholder outreach efforts, Collier County will assist in identifying the stakeholder
groups and contacts, meeting locations and other support details.
7. The SFWMD and USACE will lead state and federal permit application reviews. The Consultant
will request a conceptual ERP from SFWMD and a dredge and fill permit from the USACE.
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Packet Pg. 396 Attachment: CWIP Final Schedule A Taylor Engineering (5748 : 18-7245 Watershed Improvement Plan)
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8. No Florida Department of Transportation (FDOT) drainage connection permits are included at this
stage of project development.
9. Survey requirements limited to the well locations (approximately 60).
References
Atkins, 2016. Collier County Comprehensive Watershed Improvement Plan. Prepared for Collier County
and the Rookery Bay National Estuarine Research Reserve.
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Packet Pg. 397 Attachment: CWIP Final Schedule A Taylor Engineering (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 398 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 399 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 400 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 401 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 402 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 403 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 404 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 405 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 406 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 407 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 408 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 409 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 410 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 411 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
TBD TBD
TBD TBD
TBD
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Packet Pg. 412 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
14499 N. Dale Mabry Hwy, Ste 290
Tampa, FL 33618
813-963-6469
WWW.TAYLORENGINEERING.COM
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Packet Pg. 413 Attachment: Exhibit G 18-7245 Grant (5748 : 18-7245 Watershed Improvement Plan)
COST ANALYSIS: FAIR AND REASONABLE
PURPOSE: Grantees are required to perform a cost analysis when adequate competition is lacking. The depth of
the cost analysis is dependent upon the complexity of the project or proposal. All cost analyses evaluate separate
elements that make up the cost or proposal including profit and fees. A cost analysis is used when:
• Price analysis will not provide sufficient information.
• Procurement type is the sole source method, including contract modifications or change orders.
SOLICITATION #
SUPPLIES AND/OR SERVICES TO BE FURNISHED
DETAIL DESCRIPTION OF COST ELEMENTS Attach Vendor Schedule of Values (SOV) if applicable
Cost Element
Pre
Negotiated OR
Estimated
Price
Negotiated or
Bid Price
Analysis
DIRECT LABOR
MATERIALS / PRODUCTS
EQUIPMENT
DIRECT EXPENSES
MARKUP, OVERHEAD, PROFIT
OTHER COSTS / EXPENSES
GRAND TOTAL
est. FY14 v. 2
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Packet Pg. 414 Attachment: TaylorEng COST ANALYSIS (5748 : 18-7245 Watershed Improvement Plan)
VENDOR SELECTED:
JUSTIFICATION / REASON:
PREPARED BY:
Name
Date
est. FY14 v. 2
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Packet Pg. 415 Attachment: TaylorEng COST ANALYSIS (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 416 Attachment: TaylorEng COST ANALYSIS (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 417 Attachment: TaylorEng COST ANALYSIS (5748 : 18-7245 Watershed Improvement Plan)
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Packet Pg. 418 Attachment: TaylorEng COST ANALYSIS (5748 : 18-7245 Watershed Improvement Plan)
CONTRACT COMMENTS per SAC #1
Date: 6/28/2018
Applicant: Collier County
Grant #: RDCGR060041-01-00
Project Title: Comprehensive Watershed Improvement Plan Project Development and
Permitting
Reviewer: John Stutts, Contact: john.stutts@treasury.gov
In accordance with Special Award Condition (SAC) #1 of the above referenced grant, prior to
the execution of all contracts for this project, Collier County must submit to Treasury
documentation, satisfactory to Treasury, including a copy of the RFP (or similar), bid review
documentation, signed conflict of interest forms, and draft contract for OGCR review for each
contract procured under this award.
We have reviewed the documentation submitted on and following March 5, 2018 to support the
procurement of Taylor Engineering, Inc. in accordance with SAC #1, and find them acceptable.
However, Phase 2.3 – Grant Management Activities, as included in Schedule A of the contract,
is outside the scope of work for Direct Component award RDCGR060041. Direct Component
award funds may not be used for these activities.
11.H.8
Packet Pg. 419 Attachment: Collier County -- Watershed Plan -- Taylor Contract -- 2018.06.28 -- Acknowledgement (5748 : 18-7245 Watershed Improvement
Page 1 of 32
PSA Single Project Agreement 2017.010 Ver.1
PROFESSIONAL SERVICES AGREEMENT
Contract # ___
for
“ _ ______________________ ”
CCNA NON-CCNA
.
THIS AGREEMENT is made and entered into this day of ____________, 20 ___ by
and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the “COUNTY”) and
_____ _________________ , authorized to do business in the
State of Florida, whose business address is _______________________
(hereinafter referred to as the "CONSULTANT" and/or “CONTRACTOR”).
W I T N E S S E T H:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning ___________________________
(hereinafter referred to as the "Project"), said services being more fully described in Schedule A,
"Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional 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 COUNTY 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
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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 the COUNTY.
1.5. CONSULTANT designates 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 Coo rdinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY’s prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultant s 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 personn el so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY 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 COUNTY'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:
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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 f ollowing 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 pu blic 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 confidentia l 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.
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.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTYS 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.
1.9. 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 an d 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 notif ication of
deficiency, if the CONSULANT 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
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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.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non -public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, 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) Coordina te 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 the COUNTY. 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
2.1. If authorized in writing by the COUNTY 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 the COUNTY’s Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
the COUNTY 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. the COUNTY will not be responsible
for the costs of Additional Services commenced without such express prior written approval.
Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of
any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT
that such Work is not additional but rather a part of the Basic Services required of CONSULTANT
hereunder. If the COUNTY 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 the COUNTY of the emergency within forty-eight (48) hours from when
CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight
(48) hour written notice noted above, waives CONSULTANT’s right it otherwise may have had to
seek an adjustment to its compensation or time of performance under this Agreement. The
following services, if not otherwise specified in Schedule A as part of Basic Services, shall be
Additional Services:
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2.2. 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.
2.3. 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, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY 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.
2.4. Providing renderings or models for the COUNTY's use.
2.5. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.6. Furnishing services of independent professional associates and consultants f or other than
the Basic Services to be provided by CONSULTANT hereunder.
2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY 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).
2.10. 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
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY'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 authorit y to transmit
instructions, receive information, interpret and define the COUNTY'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 instru ctions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
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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 COUNTY 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 the COUNTY '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 COUNTY'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
COUNTY with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any
designated portion of the Project and shall be performed and completed in accordance with t he
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 COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specifi c 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 the
COUNTY 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 the COUNTY.
CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time
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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 cal endar days, CONSULTANT’s compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such
delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY 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 COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on
schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT
be deemed a waiver of any right or claim the COUNTY 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 COUNTY 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 contractor for the amount of labor
time spent by the CONSULTANT 's employees and subcontractors to perform the work (number
of 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, o r 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. Grant Funded: The hourly rates as set forth and identified in Schedule
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B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor
agency.
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY 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"). The COUNTY 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 the COUNTY
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 the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY’s use on this
Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this
license to the COUNTY. Further, CONSULTANT consents to the COUNTY’s use of the Project
Documents to complete the Project following CONSULTANT’s termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges the COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by the COUNTY.
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 Agree ment
or (b) the date the Project is completed, whichever is later, or such later date as may be required
by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall,
free of charge, have the right to audit, inspect and copy a ll 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 the COUNTY, 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
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any other rights or remedies which otherwise may be available to an inde mnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.1.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT’s obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
9.2. All insurance shall be from responsible companies 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 Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier
County Government, 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
the COUNTY 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 the COUNTY 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 the COUNTY 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.
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9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, 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 COUNTY. 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 COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY 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 COUNTY 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. All personne l, identified in
Schedule F shall not be removed or replaced without the COUNTY’s prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or
subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume
toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by
this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement
shall preserve and protect the rights of the COUNTY under this Agreement with respect to the
Services to be performed by the subconsultan t or subcontractor so that the sub consulting 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 the COUNTY 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 the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall
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provide that, at the COUNTY’s discretion, they are assignable to the COUNTY 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 the COUNTY arising out
of this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptan ce of CONSULTANT's services nor payment
by the COUNTY shall be deemed to be a waiver of any of the COUNTY'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 the COUNTY 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 the COUNTY, 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 COUNTY 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 the COUNTY 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 the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTA NT. In the event of such
termination for convenience, CONSULTANT'S recovery against the COUNTY 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 CO NSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against the
COUNTY, 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.
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12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT’s possession or under its control.
12.5. The COUNTY 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) the COUNTY 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) the COUNTY otherwise persistently fails to fulfill some material
obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY
has failed to cure such default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such
default is cured, after giving THE COUNTY 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 the COUNTY of
CONSULTANT’s intent to terminate this Agreement. If the COUNTY 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 COUNTY, terminate the Agreement and
recover from the COUNTY 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 the COUNTY.
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. CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate,
attached hereto and incorporated herein as Schedule E, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT’s services to be provided under
this Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the COUNTY 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.
Page 13 of 32
PSA Single Project Agreement 2017.010 Ver.1
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 COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Director: _____________________________________________
Division Name: _____________________________________________
Address: _____________________________________________
_____________________________________________
Administrative Agent/PM: _____________________________________________
Telephone: _____________________________________________
E-Mail(s): _____________________________________________
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: _____________________________________________
Address: _____________________________________________
_____________________________________________
Authorized Agent: _____________________________________________
Attention Name & Title: _____________________________________________
Telephone: _____________________________________________
E-Mail(s): _____________________________________________
Page 14 of 32
PSA Single Project Agreement 2017.010 Ver.1
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 the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY 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 the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein , and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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 CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: __________________________________________
Solicitation # ______________, including all Attachment(s), Exhibit(s) & Addendum
Consultant’s Proposal
Page 15 of 32
PSA Single Project Agreement 2017.010 Ver.1
17.10. Grant Funded Projects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY’s Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY’s discretion.
17.11. Applicability. Sections corresponding to any checked box ( ) expressly apply to the
terms of this Agreement.
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 the COUNTY 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 the COUNTY
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 the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
Page 16 of 32
PSA Single Project Agreement 2017.010 Ver.1
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 represent atives of CONSULTANT
with full decision-making authority and by the COUNTY’s staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of deposi tions 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
the COUNTY’s staff person who would make the presentation of any settlement reached at
mediation to the COUNTY’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 C ONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
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PSA Single Project Agreement 2017.010 Ver.1
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
, Chairman
Approved as to Form and Legality:
County Attorney
Name
Consultant:
Consultant’s Witnesses:
By:
Witness
Name and Title Name and Title
Witness
Name and Title
Page 18 of 32
PSA Single Project Agreement 2017.010 Ver.1
SCHEDULE A
SCOPE OF SERVICES
following this page (pages ____ through ___)
1
18-7245 – Collier County Comprehensive Watershed Improvement Plan
Schedule A
Phase 1 - Permitting Needs Assessment, Data Collection, and Analysis
The County and its consultants shall meet with various agencies with all available data compiled in a
useful format for such meetings, to determine what additional data is necessary for project permitting.
This phase is necessary to determine which permits and regulatory requirements may or may not be
necessary for the project. Following the needs assessment, the Consultant will collect additional data
and conduct targeted analyses required to support the Phase 2 permitting tasks. Phase 1 will consist of
the following activities:
1.1 Team Workshop and Preliminary Data Compilation
An initial workshop will be held in Collier County’s offices to facilitate the transfer of knowledge to the
Consultant Team including a discussion of potential permitting obstacles. Following the workshop,
compilation of data will include:
• Development of background information, including a detailed project description, site location
and anticipated environmental issues
• Compilation of relevant available data (including GIS data) to coordinate with regulatory
agencies in identifying potential environmental issues and permitting requirements
1.2 Agency/Stakeholder Coordination and Pre-Application Meetings
• Coordination and meetings with state and federal regulatory agencies for necessary monitoring
and permitting requirements for species, habitats and wetlands and may include:
o Meeting with Florida Forestry Service (FFS), U.S. Fish and Wildlife Service (USFWS),
Florida Fish and Wildlife Conservation Commission (FWC) and National Marine Fisheries
Service (NMFS) to review listed species and habitats potentially impacted by the proposed
project and develop list of species for which surveys should be implemented, and to
discuss permitting requirements
o Meet with U.S. Army Corps of Engineers (USACE) and Florida Department of
Environmental Protection (FDEP) to review preliminary wetland data (GIS-based) and
determine level of effort for wetlands characterization, including anticipated shifts in
vegetation, and anticipated permitting requirements.
o Meet with USACE and the U.S. Environmental Protection Agency (EPA) to determine the
level of effort for NEPA analysis
• Coordination with USACE regarding Picayune Strand - It is anticipated that the nearby
restoration efforts for Picayune Strand have the potential to complicate the permitting associated
with the County’s project. While the South Florida Water Management District (SFWMD) Big
Cypress Basin (BCB) has been fully aware of the County’s project on a staff level, projects being
completed by state and federal agencies will be coordinated, at a technical and staff level, with
the County’s project. This effort will involve maintaining close coordination between the County’s
modeling team and the BCB and others as related to the use of the USACE’s Gridded
Surface/Subsurface Hydrologic Analysis (GSSHA; aka “Geisha”) model.
2
• Coordination with the City of Naples and Rookery Bay National Estuarine Research Reserve
(RBNERR).
• Meetings and Coordination with other stakeholders, including the Florida Department of
Transportation (FDOT), affected property owners and the public. This task may extend beyond
the initial permitting needs assessment phase and into the permit application phase.
Presentation and display materials for such meetings will be developed as required.
1.3 Environmental Data Collection and Analysis
This Task includes preliminary data collection to evaluate changes in habitat, actual rates of
infiltration and evapotranspiration, and changes in water quality associated with project
implementation. FFS highlighted the fact that it will be vital for the County to know the impacts of its
own project on things like water levels, habitat and water quality. As such, this effort is anticipated to
be designed as a Before and After, Control and Impact (BACI) study design and will involve setting up
a series of randomly located sampling locations in areas likely to be impacted by project components
(the Impact stratum) as well as areas outside of the footprint of the project (the Control stratum). As
well, data would be collected both before project completion, as well as after project completion.
Collected data would be used in any required modifications of the modeling effort. The following
components would be involved:
• Site selection of monitoring locations – The Consultant, in consultation with the County, will
design and implement an environmental data collection program. The objective of this
environmental data collection (i.e., monitoring) is to evaluate changes in habitat and water
quality that may occur with implementation of the CWIP. The Request for Proposals called for 30
random locations within the area of project impacts and 30 random locations in areas likely to be
unimpacted by the project. Sampling stations within the areas of project impacts must represent
the full range of areas affected by the CWIP features and they must remain suitable for sampling
over a long period. However, random site selection within the area targeted for restoration may
not be the best approach to sample site identification. The reference area may contain a range
of natural communities that the restoration plan wishes to replicate. Thus, we will assess random
and selected sample point alternatives for the County to review. The final number and locations
of monitoring sites will be determined at this stage in consultation with the County and FFS.
• Sampling locations will be surveyed in by a licensed survey and mapping firm, to include top of
well and natural ground.
• At each of the locations, bi-annual and quantitative sampling of the vegetation (up to 4 events)
o Species richness
o Species diversity
o Percent native vs. non-native
• At each of the locations, quarterly recording of water levels and/or groundwater levels via use of
piezometers and/or staff gages (up to 8 events)
• At each of the locations, quarterly collection of water quality data (for surface water samples) for
the following parameters (up to 8 events)
o Water temperature
o pH
o Dissolved oxygen
o Specific conductance
3
o Total nitrogen
o Total phosphorous
• Analysis and presentation of collected data in graphical and tabular format, as well as spatial
(GIS) mapping to include:
o Simple statistical measures (e.g. range, median standard deviation, and 25th and 75th
percentile) and GIS plots of data by location will be used to evaluate initial water quality
monitoring results. As data accumulate from multiple monitoring periods, more advanced
statistical methods may prove useful for data evaluation. Similarly, simple statistics and
GIS plots will suffice for initial evaluation of vegetation monitoring results but other
methods, including multivariate analyses may become useful as data accumulate.
o Existing mapping of vegetation and habitat will be used and/or adapted where suitable,
such as the Florida Natural Areas Inventory (FNAI) mapping FLUCCS habitat mapping
currently underway for the Picayune Strand, expected to be available by summer of
2018.
o Identification of expected / observed water levels by habitat and projections of habitat -
level water elevation changes, potential community shifts, and seasonal summaries by
area
o Listed species habitats, habitat characterizations, GIS analysis of changes to habitat
footprints (if any) with additional wet season hydration
1.4 Hydrologic, Hydraulic, and Water Quality Modeling and Analysis
This effort may require modification of prior estimates of the degree of change in groundwater elevations
due to the Project. This will require refinements to the County’s MIKE SHE/MIKE-11 model to reflect
those changes and working to gain consensus with other agencies regarding model results. This effort
will focus on refining estimates of changes in groundwater elevations in the following locations:
o Northern flow-way
o I-75 Canal and South Belle Meade spreader
o Picayune Strand State Forest and Picayune Strand Restoration Project
o Six L’s agricultural area
o Urban areas along Henderson Creek and south of U.S.41
Model refinements will incorporate the surface and groundwater level monitoring results from the Task
1.3 data collection efforts, which will be used to further calibrate the MIKE SHE model with respect to
infiltration rates and evapotranspiration. Additional model detail (described below), will help to leverage
those data collection efforts to improve the robustness and reliability of the model results.
Within the Henderson Creek/Belle Meade Watershed, the County’s previous consultant team adopted
previous model refinements implemented by Interflow Engineering, LLC (now a part of Taylor
Engineering, Inc.) as part of the Rookery Bay restoration study. Taylor Engineering recently updated the
County’s model for the SFWMD, as part of the Big Cypress Basin Flood Protection Level of Service
(FPLOS) project. This update included adding detail certain areas and improving the model calibration for
existing conditions. The BCB FPLOS version of the model contains all of the previous updates and will
serve as the basis for the updated existing conditions model.
The most significant model improvement the Taylor/Interflow Team made as part of the Rookery Bay
(Henderson Creek) restoration was to reduce the model grid cell size from the original 1,500 feet to 375
feet. That change allowed the simulation of overland flow in two dimensions within the Belle Meade Flow-
4
Way and other areas, where the previous model simulated all major overland conveyances using only the
1-D MIKE-11 component. Smaller grid cells allow better representation of the natural topography and thus
more accurate representation of the 2-dimensional flow fields critical for estimating wetland hydroperiods
and water budgets. The current version of the County’s model utilizes 500-foot grid cells. If the project
budget allows, the cell spacing could be reduced to 250 feet while still maintaining reasonable simulation
times. The increased accuracy would provide better representation of overland flow, evapotranspiration,
groundwater flows and levels, and wetland hydroperiods in the areas of interest, thus resulting in a more
reliable and defensible modeling tool to support final design and permitting.
Interpreting the model results of both current and proposed conditions will be closely coordinated with the
wetland scientists and ecologists within the Taylor team and stakeholder agencies such as the FFS and
FWC. This effort will help to ensure the proposed project will result in hydrology suitable to support the
target vegetation communities.
Nutrient modeling of pre- and post- project conditions will be required to demonstrate the levels of
nitrogen and phosphorus removal provided by the constructed flow-ways and within the Belle Meade
flow-way. Depending on the requirements of FDEP, this effort may require a more sophisticated water
quality modeling approach that utilizes the results of the hydraulic and hydrologic modeling currently
available. This could be accomplished either via a more sophisticated analytical approach, or by utilizing
the water quality module built-in to the MIKE SHE software. The approach for this effort will be refined
following initial discussions with FDEP.
Phase 2 – Permitting and Grant Management
This second phase of project development is preparation of design plans suitable to support permit
applications, along with all required data, narratives, and exhibits. Initial agency coordination in Phase 1
will have determined the permitting requirements for species, habitats, wetlands, and infrastructure.
Subsequent pre-application meetings with agencies having jurisdiction over the project will establish the
level of information required to achieve completeness for agency review.
2.1 Prepare Permit Applications
Depending on the results of the Permitting Needs Assessment and data collection activities, it is
anticipated that sufficient funding may remain to perform permitting and design activities required by
regulatory agencies for the following permits:
• SFWMD Conceptual Environmental Resource Permit (ERP)
• USACE Federal Dredge and Fill Permit
Task includes development of permit applications and associated narratives, analyses, and exhibits such
as:
• GIS mapping of vegetation and species pre- and post-project (projected),
• Water level and depth mapping pre- and post-project for an array of conditions including expected
seasonal changes and design storm events required per the Basis of Review,
• NEPA support including environmental and biological assessments, and
• Responses to requests for additional information (RAIs)
2.2 Prepare Preliminary Design Plans
The activities completed in Phase 1 will be used to update the design parameters of the previous (Atkins,
2016) conceptual design plans. The Consultant will develop a refined and updated set of
5
conceptual/preliminary drawings that will serve to support the permit applications. These drawings will
not be of sufficient detail for construction but will convey the design intent suitable for a conceptual ERP.
Design-level surveys of individual project areas (i.e., for preparation of final construction drawings) are not
included in this effort.
2.3 Grant Management Activities
Collier County has pledged all of Pot 1 ($6M) and all of Pot 3 ($12M) to the execution of this project. The
total cost of this project is estimated to be approximately $32M leaving a funding shortfall of
approximately $14M. Grant management services are anticipated to work with staff to identify, educate
and secure additional funding sources from federal and state decision makers within the RESTORE Act
umbrella to complete the funding of this project.
As part of this phase, the Taylor Team will assist the County in preparing materials to support grant
applications for the balance of funds needed for construction. Initial efforts will likely focus on Pot 2 of the
RESTORE Act funds. We will also seek other potential funding mechanisms in the event the RESTORE
funding (beyond the $18 million already identified) falls short of the estimated $32 million cost. In addition
to those sources the County has already identified other potential opportunities including the NOAA
Coastal Resilience Grant and the National Fish & Wildlife Foundation.
This task also includes assisting the County with monitoring, reporting, and submittals for expenditure
reimbursements for the currently committed RESTORE Act funding.
Assumptions
Due to the uncertainty associated with permitting a project of this size and complexity, several
assumptions were required in the developing this Scope of Work. If any of these assumptions prove to
be erroneous, adjustments to the scope and budget will likely be necessary:
1. Salinity modeling of Rookery Bay mangrove wetlands and Rookery Bay open waters receiving
freshwater inflows will not be required. Predictions of current wet season freshwater deficits will be
sufficient to support regulatory acceptance of proposed flows into Rookery Bay.
2. Any necessary water quality sampling within Rookery Bay or the adjacent coastal wetlands will be
undertaken by others.
3. Existing data and/or literature values on surface sediment nutrient concentrations are sufficient to
use as the basis for nutrient modeling to verify nitrogen and phosphorus removal predictions as
water passes from the GGC to the Six-Ls agricultural area (summarized in CCWIP [Final]
September 23, 2013, pp 52-52). Modeling will apply analytical models of nitrogen and
phosphorus species to estimate soil and water column nutrient dynamics, possibly in conjunction
with the MIKE SHE modeling using the ECO Lab module.
4. No modeling of soil – water column nutrient exchanges or dynamics in the Six-Ls agricultural area
will be performed as part of this project.
5. Sufficient water quality data from the Six-Ls agricultural area (or similar tomato farm environments
elsewhere in Florida) are available to make preliminary assessments of effects of those soils on
water quality if used as a flow-way and preliminary assessment of potential vegetation community
and wildlife impacts associated with restoration of wetlands on those properties.
6. As part of stakeholder outreach efforts, Collier County will assist in identifying the stakeholder
groups and contacts, meeting locations and other support details.
6
7. The SFWMD and USACE will lead state and federal permit application reviews. The Consultant
will request a conceptual ERP from SFWMD and a dredge and fill permit from the USACE.
8. No Florida Department of Transportation (FDOT) drainage connection permits are included at this
stage of project development.
9. Survey requirements limited to the well locations (approximately 60).
References
Atkins, 2016. Collier County Comprehensive Watershed Improvement Plan. Prepared for Collier County
and the Rookery Bay National Estuarine Research Reserve.
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PSA Single Project Agreement 2017.010 Ver.1
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY 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, the COUNTY agrees to make the
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 the COUNTY’s reasonable satisfaction. Lump sum payments will be made
upon the percentage complete. In no event shall such Time and Materials compensation exceed
the amounts set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-
Exceed
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Lump Sum Fee $ $
Total Time and Materials Fee $ $
GRAND TOTAL FEE $ $
Page 20 of 32
PSA Single Project Agreement 2017.010 Ver.1
B.2.2. * Time and Material Fees: 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 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT’s
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY’s prior written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT’s
monthly billings, on a cumulative basis, exceed the sum determined by multiplying th e applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount
to be paid to CONSULTANT for the performance of the Basic Services. There shall be no
overtime pay without the COUNTY’s prior written approval.
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for
under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement , if any, the
COUNTY 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 3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY’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 the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
Page 21 of 32
PSA Single Project Agreement 2017.010 Ver.1
3. SCHEDULE OF PAYMENTS
B.3.1. 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 the COUNTY.
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 d eadline period
is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall
be deemed of the essence with respect to the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT’s letterhead and must include the Purchase Order Number and 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. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or 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 §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 the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals, al l
in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY,
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 the COUNTY.
B.3.4.1.5. Expense of models for the County’s use.
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PSA Single Project Agreement 2017.010 Ver.1
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses,
except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
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PSA Single Project Agreement 2017.010 Ver.1
SCHEDULE B – ATTACHMENT 1
CONSULTANT’S HOURLY RATE SCHEDULE
Title Hourly Rate
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment
upon mutual agreement in advance and in writing by the parties. *Grant Funded: The above
hourly rates are for purposes of providing estimate(s), as required by the grantor agency.
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PSA Single Project Agreement 2017.010 Ver.1
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Task/Item
Description
Cumulative Number
of Calendar Days
For Completion
from Date of
Notice to Proceed for
Services under this
Agreement
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PSA Single Project Agreement 2017.010 Ver.1
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 obligat ions. 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 COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will n ot be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY 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 COUNTY.
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PSA Single Project Agreement 2017.010 Ver.1
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY 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 the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insu rance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, 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 COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? Yes No
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 - The coverage must include Employers' Liability with a
minimum limit of $_____________for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker’s Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? Yes No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? Yes No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? Yes No
A. 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,
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PSA Single Project Agreement 2017.010 Ver.1
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 comp letion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $_____________ Per Occurrence,
$_____________aggregate.
B. 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.
14. 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.
15. 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 Service s under this Agreement.
Required by this Agreement? Yes No
16. 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.
Required by this Agreement? Yes No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? Yes No
Business Auto Liability: Coverage shall have minimum limits of $_____________Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non-The
ownership.
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PSA Single Project Agreement 2017.010 Ver.1
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? Yes No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$_____________Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? Yes No
Cyber Insurance: Coverage shall have minimum limits of $_____________Per Occurrence.
20. UMBRELLA LIABILITY.
A. 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 inc lude all
coverages on a "following form" basis.
B. 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.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? Yes No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $____________each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. 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 COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, 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 the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY 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
Page 29 of 32
PSA Single Project Agreement 2017.010 Ver.1
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 reinstate d 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 the COUNTY.
22. VALUABLE PAPERS INSURANCE.
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.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY
and the COUNTY’s insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT’s professional liability
policy. If no credit is available from CONSULTANT’s current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a
renewal occurs during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that any such
credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY
and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY 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.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY’s Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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PSA Single Project Agreement 2017.010 Ver.1
This schedule is not applicable.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, (company’s name)
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 “ “project is accurate, complete and current
as of the time of contracting.
BY:
TITLE:
DATE:
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PSA Single Project Agreement 2017.010 Ver.1
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage
of Time
Page 32 of 32
PSA Single Project Agreement 2017.010 Ver.1
SCHEDULE G
Other: __________________________________________
(Description)
following this page (pages ____ through ___)
this schedule is not applicable
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-1
FEDERAL UNITED STATES DEPARTMENT OF TREASURY – CFDA 21.015
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications.
The County must comply, and require each of its contractors, and subcontractors employed in the
completion of the activity, project, or program to comply with all federal statutes, federal regulations,
executive orders (EOs), Office of Management and Budget (OMB) circulars, Standard Terms and
Conditions, Program-Specific Terms and Conditions, and any Special Award Conditions of this federal
financial assistance award (“Award”), as applicable, in addition to the certifications and assurances required
at the time of application.
Any inconsistency or conflict in Standard Terms and Conditions, Program-Specific Terms and Conditions,
and any Special Award Conditions of this Award will be resolved according to the following order of
precedence: federal laws, federal regulations, applicable notices published in the Federal Register, EOs,
OMB circulars, Treasury’s Standard Terms and Conditions, Program-Specific Terms and Conditions, and
any Special Award Conditions. Special Award Conditions may amend or take precedence over Standard
Terms and Conditions and Program-Specific Terms and Conditions.
Standard Terms and Conditions may be found at:
https://www.treasury.gov/services/restore-
act/Documents/RESTORE%20ACT%20Standard%20Terms%20and%20Conditions_August_2017.pdf
Contractor means an entity that receives a contract. The services performed by the awarded Contractor and
its subcontractors shall be in compliance with all applicable grantor regulations/requirements, and
additional requirements specified in this document in the completion of the activity, project or program.
It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and
guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower
tier contracts ( e.g. subcontract or sub-agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract
provisions by reference for work done under any purchase orders, rental agreements and other
agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower-tier subcontractor or service provider.
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-2
FEDERAL CONTRACT PROVISIONS
Administrative, contractual, or legal remedies (Ref. 41 U.S.C. 1908, 2 CFR § 200 Appendix II (A)
Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in
question between the local government and the contractor, arising out of or relating to this contract, or the
breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent
jurisdiction.
Records Retention - The Contractor must retain all records pertinent to this project for a period of three
years, beginning on a date as described in 2 C.F.R. § 200.333.
Access to Records
The contractor must make available to Treasury, the Treasury Office of Inspector General, and the
Government Accountability Office any documents, papers or other records, including electronic records,
of the contractor that are pertinent to this Award, in order to make audits, investigations, examinations,
excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access
to the contractor’s personnel for the purpose of interview and discussion related to such documents. This
right of access shall continue as long as records are retained
Access to Sites
The Treasury, the Treasury Office of Inspector General, and Government Accountability Office shall have
the right during normal business hours to conduct announced and unannounced onsite and offsite physical
visits of recipients and their contractors corresponding to the duration of their records retention obligation
for this project/award.
No Government Obligation to Third Parties - Applies to all contracts. The County and the Contractor
acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval
of the solicitation or award of the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Vendor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract. It is further agreed that the
clause shall not be modified, except to identify the subcontract who will be subject to its provisions.
Clean Air and Federal Water Pollution Control Acts (Reference: 2 CFR § 200 Appendix II (G))
Contracts and sub grants of amounts in excess of $150,000 shall contain a provision that requires the
Contractor or recipient to comply with all applicable standards, orders, or requirements issued pursuant to
the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA).
Energy Policy and Conservation Act - (Reference 2 CFR § 200 Appendix II (H))
The contractor shall co mply with any mandatory standards and policies relating to energy efficiency which
are contained in the Florida state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871, 42 U.S.C Section 6201)
Debarment and Suspension (Reference 2 CFR § 200 Appendix II (I)), 31 C.F.R. Part 19)
Contract awards that exceed the small purchase threshold and certain other contract awards shall not be
made to parties listed on the government wide Excluded Parties List System in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment
and Suspension.’’ The Excluded Parties List System in SAM contains the names of parties debarred,
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-3
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. The successful bidder, by administering each lower
tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of
a “covered transaction” under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) (Reference 2 CFR § 200 Appendix II (J)) -
Contractors must certify it will not and has not used Federal appropriated funds have been paid or will be
paid, by or to any person or organization for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement. The certification includes any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
Contractors and subcontractors must submit form SF-LLL to the County with 15 calendar days following
the end of the calendar quarter in which there occurs any event that requires disclosure or that materially
affects the accuracy of the information contained in any disclosure from previously filed.
Procurement of Recovered Materials - (a) In accordance with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest
percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not
reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards,
which shall be determined on the basis of the guidelines of the National Institute of Standards and
Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a)
of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in
excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the
Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal
appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a
State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
Diversity (Reference 2 CFR § 200.321) The County is dedicated to fostering the continued development
and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. All
contracting and subcontracting opportunities afforded by this solicitation/contract are strongly encouraged
to contribute as both Contractors and Sub-Contractors. Firms may be required to submit documentation
addressing diversity and describing the efforts being made to encourage the participation of small, minority-
, women-, and service-disabled veteran business enterprises. Information on Certified Minority Business
Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available
from the Office of Supplier Diversity at:
http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/
Subcontractng The County must follow all procurement requirements set forth in 2 C.F.R. §§ 200.318,
200.319, 200.320, 200.321, 200.323, and 200.324. The contractor, and/or subcontractor must not sub-
contract any part of the approved project to any agency or employee of Treasury and/or other federal
department, agency, or instrumentality without the prior written approval of Treasury. Treasury will
forward all requests to Treasury’s Office of General Counsel for review before making a decision. Treasury
will notify the recipient in writing of the final determination.
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-4
Environmental Requirements - Collier County must comply with all environmental standards, and
provide information requested by Treasury relating to compliance with environmental standards, including
but not limited to the following federal statutes, regulations, and EOs.
1. National Historic Preservation Act, as amended (54 U.S.C. § 300101 et seq.) and Archeological and Historic
Preservation Act, as amended (54 U.S.C. § 312501 et seq.)
2. The National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321 et seq.)
3. Clean Air Act, as amended (42 U.S.C. § 7401 et seq.), Clean Water Act, as amended (33 U.S.C. § 1251 et seq.),
and EO 11738
4. The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4002 et seq.)
5. The Endangered Species Act of 1973, as amended, (16 U.S.C. § 1531 et seq.)
6. The Coastal Zone Management Act, as amended, (16 U.S.C. § 1451 et seq.)
7. The Coastal Barriers Resources Act, as amended, (16 U.S.C. § 3501 et seq.)
8. The Wild and Scenic Rivers Act, as amended, (16 U.S.C. § 1271 et seq.)
9. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. § 300f-j)
10. The Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. § 6901 et seq.)
11. The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. § 9601 et
seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note)
12. Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C. §1801)
13. Marine Mammal Protection Act, as amended (16 U.S.C § 31)
14. Migratory Bird Treaty Act, as amended (16 U.S.C. §§ 703-712)
15. Responsibilities of Federal Agencies to Protect Migratory Birds, EO 13186
16. Bald and Golden Eagle Protection Act, as amended (16 U.S.C. § 668-668d)
17. Marine Protection, Research and Sanctuaries Act (33 U.S.C. §§ 1401-1445 and 16 U.S.C.§§ 1431—1445)
18. National Marine Sanctuaries Act, as amended (16 U.S.C. § 1431 et seq.)
19. Rivers and Harbors Act of 1899 (33 U.S.C § 407)
20. Environmental Justice in Minority Populations and Low Income Populations, EO 12898, as amended
21. Floodplain Management, EO 11988, as amended by EO 13690 and, Protection of Wetlands, EO 11990, May
24,1977, as amended by EO 12608
22. Farmland Protection Policy Act, as amended (7 U.S.C. § 4201 et. seq.)
23. Coral Reef Protection, EO 13089Invasive Species, EO 13112
Disclaimer Provisions
The United States expressly disclaims any and all responsibility or liability to the recipient or third persons
for the actions of the recipient or third persons resulting in death, bodily injury, property damages, or any
other losses resulting in any way from the performance of this Award or any other losses resulting in any
way from the performance of this Award or any subaward, contract, or subcontract under this Award.
Prohibited and Criminal Activities
a. The Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3812), provides for the imposition
of civil penalties against persons who make false, fictitious, or fraudulent claims to the federal government
for money (including money representing grants, loans or other benefits).
b. False Statements, as amended (18 U.S.C. § 1001) provides that whoever makes or presents any materially
false, fictitious, or fraudulent statements to the United States shall be subject to imprisonment of not more
than five years.
c. False, Fictitious, or Fraudulent Claims, as amended (18 U.S.C. § 287) provides that whoever makes or
presents a false, fictitious, or fraudulent claim against or to the United States shall be subject to
imprisonment of not more than five years and shall be subject to a fine in the amount provided in 18 U.S.C.
§ 287.
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-5
d. False Claims Act, as amended (31 U.S.C. 18 U.S.C. § 3729 et seq.), provides that suits under this act can
be brought by the federal government, or a person on behalf of the federal government, for false claims
under federal assistance programs
e. Copeland “Anti-Kickback” Act, as amended (18 U.S.C. § 874 and 40 U.S.C. § 276c), prohibits a person
or organization engaged in a federally supported project from enticing an employee working on the project
from giving up a part of his compensation under an employment contract. The Copeland “Anti-Kickback”
Act also applies to contractors and subcontractors pursuant to 40 U.S.C. § 3145.
American-Made Equipment and Products
The contractor is hereby notified that it is encouraged, to the greatest extent practicable, to purchase
American-made equipment and products with funding provided under this contract as allowed.
Increasing Seat Belt Use in the United States
Pursuant to EO 13043, the recipient should encourage its employees and contractors to enforce on-the-job
seat belt policies and programs when operating company-owned, rented or personally owned vehicles.
Minority Serving Institutions (MSIs) Initiative
Pursuant to EOs 13555 and13270, as amended, Treasury is strongly committed to broadening the
participation of MSIs in its financial assistance programs. Treasury’s goals include achieving full
participation of MSIs in order to advance the development of human potential, strengthen the nation’s
capacity to provide high-quality education, and increase opportunities for MSIs to participate in and benefit
from federal financial assistance programs. Treasury encourages recipients to include meaningful
participation of MSIs. Institutions eligible to be considered MSIs are listed on the Department of Education
website at http://www2.ed.gov/about/offices/list/ocr/edlite-minorityinst.html.
Care and Use of Live Vertebrate Animals
Recipients must comply with the Laboratory Animal Welfare Act of 1966 (Public Law 89- 544), as
amended, (7 U.S.C. § 2131 et seq.) (animal acquisition, transport, care, handling, and use in projects), and
implementing regulations, 9 C.F.R. Parts 1, 2, and 3; the Endangered Species Act, as amended, (16 U.S.C.
§ 1531 et seq.); Marine Mammal Protection Act, as amended, (16 U.S.C. § 1361 et seq.) (taking possession,
transport, purchase, sale, export or import of wildlife and plants); the Nonindigenous Aquatic Nuisance
Prevention and Control Act, as amended, (16 U.S.C. § 4701 et seq.) (ensure preventive measures are taken
or that probable harm of using species is minimal if there is an escape or release); and all other applicable
statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching,
or other activities supported by federal financial assistance.
Publications and Signage
Any publications (except scientific articles or papers appearing in scientific, technical, or professional
journals) or signage produced with funds from this Award, or informing the public about the activities
funded in whole or in part by this Award, must clearly display the following language: “This project was
paid for [in part] with federal funding from the Department of the Treasury under the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
2012 (RESTORE Act).” Publications (except scientific articles or papers appearing in scientific, technical,
or professional journals) produced with funds from this Award must display the following additional
language: “The statements, findings, conclusions, and recommendations are those of the author(s) and do
not necessarily reflect the views of the Department of the Treasury.”
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-6
Homeland Security Presidential Directive 12
If the performance of this Award requires the recipient’s personnel to have routine access to Treasury-
controlled facilities and/or Treasury-controlled information systems (for purpose of this term “routine
access” is defined as more than 180 days), such personnel must undergo the personal identity verification
credential process. In the case of foreign nationals, Treasury will conduct a check with U.S. Citizenship
and Immigration Services’ (USCIS) Verification Division, a component of the Department of Homeland
Security (DHS), to ensure the individual is in a lawful immigration status and that he or she is eligible for
employment within the United States. Any items or services delivered under this Award must comply with
Treasury personal identity verification procedures that implement Homeland Security Presidential
Directive 12, “Policy for a Common Identification Standard for Federal Employees and Contractors”, FIPS
PUB 201, as amended, and OMB Memorandum M-05-24, as amended. The County must ensure that its
contractors (at all tiers) performing work under this Award comply with the requirements contained in this
Section V.14. Treasury may delay final payment under this Award if the contractor fails to comply with the
requirements listed in the section below. The County must insert the following term in all contracts when
the contractor is required to have routine physical access to a Treasury-controlled facility or routine access
to a Treasury-controlled information system:
a. The contractor must comply with Treasury personal identity verification procedures identified in the
contract that implement Homeland Security Presidential Directive 12 (HSPD-12), Office of Management
and Budget (OMB) Guidance M-05-24, as amended, and Federal Information Processing Standards
Publication, FIPS PUB 140-2, as amended, for all employees under this contract who require routine
physical access to a federally controlled facility or routine access to a federally controlled information
system.
b. The contractor must account for all forms of government-provided identification issued to the contractor
employees in connection with performance under this contract. The contractor must return such
identification to the issuing agency at the earliest of any of the following, unless otherwise determined by
Treasury:
i. When no longer needed for contract performance;
ii. Upon completion of the contractor employee’s employment; or
iii. Upon contract completion or termination.
Foreign Travel
The contractor may not use funds from this contract for travel outside of the United States unless Treasury
provides prior written approval.
Non-Discrimination Requirements - No person in the United States shall, on the ground of race, color,
national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of,
or be subject to discrimination under any program or activity receiving federal financial assistance. The
recipient is required to comply with all non-discrimination requirements summarized in this section, and to
ensure that all contracts contain these nondiscrimination requirements.
1. Statutory Provisions
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) prohibits discrimination on
the grounds of race, color, or national origin under programs or activities receiving federal financial
assistance;
b. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibits discrimination
on the basis of sex under federally assisted education programs or activities;
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-7
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) prohibits
discrimination on the basis of handicap under any program or activity receiving or benefitting from
federal assistance;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), prohibits
discrimination on the basis of age in programs or activities receiving federal financial assistance;
e. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.) (“ADA”),
including the ADA Amendments Act of 2008 (Public Law 110-325, (“ADAAA”), prohibits
discrimination on the basis of disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies thereto, as well as public or
private entities that provide public transportation;
f. Any other applicable non-discrimination law(s).
2. Regulatory Provisions
a. Treasury Title VI regulations, 31 C.F.R. Part 22, implement Title VI of the Civil Rights Act of
1964, as amended (42 U.S.C. §§ 2000d, et seq.) which prohibits discrimination on the grounds of
race, color, or national origin under programs or activities receiving federal financial assistance;
b. Treasury Title IX regulations, 31 Part 28, implement Title IX of the Education Amendments of
1972 (20 U.S.C. §§ 1681 et seq.) which prohibits discrimination on the basis of sex under federally
assisted education programs or activities.
3. Other Provisions
a. Parts II and III of EO 11246 (30 Fed. Reg. 12319, 1965), “Equal Employment Opportunity,” as
amended by EO 11375 (32 Fed. Reg. 14303, 1967) and 12086 (43 Fed. Reg. 46501, 1978), require
federally assisted construction contracts to include the nondiscrimination provisions of §§ 202 and
203 of EO 11246 and Department of Labor regulations implementing EO 11246 (41 C.F.R. § 60-
1.4(b), 1991).
b. EO 13166 (August 11, 2000), “Improving Access to Services for Persons With Limited English
Proficiency,” requires federal agencies to examine the services provided, identify any need for
services to those with limited English proficiency (LEP), and develop and implement a system to
provide those services so LEP persons can have meaningful access to them.
4. Title VII Exemption for Religious Organizations
Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., provides that it shall
be an unlawful employment practice for an employer to discharge any individual or otherwise to
discriminate against an individual with respect to compensation, terms, conditions, or privileges of
employment because of such individual’s race, color, religion, sex, or national origin. However, Title
VII, 42 U.S.C. § 2000e-1(a), expressly exempts from the prohibition against discrimination on the
basis of religion, a religious corporation, association, educational institution, or society with respect
to the employment of individuals of a particular religion to perform work connected with the carrying
on by such corporation, association, educational institution, or society of its activities.
5. Protections for Whistleblowers
In accordance with 41 U.S.C. § 4712, neither the recipient nor any of its subrecipients, contractors
(vendors), or subcontractors may discharge, demote, or otherwise discriminate against an employee
as a reprisal for disclosing information to a person or entity listed below that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-8
funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant:
a. A Member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Treasury employee responsible for contract or grant oversight or management;
e. An authorized official of the Department of Justice or other law enforcement agency;
f. A court or grand jury; and/or
g. A management official or other employee of the recipient, subrecipient, vendor, contractor
(vendor), or subcontractor who has the responsibility to investigate, discover, or address
misconduct.
STATE PROVISIONS
Conflict of Interest - This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose
the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee
shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent
(5%) interest in the Contractor’s company or its affiliates.
Interest of Members of, or Delegates to, Congress or Legislature – No member or delegate to the
Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of
the contract or any benefit arising therefrom.
Discriminatory Vendors – Contractor shall disclose if they appear on the discriminatory vendor list. An
entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134, F.S. may not: 1)
Submit a bid on an agreement to provide any goods or services to a public entity; 2) Submit a bid on an
agreement with a public entity for the construction or repair of a public building or public work; 3) Submit
bids on leases of real property to a public entity; or 4) Be awarded or perform work as a consultant under
an agreement with any public entity; or transact business with any public entity.
Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the State
Legislature, the judicial branch, or a state agency.
Inspector General Cooperation - Contractor and subcontractors are obligated to comply with Section
20.055(5), Florida Statutes which states, “It is the duty of every state officer, employee, agency, special
district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any
investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each
contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the
corporation, partnership, or person understands and will comply with this subsection.”
Scrutinized Companies – Pursuant Section 215.473, F.S. the Local Sponsor subcontractor certifies that it
is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, and/or Scrutinized Companies with Activities in Israel
List (eff. 10.1.2016). Created Pursuant to Subsection 287.135(5), F.S., the subcontractor agrees the County
may immediately terminate this Agreement for cause subcontractor is found to have submitted a false
certification or if the subcontractor is placed on the Scrutinized Companies list during the term of the
Agreement.
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 1
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
2. Certification regarding Lobbying
3. Conflict of Interest
4. Anticipated DBE, M/WBE or VETERAN Participation Statement
5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services
6. Acknowledgement of Grant Terms and Conditions
TBD TBD
TBD TBD
TBD
PROFESSIONAL SERVICES AGREEMENT
Contract # 187245
for
Collier County Comprehensive Watershed Improvement Plan
■❑ CCNA ❑ NON,CCNA
THIS AGREEMENT is made and entered into this day of "20 by
and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Taylor Engineering, Inc. , authorized to do business in the
State of Florida, whose business address is 10151 Deerwood Park Blvd, Bldg. 300, Jacksonville
FL 32256 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Collier County Comprehensive Watershed Improvement Plan
(hereinafter referred to as the "Project"), said services being more fully described in Schedule A,
"Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional 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 COUNTY 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
Page I of32
PSA Single Project Agrcemont 2417.010 Wr.1
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 the COUNTY.
1.5. CONSULTANT designates John Loper, RE, a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY 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 the COUNTY.
1.7, The CONSULTANT represents to the COUNTY 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 COUNTY'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:
Page a of 32
P$A Single Project hgnvmen12017.010 Ver./
a
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.
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.
1,8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTYS 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.
1.9. 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 CONSULANT 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
31age 3 o1'32
i'S11 �ingVe I'rujcd A�ree�n�n12017.biD VeK.I
CONSULTANT for services and/or items necessary to correct the deficiencies directly related to
the CONSULTANT's non-performance whether or riot the COUNTY obtained substitute
performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, 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 the COUNTY. 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
2.1. If authorized in writing by the COUNTY 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 the COUNTY's Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
the COUNTY 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. the COUNTY will not be responsible
for the costs of Additional Services commenced without such express prior written approval.
Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of
any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT
that such Work is not additional but rather a part of the Basic Services required of CONSULTANT
hereunder. If the COUNTY 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 cf the changes or variations, provided that CONSULTANT has
delivered written notice to the COUNTY 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
seep 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,
Page 4 c 0 2
PRA Single Pro uLd Agrccnicnt 2017.010 Yer, l
�t4�
2.2, 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_
2,3_ 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, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY 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.
2.4. Providing renderings or models for the COUNTY's use,
2.5. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.6. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY 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).
2.10. 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
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY'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 the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever;
Page 5 of 32
PSA Singic Project Agreement 2017.010 Ver.I
(a
3.2.
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 COUNTY is obligated or committed to pay the
CONSULTANT.
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 the COUNTY'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 COUNTY'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
COUNTY with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from the COUNTY 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 COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY 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 the
COUNTY 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 the COUNTY.
CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time
Page G nf32
PSA Single Pruicet AgYeemulit 2017.010 VV.I
to its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such
delays,
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY 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 COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on
schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT
be deemed a waiver of any right cr claim the COUNTY 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 COUNTY 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 contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of 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 6, which is attached hereto, shall
apply only to tasks procured under the Time and Materials pricing methodology specified in
paragraph 5.1 above. Q Grant f=unded: The hourly rates as set forth and identified in Scheduie
I'ta6C 7 of' 32
PSA Single Project Agrcmun12017,010 WL l (a
B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor
agency.
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6,1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY 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"). The COUNTY 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 the COUNTY
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
(3,2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this
Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this
license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project
Documents to complete the Project following CONSULTANT's termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges the COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by the COUNTY.
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. The COUNTY, or any duly authorized agents or representatives of the COUNTY, 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 the COUNTY, 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
l'agc $ nE'32
I15A Singh Prujccl ftrecmeni2017.010 ver.1 (3
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.9.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
9.2. All insurance shall be from responsible companies 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 Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier
County Government, 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
the COUNTY 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 the COUNTY 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 the COUNTY 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.
Page 9 ot`32
VSA Siegle 1'rojccl Agreement 2017,010 Ver.��
i.,
9.4, CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, 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
SERVICFS BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONS ULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. 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 COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY 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 COUNTY 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 All personnel, identified in
Schedule F shall not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or
subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume
toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by
this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement
shall preserve and protect the rights of the COUNTY under this Agreement with respect to the
Services to be perfcrmed by the subconsultant or subcontractor so that the sub consulting 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 the COUNTY 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 the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall
Page 10 oE'32,
PSA Single Pmjccl Agreement 2017 010 Vero
provide that, at the COUNTY's discretion, they are assignable to the COUNTY 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 the COUNTY arising out
of this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment
by the COUNTY shall be deemed to be a waiver of any of the COUNTY'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 the COUNTY 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 the COUNTY, 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 COUNTY 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 the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.9, 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 the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3, The COUNTY 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 the COUNTY 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 the
COUNTY, 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.
Page I l of 32
PSA Single Project Agreement 2017 01(.) Ver I
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control.
12.5. The COUNTY 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) the COUNTY 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) the COUNTY otherwise persistently fails to fulfill some material
obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY
has failed to cure such default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such
default is cured, after giving THE COUNTY 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 the COUNTY of
CONSULTANT's intent to terminate this Agreement. If the COUNTY 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 COUNTY, terminate the Agreement and
recover from the COUNTY 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 the COUNTY.
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. ❑■ CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule E, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the COUNTY 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.
Page 12 of 32
PSA Single Project Agreement 2017.010 Ver.1
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 COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Director: Amy Patterson
Division Name: Capital Project Planning, Impact Fees and Program Management
Address: 2685 South Horseshoe Drive, Unit 103
a les, FL 34104
Administrative Agent/PM: Gary McAlpin
Telephone: 239-282-5342
E-Mall(s): Gary, McAIn colliercount f . ov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record;
Company Name: Taylor Engineering, Inc,
Address: 10151 Deerwood Park Blvd., Bldg. 300, Suite 304
Jacksonvi e FL 32255
Authorized Agent: John Lo ir, P.E.
Attention Name & Title: Jon Loper, P.E., Associate Vice Press int
Telephone: -813-963-6469
E-Mail(s): ITo—p6r@tayiorengineering.com
Page 13 ot'32
PSA Single Project Agreemen12017.010 VerA
0
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 the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY 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 the COUNTY.
17.4, Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.6. 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
FE -1 Schedule E CCNA Protects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: Grant Certifications and Assurances
Solicitation # 18-7245 , including all Attachment(s), Exhibit(s) & Addendum
Consultant's Proposal
Page 14 or32
PSA Single Projs.ct Agreement 2017.014 Ver I
17,10, U Grant Funded Pro'ects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
1$.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. A At the time this Agreement is executed,
CONSULTANT shall sign and deliver to the COUNTY the Truth-ln-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 the COUNTY
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 the COUNTY of and is in compliance with the terms of Section 287,133(2)(x) of the Florida
Statutes which read as follows
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
11,igc 150'32
PSA Smg1e Pruire� Agreement 2017.410r r ��
t- J
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 TWD 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 the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY 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
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44,102, Fla. Stat.
20,2, Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
Page I6n1':32
PSA Single Prnlect Agttcmcnl2017.010 Vero
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
M
Date:
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
Witness
7? w/ler
Name and Title
Witnesi
/
/yP57dz l�a�n,a G y• / c�PSiSh r�
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Andy Solis, Esq. Chairman
Consultant:
Taylor En ineer'n Inc.
By:
JJun� LoP��� f�S�oGl.an'r V 1G1C 12, 5'061I
Name and Title
Page 17 of 32
PSA Single Project Agreement 2017.010 Ver.] �✓
SCHEDULE A
SCOPE OF SERVICES
F■ following this page (pages 1 through 6 )
Page 18 of 32
PSA Single Project Agreement 2017.010 Vent
18-7245 — Collier County Comprehensive Watershed Improvement plan
Schedule A
Phase 1 - Permitting Needs Assessment, Data Collection, and Analysis
The County and Its consultants shall meet with various agencies with all available data compiled in a
useful format for such meetings, to determine what additional data is necessary for project permitting.
This phase is necessary to determine which permits and regulatory requirements may or may not be
necessary for the project. Following the needs assessment, the Consultant will collect additional data
and conduct targeted analyses required to support the Phase 2 permitting tasks. Phase t will consist of
the following activities:
1,1 Team Workshop and Preliminary Data Compilation
An initial workshop will be held in Collier County's offices to facilitate the transfer of knowledge to the
Consultant Team including a discussion of potential permitting obstacles. Following the workshop,
compilation of data will include:
Development of background information, including a detailed project description, site location
and anticipated environmental issues
Compilation of relevant available data (including CIS data) to coordinate with regulatory
agencies in Identifying potential environmental issues and permitting requirements
1.2 A enc /Stakeholder Coordination and Pre -Application Meelin s
Coordination and meetings with state and federal regulatory agencies for necessary monitoring
and permitting requirements for species, habitats and wetlands and may Include:
o Meeting with Florida Forestry Service (FFS), U.S. Fish and Wildlife Service (USFWS),
Florida Fish and Wildlife Conservation Commission (FWC) and National Marine Fisheries
Service (NMFS) to review listed species and habitats potentially impacted by the proposed
project and develop list of species for which surveys should be implemented, and to
discuss permitting requirements
o Meet with U_S. Army Corps of Engineers (USAGE) and Florida Department of
Environmental Protection (FI7EP) to review preliminary wetland data (GIS -based) and
determine level of effort for wetlands characterization, including anticipated shifts in
vegetation, and anticipated permitting requirements.
o Meet with USAGE and the U.S. Environmental Protection Agency (EPA) to determine the
level of effort for NEPA analysis
Coordination with USAGE regarding Picayune Strand - It is anticipated that the nearby
restoration efforts for Picayune Strand have the potential to complicate the permitting associated
with the County's project. While the South Florida Water Management District (SFWMD) Big
Cypress Basin (BCD) has been fully aware of the County's project on a staff level, projects being
completed by state and federal agencies will be coordinated, at a technical and staff level, with
the County's project. This effort will involve maintaining close coordination between the County's
modeling team and the BCB and others as related to the use of the USAGE's Gridded
Surface/Subsurface Hydrologic Analysis (GSSHA; aka "Geisha") model.
Coordination with the City of Naples and Rookery Bay National Estuarine Research Reserve
(RBNERR).
• Meetings and Coordination with other stakeholders, including the Florida Department of
Transportation (FDOT), affected property owners and the public. This task may extend beyond
the initial permitting needs assessment phase and into the permit application phase.
Presentation and display materials for such meetings will be developed as required.
1.3 Environmental Data Collection and Analysis
This Task includes preliminary data collection to evaluate changes in habitat, actual rates of
infiltration and evapotranspiration, and changes in water quality associated with project
implementation. FFS highlighted the fact that it will be vital for the County to know the impacts of its
own project on things like water levels, habitat and water quality. As such, this effort is anticipated to
be designed as a Before and After, Control and Impact (BACI) study design and will involve setting up
a series of randomly located sampling locations in areas likely to be impacted by project components
(the Impact stratum) as well as areas outside of the footprint of the project (the Control stratum). As
well, data would be collected both before project completion, as well as after project completion.
Collected data would be used in any required modifications of the modeling effort. The following
components would be involved:
Site selection of monitoring locations — The Consultant, in consultation with the County, will
design and implement an environmental data collection program. The objective of this
environmental data collection (i.e., monitoring) is to evaluate changes in habitat and water
quality that may occur with implementation of the CWIP. The Request for Proposals called for 30
random locations within the area of project impacts and 30 random locations in areas likely to be
unimpacted by the project. Sampling stations within the areas of project impacts must represent
the full range of areas affected by the CWIP features and they must remain suitable for sampling
over a long period. However, random site selection within the area targeted for restoration may
not be the best approach to sample site identification. The reference area may contain a range
of natural communities that the restoration plan wishes to replicate. Thus, we will assess random
and selected sample point alternatives for the County to review. The final number and locations
of monitoring sites will be determined at this stage in consultation with the County and FFS.
• Sampling locations will be surveyed in by a licensed survey and mapping firm, to include top of
well and natural ground.
• At each of the locations, bi-annual and quantitative sampling of the vegetation (up to 4 events)
o Species richness
o Species diversity
o Percent native vs. non-native
• At each of the locations, quarterly recording of water levels and/or groundwater levels via use of
piezometers and/or staff gages (up to 8 events)
• At each of the locations, quarterly collection of water quality data (for surface water samples) for
the following parameters (up to 8 events)
o Water temperature
o pH
o Dissolved oxygen
o Specific conductance
a Total nitrogen
a Total phosphorous
Analysis and presentation of collected data in graphical and tabular format, as well as spatial
(GIS) mapping to include:
o Simple statistical measures (e.g, range, median standard deviation, and 251" and 75°h
percentile) and GIS plots of data by location will be used to evaluate initial water quality
monitoring results. As data accumulate from multiple monitoring periods, more advanced
statistical methods may prove useful for data evaluation. Similarly, simple statistics and
GIS plots will suffice for initial evaluation of vegetation monitoring results but other
methods, including multivariate analyses may become useful as data accumulate.
o Existing mapping of vegetation and habitat will be used andlor adapted where suitable,
such as the Florida Natural Areas Inventory (FNAI) mapping FLUCCS habitat mapping
currently underway for the Picayune Strand, expected to be available by summer of
2018.
o Identification of expected ! observed water levels by habitat and projections of habitat -
level water elevation changes, potential community shifts, and seasonal summaries by
area
o Listed species habitats, habitat characterizations, GIS analysis of changes to habitat
footprints (if any) with additional wet season hydration
1.4 Hydrologic, Hydraulic, and Water Quality_ Modeling and Analysis
This effort may require modification of prior estimates of the degree of change in groundwater elevations
due to the Project. This will require refinements to the County's MIKE SHE/MIKF-11 model to reflect
those changes and working to gain consensus with other agencies regarding model results. This effort
will focus on refining estimates of changes in groundwater elevations in the following locations:
o Northern flow -way
0 1-75 Canal and South Pelle Meade spreader
o Picayune Strand State Forest and Picayune Strand Restoration Project
o Six L's agricultural area
a Urban areas along Henderson Creek and south of U.S.41
Model refinements will incorporate the surface and groundwater level monitoring results from the Task
1.3 data collection efforts, which will be used to further calibrate the MIKE SHE model with respect to
infiltration rates and evapotranspiration, Additional model detail (described below), will help to leverage
those data collection efforts to improve the robustness and reliability of the model results.
Within the Henderson Creek/Belle Meade Watershed, the County's previous consultant team adopted
previous model refinements implemented by Interflow Engineering, LLC (now a part of Taylor
Engineering, Inc.) as part of the Rookery Ray restoration study. Taylor Engineering recently updated the
County's model for the SFWMD, as part of the Big Cypress Basin Hood Protection Level of Service
(FPLOS) project. This update included adding detail certain areas and improving the model calibration for
existing conditions. The BCB FPLOS version of the model contains all of the previous updates and will
serve as the basis for the updated existing conditions model,
The most significant model improvement the Taylorllnterflow Team made as part of the Rookery Bay
(Henderson Creek) restoration was to reduce the model grid cell size from the original 1,500 feet to 375
feet. That change allowed the simulation of overland flow In two dimensions within the Belle Meade Flow -
Q
Way and other areas, where the previous model simulated all major overland conveyances using only the
I -D MIKE -11 component. Smaller grid cells allow better representation of the natural topography and thus
more accurate representation of the 2-dimensional flow fields critical for estimating wetland hydroperiods
and water budgets. The current version of the County's model utilizes 500 -foot grid cells. If the project
budget allows, the cell spacing could be reduced to 250 feet while still maintaining reasonable simulation
times. The increased accuracy would provide better representation of overland flow, evapotranspiration,
groundwater flows and levels, and wetland hydroperiods in the areas of interest, thus resulting In a more
reliable and defensible modeling tool to support final design and permitting.
Interpreting the model results of both current and proposed conditions will be closely coordinated with the
wetland scientists and ecologists within the Taylor team and stakeholder agencies such as the FFS and
FWC. This effort will help to ensure the proposed project will result in hydrology suitable to support the
target vegetation communities,
Nutrient modeling of pre- and post- project conditions will be required to demonstrate the levels of
nitrogen and phosphorus removal provided by the constructed flow -ways and within the Belle Meade
flow -way. Depending on the requirements of FDEP, this effort may require a more sophisticated water
quality modeling approach that utilizes the results of the hydraulic and hydrologic modeling currently
available. This could be accomplished either via a more sophisticated analytical approach, or by utilizing
the water quality module built-in to the MIKE SHE software. The approach for this effort will be refined
following initial discussions with FOEP_
Phase 2 — Permitting and Grant Management
This second phase of project development is preparation of design plans suitable to support permit
applications, along with all required data, narratives, and exhibits. Initlal agency coordination in Phase 1
will have determined the permitting requirements for species, habitats, wetlands, and infrastructure.
Subsequent pre -application meetings with agencies having jurisdiction over the project will establish the
level of Information required to achieve completeness for agency review.
2.1 Prepare Permit Applications
Depending on the results of the Permitting Needs Assessment and data collection activities, it is
anticipated that sufficient funding may remain to perform permitting and design activities required by
regulatory agencies for the following permits:
+ SFWMD Conceptual Environmental Resource Permit (ERP)
• USACE Federal Dredge and Fill Permit
Task includes development of permit applications and associated narratives, analyses, and exhibits such
as:
* GIS mapping of vegetation and species pre- and post -project (projected),
■ Water level and depth mapping pre- and post -project for an array of conditions including expected
seasonal changes and design storm events required per the Basis of Review,
■ NEPA support including environmental and biological assessments, and
■ Responses to requests for additional information (RAls)
2.2 PreRare Preliminary Design Plans
The activities completed in Phase 1 will be used to update the design parameters of the previous (Atkins,
2016) conceptual design plans. The Consultant will develop a refined and updated set of
4
O
conceptuallprelimiMary drawings that will serve to support the permit applications_ These drawings will
not be of sufficient detail for construction but will convey the design intent suitable for a conceptual ERP.
Design -level surveys of individual project areas (i,e., for preparation of final construction drawings) are not
included in this effort.
2.3 Grant Management Activities
Collier County has pledged all of Pot 1 ($6M) and all of Pot 3 ($12M) to the execution of this project. The
total cost of this project is estimated to be approximately $32M leaving a funding shortfall of
approximately $14M. Grant management services are anticipated to work with staff to identify, educate
and secure additional funding sources from federal and state decision makers within the RESTORE Act
umbrella to complete the funding of this project.
As part of this phase, the Taylor Team will assist the County in preparing materials to support grant
applications for the balance of funds needed for construction. Initial efforts will likely focus on Pot 2 of the
RESTORE Act funds. We will also seek other potential funding mechanisms in the event the RESTORE
funding (beyond the $18 million already identified) falls short of the estimated $32 million cost. In addition
to those sources the County has already identified other potential opportunities including the NOAA
Coastal Resilience Grant and the National Fish & Wildllfe f=oundation,
This task also includes assisting the County with monitoring, reporting, and submittals for expenditure
reimbursements for the currently committed RESTORE Act funding.
Assumptions
Due to the uncertainty associated with permitting a project of this size and complexity, several
assumptions were required in the developing this Scope of Work. If any of these assumptions prove to
be erroneous, adjustments to the scope and budget will likely be necessary:
1. Salinity modeling of Rookery Bay mangrove wetlands and Rookery Bay open waters receiving
freshwater inflows will not be required. Predictions of current wet season freshwater deficits will be
sufficlent to support regulatory acceptance of proposed flows into Rookery Bay.
2. Any necessary water quality sampling within Rookery Bay or the adjacent coastal wetlands will be
undertaken by others.
3. Existing data andlor literature values on surface sediment nutrient concentrations are sufficient to
use as the basis for nutrient modeling to verify nitrogen and phosphorus removal predictions as
water passes from the GGC to the Six -Ls agricultural area (summarized in CCWIP [Final)
September 23, 2013, pp 5252). Modeling will apply analytical models of nitrogen and
phosphorus species to estimate soil and water column nutrient dynamics, possibly in conjunction
with the MIKE SHE modeling using the ECO Lab module.
4. No modeling of soil —water column nutrient exchanges or dynamics in the Six -Ls agricultural area
will be performed as part of this project,
5. Sufficient water quality data from the Six -Ls agricultural area (or similar tomato farm environments
elsewhere in Florida) are available to make preliminary assessments of effects of those soils on
water quality if used as a flow -way and preliminary assessment of potential vegetation community
and wildlife impacts associated with restoration of wetlands on those properties.
B, As part of stakeholder outreach efforts, Collier County will assist in identifying the stakeholder
groups and contacts, meeting locations and other support details.
The SFWMD and USACE will lead state and federal permit application reviews. The Consultant
will request a conceptual ERP from SFWMD and a dredge and fill permit from the USACE.
8. No Florida Department of Transportation (FDOT) drainage connection permits are Included at this
stage of project development.
S. Survey requirements limited to the well locations (approximately SO) -
References
Atkins, 2016. COW County Comprehensive Watershed Improvement Plan. Prepared for Collier County
and the Rookery Pay National Estuarine Research Reserve.
6
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY 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, the COUNTY agrees to make the
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 the COUNTY's reasonable satisfaction. Lump sum payments will be made
upon the percentage complete. In no event shall such Time and Materials compensation exceed
the amounts set forth in the table below.
Tasks/item
Description
Lump Sum
Time and
Materials
Not -To -
Exceed
1.1
Team Workshop and Data Compilation
$
$
31,845.00
1.2
Agency/Stakeholder Coordination and Pre -Application Meetings
$
$
79,204.00
1.3
Environmental Data Collection and Analysis
$
$
551,877.00
1.4
Hydrologic, Hydraulic, and Water Quality Analysis
$
$
373,964.00
2.1
Permit Applications
$
$
163,388.00
2.2
Preliminary Design Plans
$
$
138,800.00
2.3
Grant Management
$
$
35,916.00
2.4
Contingency
$
$
125,000.00
$
$
Total Lump Sum Fee
$
$
Total Time and Materials Fee
$
$ 1,499,994.00
GRAND TOTAL FEE
$
$
Page 19 of 32
PSA Single Project Agreement 2017.010 Ver.l
B.2.2. ❑■* Time and Material Fees; The fees noted in Section 13.2.1, 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 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY's prior written approval.
11322, 1, Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
8-2-.37 Q*-LIQ►-Fee,%�—The-teas rat$d4-SeGhon--2--9--skull-c;onst4tute-the-lur4p r -amount
roNisi)ig a nro _f 4ho Rosi i�as- ;i40._Su—b@--Ro
rior
13.2,111 rnni L>i T la skr with-eac#+o the ara kafjc-stat�i� r r+� rcav4ded-fir
wu ds , ,
$ iG$t F1 A F9Rdl FW6$c
during Oho-&wll4&Gt4�414Ag-rnQPt4-
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY 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 3.4 1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.5. The compensation provided for under Section 13.2.1 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 the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable,
Page til of'32
PSA Single Prgject A�rccmenl 2017 010 Vesr. I
3. SCHEDULE OF PAYMENTS
13.3.1. 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, identity the services rendered and must be
submitted in triplicate in a form and manner required by the COUNTY.
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.
8.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and 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.
13.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement oz 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 §112.051, Fla. Stat., or as set forth in
the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the
fallowing items:
13.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
13.3.4,12 Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals, all
in accordance with §112.051, Fla. Stat. Further, such expenses, if approved by the COUNTY,
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,
8.3.4.1.4, Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
Page 21 ot'32
PSA Single. Project AgrceMCM 2047,010 Ver -1 �6'\
'0
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3,4,1,7. The CONSULTANT shall bear and pay all overhead and other expenses,
except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
8.3,4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
i,age 22 of32
PSA Single Project ftrcemcnt 2017.010 Ver.I
SCHEDULE B — ATTACHMENT 'I
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Hourly Rate
Principal
$215
Project Manager
$191
Senior Professional
$176
Project Professional
$134
Staff Professional
$100
Senior CAD/GIS
$146
Project CAD/GIS
$112
Administration
$65
Intern
$43
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment
upon mutual agreement in advance and in writing by the parties. Q■ *Grant Funded: The above
hourly rates are for purposes of providing estimate(s), as required by the grantor agency.
Page 23 of 32
PSA Shigle Project Agreelnent 2011.010 Ver.]
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Task/item
Description
Cumulative Number
of Calendar Days
For Completion
from Date of
Notice to Proceed for
Services under this
A ,reement
1.1
Team Workshop and Data Compilation
730
1.2
Agency/Stakeholder Coordination and
Pre -Application Meetings
730
1.3
Environmental Data Collection and Analysis
730
1.4
Hydrologic, Hydraulic, and Water Quality
Analysis
730
1.5
Numeric Nutrient Criteria for Rookery Bay
730
2.1
Permit Applications
730
2.2
Preliminary Design Plans
730
2.3
Grant Management
730
2.4
Contingency
730
Page 24 of 32
PSA Single Project Agreement 2017.010 Ver.l
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 COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. 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 COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY 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 COUNTY.
Page 25 of 32
PSA Single Project Agreement 2017.010 Ver.lg
S. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY 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 the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
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
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, 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 COUNTY with such renewal certificates) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause,
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? Al Yes ❑ No
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 - The coverage must include Employers' Liability with a
minimum limit of $ 100,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11- United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work, Required by this Agreement? ❑ Yes ❑■ No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes ❑IA No
13_ COMMERCIAL GENERAL. LIABILITY.
Required by this Agreement? 7 Yes ❑ No
A. 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,
Page 26 af'32
PSA Single Fraaect Agreement 2017.010 Ver.I
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 COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. 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.
14. 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.
15. 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.
Required by this Agreement? ❑ Yes X No
16. 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.
Required by this Agreement? ❑ Yes X No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? ❑ Yes FE] No
Business Auto Liability: Coverage shall have minimum limits of $ Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
Page 27 of 32
PSA Single Project Agreement 2017.010 Ver.]
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement?❑ Yes ❑ No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$1,000,000 Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement?❑ Yes ❑ No
Cyber Insurance: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
20. UMBRELLA LIABILITY.
A. 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.
B. 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.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? ❑E Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. 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 COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, 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 the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY 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
Page 28 of 32
PSA Single Project Agreement 2017.010 Ver.l
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 the COUNTY.
22, VALUABLE PAPERS INSURANCE.
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.
23, PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY
and the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a
renewal occurs during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that any such
credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY
and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY 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.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibleslself-insured retention.
q. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
B. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
Page 29 of'32
PSA Singlc Project Agreement 2417.410 Ver. I
fr,�
❑ This schedule is not applicable.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Taylor Engineering,Inc. (company's name)
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 " Collier County Comprehenslve Watershed Improvement Plan"project is accurate, complete and current
as of the time of contracting.
BY:
TITLE:
DATE:
Nsge 30 oi'32
PSA Single Project Agreement 2017.010 Ver -1 IFN
SCHEDULE F
KEY PERSONNEL
Name
Personnel Category
Percentage
of Time
Michael DelCharco, P.E.
John Loper, P.E.
Prinelpal
project Manager
1
8
David Stites, Ph.D.
Project Manager
5
Keith Knight, RE,
Senior Professional
2
Michael Kabiling, Ph.D„ RE.
Senior Professional
5
Christopher Ellls
Senior Professional
3
Maurice Vaughan, P.E.
Project Professional
10
Jenna Phillips
Project Professional
7
Anton Flewelling
Senior CADIGIS
6
Various Staff
Staff professional, Technician, Administration, Intern
53
Page 31 of 32
PSA Single Project Ag raiment 2017.010 Vet. I TO
SCHEDULE G
Other: Grant Certifications and Assurances
(Descr'iptioo)
W following this page (pages 1 through 16 )
❑ this schedule is not applicable
Page 32 of 32
PSA Single Project Agreement 2017.010 Ver, i�(`a�
j o—
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FEDERAL UNITED STATES DEPARTM ENT OF TREASURY — CFDA 21.015
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications.
The County must comply, and require each of its contractors, and subcontractors employed in the
completion of the activity, project, or program to comply with all federal statutes, federal regulations,
executive orders (EOs), office of Management and Budget (OMB) circulars, Standard Terms and
Conditions, Program -Specific Terms and Conditions, and any Special Award Conditions of this Federal
Financial assistance award ("Award"), as applicable, in addition to the certifications and assurances requii-ed
at the time of application.
Any inconsistency or conflict in Standard Terms and Conditions, Program -Specific Terms and Conditions,
and any Special Award Conditions of this Award will be resolved according to the following order of
precedence: federal laws, federal regulations, applicable notices published in the Federal Register, EOs,
OMB circulars, Treasury's Standard Terms and Conditions, Program -Specific Terms and Conditions, and
any Special Award Conditions. Special Award Conditions may amend or take precedence over Standard
Terms and Conditions and Program -Specific Terms and Conditions.
Standard Terms and Conditions may be found at;
https:l/www.treasui-y,-aov/service/restore-
ac(/Docutnents/RESTORE%20ACT°/u2 S andard%20TerFn °/ti20and%2OCandi ions August 201 df
Contractor means an entity that receives a contract. The services performed by the awarded Contractor and
its subcontractors shall be in compliance with all applicable grantor regulations/requirements, and
additional requirements specified in this document in the completion of the activity, project or program.
It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and
guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower
tier contracts ( e.g. subcontract or sub -agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract
provisions by reference for work done under any purchase orders, rental agreements and other
agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower -tier subcontractor or service provider.
FCP-I
T 0
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FEDERAL CONTRACT PROVISIONS
Administrative, contractual, or legal remedies (Ref, 41 U.S.C. 1908,2 CFR § 200 Appendix 11 (A)
Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in
question between the local government and the contractor, arising out of or relating to this contract, or the
breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent
jurisdiction.
Records Retention - The Contractor must retain all records pertinent to this project for a period of three
years, beginning on a date as described in 2 C.F.R. § 200,333.
Access to Records
The contractor must make available to Treasury, the Treasury Office of Inspector General, and the
Government Accountability Office any documents, papers or other records, including electronic records,
of the contractor that are pertinent to this Award, in order to make audits, investigations, examinations,
excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access
to the contractor's personnel for the purpose of interview and discussion related to such documents. This
right of access shall continue as long as records are retained
Access to Sites
The Treasury, the Treasury Office of Inspector General, and Government Accountability Office shall have
the right during normal business hours to conduct announced and unannounced offsite and offsite physical
visits of recipients and their contractors corresponding to the duration of their records retention obligation
for this project/award.
No Government Obligation to Third Parties - Applies to all contracts, The County and the Contractor
acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval
of the solicitation or award of the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Vendor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract, It is further agreed that the
clause shall not be modified, except to identify the subcontract who will be subject to its provisions.
Clean Air and Federal Water pollution Control Acts (Reference; 2 CFR § 200 Appendix B (G))
Contracts and sub grants of amounts in excess of $150,000 shall contain a provision that requires the
Contractor or recipient to comply with all applicable standards, orders, or requirements issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 125113$7). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA).
Energy Policy and Conservation Act - (Reference 2 CFR § 200 Appendix 1I (H))
The contractor shall comply with any mandatory standards and policies relating to energy efficiency which
are contained in the F I o r i d a state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871, 42 U.S.0 Section 6201)
Debarment and Suspension (Reference 2 CFR § 200 Appendix II (1)), 31 C.F.R. Part 19)
Contract awards that exceed the small purchase threshold and certain other contract awards shall not be
made to parties listed on the government wide Excluded Parties List System in the System for Award
Management (SANT), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR Pail 1986 Comp., p. 1$9) and 12689 (3 CFR Pail 1989 Comp., p. 235), "Debarment
and Suspension." The )excluded Parties List System in SAM contains the names of panics debarred,
FCP-2
EXHIBIT A FEDERAL CONTRACT PROVISIONS
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. The successful bidder, by administering each lower
tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of
a "covered transaction" under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project.
Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) (Reference 2 CFR § 200 Appendix II (J)) -
Contractors must certify it will not and has not used Federal appropriated funds have been paid or will be
paid, by or to any person or organization for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement. The certification includes any lobbying with non -Federal funds that takes place in connection
with obtaining any Federal award.
Contractors and subcontractors must submit form SF -LLL to the County with 15 calendar days following
the end of the calendar quarter in which there occurs any event that requires disclosure or that materially
affects the accuracy of the information contained in any disclosure from previously filed.
Procurement of Recovered Materials - (a) In accordance with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest
percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not
reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards,
Which shall be determined on the basis of the guidelines of the National Institute of Standards and
Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a)
of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in
excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the
Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal
appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a
State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
Diversity (Reference 2 CFR § 200.321) The County is dedicated to fostering the continued development
and economic growth of small, minority-, women-, and service -disabled veteran business enterprises. All
contracting and subcontracting opportunities afforded by this solicitation/contract are strongly encouraged
to contribute as both Contractors and Sub -Contractors. Firms may be required to submit documentation
addressing diversity and describing the efforts being made to encourage the participation of small, minority-
, women-, and service -disabled veteran business enterprises. Information on Certified Minority Business
Enterprises (CMBE) and Certified Service -Disabled Veteran Business Enterprises (CSDVBE) is available
from the Office of Supplier Diversity at:
http•//dms myflorida coin/other programs/office of supplier diversity osd/
Subcontractng The County must follow all procurement requirements set forth in 2 C.F.R. §§ 200.318,
200.319, 200.320, 200.321, 200.323, and 200.324. The contractor, and/or subcontractor must not sub-
contract any part of the approved project to any agency or employee of Treasury and/or other federal
department, agency, or instrumentality without the prior written approval of Treasury. Treasury will
forward all requests to Treasury's Office of General Counsel for review before making a decision. Treasury
will notify the recipient in writing of the final determination.
FCP-3
EXHIBIT A FEDERAL CONTRACT PROVISIONS
Environmental Requirements - Collier County trust comply with all environmental standards, and
provide information requested by Treasury relating to compliance with environmental standards, including
but not limited to the following federal statutes, regulations, and Ms.
I. National Historic Preservation Act, as amended (54 UA.C. § 300101 et seq.) and Archeological and Historic
Preservation Act, as amended (54 U.S.C. § 312501 et seq.)
2. The National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321 et seq.)
3. Clean Air Act, as amended (42 U.S.C. § 7401 et seq.), Clean Water Act, as amended (33 U.S.C. § 1251 et seq),
and EO 11738
4. The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4002 et seq)
5. The Endangered Species Act of 1973, as amended, (16 U.S.C. § 1531 et seq.)
6, The Coastal Zone Management Act, as amended, (16 U.S.C. § 1451 et seq.)
7. The Coastal Barriers Resources Act, as amended, (16 U,S.C. § 3501 et seq.)
S. The Wild and Scenic Rivers Act, as amended, (16 U.S.C, § 127E et seq.)
9. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C, § 300f --j)
10. The Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. § 6901 et seq.)
11. The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. § 9601 et
seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note)
12. Magnuson -Stevens Fishery Conservation and Management Act, as amended (16 U.&C. §1801)
13. Marine Mammal Protection Act, as amended (16 U.S.0 § 31)
14. Migratory Bird Treaty Act, as amended (16 U.S,C, §§ 703-712)
15. Responsibilities of Federal Agencies to Protect Migratory Birds, EO 13185
16. Bald and Goiden Eagle Protection Act, as amended (16 U.S.C. § 669-668d)
17. Marine Protection, Research and Sanctuaries Act (33 U.S.C. §§ 1401-1445 and lb U,S.C.§§ 1431-1445)
18, National Marine Sanctuaries Act, as amended (16 U.S.C. § 1431 et seq.)
19. Rivers and Harbors Act of 1899 (33 U.S.0 § 407)
20, Environmental Justice in Minority Populations and Low Income Populations, EO 12899, as amended
21. Floodplain Management, EO 11988, as amended by EO 13690 and, Protection of Wetlands, EO 11990, May
24,1977, as amended by ED 12608
22. Farmland Protection Policy Act, as amended (7 U.S.C. § 4201 et. seq,)
23. Coral Reef Protection, Ea 13089Envasive Species, EO 13112
Disclaimer Provisions
The United States expressly disclaims any and all responsibility or liability to the recipient or third persons
for the actions of the recipient or third persons resulting in death, bodily injury, property damages, or any
other losses resulting in any way from the performance of this Award or any other losses resulting in any
way rrom the performance of this Award or any subaward, contract, or subcontract under this Award.
Prohibited and Criminal Activities
a. 'rhe Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3812), provides for the imposition
ofciviI penalties against persons who make false, fictitious, or fraudulent claims to the federal government
for money (including money representing grants, loans or other benefits).
b. False Statements, as amended (18 U.S.C, § 1001) provides that whoever makes or presents any materially
false, fictitious, or fraudulent statements to the United States shall be subject to imprisonment of not more
than five years.
c. False, Fictitious, or Fraudulent Claims, as amended (18 U.S.C. § 287) provides that whoever makes or
presents a false, fictitious, or fraudulent claim against or to the United States shall be subject to
imprisonment of not more than five years and shall be subject to a fine in the amount provided in 1 S U,S.C.
§ 287.
f CP -4
EXHIBIT A FEDERAL CONTRACT PROVISIONS
d. False Claims Act, as amended (3 l U.S.C. 18 U.S.C. § 3729 et seq.), provides that suits under this act can
be brought by the federal government, or a person on behalf of the federal government, for false claims
under federal assistance programs
e. Copeland "Anti -Kickback" Act, as amended (18 U.S.C. § 874 and 40 U,S,C. § 276c), prohibits a person
or organization engaged in a federally supported project from enticing an employee working on the project
from giving up a part of his compensation under an employment contract. The Copeland "Anti -Kickback"
Act also applies to contractors and subcontractors pursuant to 40 U.S.C. § 3145.
American -Made Equipment and Products
The contractor is hereby notified that it is encouraged, to the greatest extent practicable, to purchase
American-made equipment and products with funding provided under this contract as allowed.
Increasing Seat Belt Use in the United States
Pursuant to EO 13043, the recipient should encourage its employees and contractors to enforce on-the-job
seat belt policies and programs when operating company-owned, rented or personally owned vehicles,
Minority Serving Institutions (NISIs) Initiative
Pursuant to POs 13555 and 13270, as amended, Treasury is strongly committed to broadening the
participation of MS1s in its financial assistance programs, Treasury's goals include achieving full
participation of MSIs in order to advance the development of human potential, strengthen the nation's
capacity to provide high-quality education, and increase opportunities for MSIs to participate in and benefit
from federal financial assistance programs. Treasury encourages recipients to include meaningful
participation of MSIs. Institutions eligible to be considered MSis are listed on the Department of Education
website at httt)://www2.ed.p-ov/about/offices/lis#lperI dlite-minorityinst.lrtml.
Care and Use of Live Vertebrate Animals
Recipients must comply with the Laboratory Animal Welfare Act of 1966 (Public Law 89- 544), as
amended, (7 U.S.C. § 2131 et seq.) (animal acquisition, transport, carer handling, and use in projects), and
implementing regulations, 9 C.F.R. Parts 1, 2, and 3; the Endangered Species Act, as amended, (16 U.S.C.
§ 1531 et seq.); Marine Mammal Protection Act, as amended, (16 U.S.C. § 1361 et seq.) (taking possession,
transport, purchase, sale, export or import of wildlife and plants); the Nonindigenous Aquatic Nuisance
Prevention and Control Act, as amended, (16 U.S.C. § 4701 et seq.) (ensure preventive measures are taken
or that probable harm of using species is minimal if there is an escape or release); and all other applicable
statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching,
or other activities supported by federal financial assistance.
Publications and Signage
Any publications (except scientific articles or papers appearing in scientific, technical, or professional
journals) or signage produced with funds from this Award, or informing the public about the activities
funded in whole or in part by this Award, must clearly display the following language: "This project was
paid for [in part] with federal funding from the Department of the Treasury under the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
2012 (RESTORE. Act)," Publications (except scientific articles or papers appearing in scientific, technical,
or professional journals) produced with funds from this Award must display the following additional
language: "The statements, findings, conclusions, and recommendations are those of the author(s) and do
not necessarily reflect the views of the Department of the Treasury."
FCP-5
O
EXHIBIT A FEDERAL CONTRACT PROVISIONS
Homeland Security Presidential Directive 12
if the performance of this Award requires the recipient's personnel to have routine access to Treasury -
controlled facilities and/or Treasury -controlled information systems (for purpose of this term "routine
access" is defined as more than 180 days), such personnel must undergo the personal identity verification
credential process. In the case of foreign nationals, Treasury will conduct a check with U.S. Citizenship
and Immigration Services' (USCIS) Verification Division, a component of the Department of Homeland
Security (DHS), to ensure the individual is in a lawful immigration status and that he or she is eligible for
employment within the United States. Any items or services delivered under this Award must comply with
Treasury personal identity verification procedures that implement Homeland Security Presidential
Directive 12, "Policy Fora Common Identification Standard for Federal Employees and Contractors", PIPS
PUB 201, as amended, and OMH Memorandum M-05-24, as amended. The County must ensure that its
contractors (at all tiers) performing work under this Award comply with the requirements contained in this
Section V.14. Treasury may delay final payment under this Award if the contractor fails to comply with the
requirements listed in the section below. The County must insert the following tern in all contracts when
the contractor is required to have routine physical access to a Treasury -controlled facility or routine access
to a Treasury -controlled information system:
a. The contractor must comply with Treasury personal identity verification procedures identified in the
contract that implement Homeland Security Presidential Directive 12 (HSPD-12), Office of Management
and Budget (OMB) Guidance M-05-24, as amended, and Federal Information Processing Standards
Publication, FIPS PUB 140-2, as amended, for all employees under this contract who require routine
physical access to a federally controlled facility or routine access to a federally controlled information
system.
b. ,rhe contractor must account for all forms ofgovemment-provided identification issued to the contractor
employees in connection with performance under this contract. The contractor must return such
identification to the issuing agency at the earliest of any of the following, unless otherwise determined by
Treasury:
i. When no longer needed for contract performance;
ii. Upon completion of the contractor employee's employment; or
iii. Upon contract completion or termination.
Foreign Travel
The contractor may not use funds from this contract for travel outside of the United States unless Treasury
provides prior written approval.
Non -Discrimination Requirements - No person in the United States shall, on the ground of race, color,
national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of,
or be subject to discrimination under any program or activity receiving federal financial assistance. The
recipient is required to comply with all non-discrimination requirements summarized in this section, and to
ensure that all contracts contain these nondiscrimination requirements.
1. Statutory Provisions
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) prohibits discrimination on
the grounds of race, color, or national origin under programs or activities receiving federal financial
assistance;
b. Title 1X of the Education Amendments of 1972 (20 U.S.C. §§ 1691 et seq.) prohibits discrimination
on the basis of sex under federally assisted education programs or activities;
FCP-6
y
VV
EXHIBIT A
FEDERAL CONTRACT PROVISiONS
c, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) prohibits
discrimination on the basis of handicap under any program or activity receiving or benefitting from
federal assistance;
d. The Age Discrimination Act of 1975, as amended (42 U.S,C, §§ 6101 et seq.), prohibits
discrimination on the basis of age in programs or activities receiving federal financial assistance;
e. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.) ("ADA"),
including the ADA Amendments Act of 2008 (Public Law 110-325, ("ADAAA"), prohibits
discrimination on the basis of disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies thereto, as well as public or
private entities that provide public transportation;
C Any other applicable non-discrimination law(s).
2. Regulatory Provisions
a. Treasury Title VI regulations, 31 C.F.R. Part 22, implement Title Vl of the Civil Rights Act of
1464, as amended (42 U.S.C. §§ 2000d, et seq.) which prohibits discrimination on the grounds of
race, color, or national origin under programs or activities receiving federal financial assistance;
b. Treasury Title I.X regulations, 31 Part 28, implement Title IX of the Education Amendments of
1972 (20 U.S.C. §§ 1681 et seq.) which prohibits discrimination on the basis of sex under federally
assisted education programs or activities.
3. Other Provisions
a. Parts 11 and III of EQ 11246 (30 Fed. Reg. 12.319, 1965), "Equal Employment Opportunity," as
amended by EO l 1375 (32 Fed. Reg. 14303, 1967) and 12086 (43 Fed. Reg. 46501, 1978), require
federally assisted construction contracts to include the nondiscrimination provisions of §§ 202 and
203 of EO 11246 and Department of Labor regulations implementing EO 11246 (41 C.F.R. § 60-
1.4(b), 1991),
b. EO 13166 (August 11, 2000), "Improving Access to Services Far Persons With Limited English
Proficiency," requires federal agencies to examine the services provided, identify any need for
services to those with limited English proficiency (LEP), and develop and implement a system to
provide those services so LEP persons can have meaningful access to them.
4. Title VII Exemption for Religious Orgy nizations
Generally, Title VII cif the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq,, provides that it shall
be an unlawful employment practice for an employer to discharge any individual or otherwise to
discriminate against an individual with respect to compensation, terms, conditions, or privileges of
employment because of such individual's race, color, religion, sex, or national origin. However, Title
VI 1, 42 U.S.C. § 2000e-I(a), expressly exempts from the prohibition against discrimination on the
basis of religion, a religious corporation, association, educational institution, or society with respect
to the employment of individuals of a particular religion to perform work connected with the carrying
on by such corporation, association, educational institution, or society of its activities.
5. Protections for Whistleblowers
in accordance with 41 U.S.C. § 4712, neither the recipient nor any of its subrecipients, contractors
(vendors), or subcontractors may discharge, demote, or otherwise discriminate against an employee
as a reprisal for disclosing information to a person or entity listed below that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
FCP-7 6
EXHIBIT A FEDERAL CONTRACT PROVISIONS
funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant:
a. A Member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Treasury employee responsible for contract or grant oversight or management;
e. An authorized official of the Department of Justice or other law enforcement ag ency;
f. A court or grand jury; and/or
g. A management official or other employee of the recipient, subrecipient, vendor, contractor
(vendor), or subcontractor who has the responsibility to investigate, discover, or address
misconduct.
STATE PROVISIONS
Conflict of Interest - This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose
the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee
shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent
(5%) interest in the Contractor's company or its affiliates.
Interest of Members of, or Delegates to, Congress or Legislature — No member or delegate to the
Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of
the contract or any benefit arising therefrom.
Discriminatory Vendors — Contractor shall disclose if they appear on the discriminatory vendor list. An
entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134, F.S. may not: 1)
Submit a bid on an agreement to provide any goods or services to a public entity; 2) Submit a bid on an
agreement with a public entity for the construction or repair of a public building or public work; 3) Submit
bids on leases of real property to a public entity; or 4) Be awarded or perform work as a consultant under
an agreement with any public entity; or transact business with any public entity.
Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the State
Legislature, the judicial branch, or a state agency.
Inspector General Cooperation - Contractor and subcontractors are obligated to comply with Section
20.055(5), Florida Statutes which states, "It is the duty of every state officer, employee, agency, special
district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any
investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each
contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the
corporation, partnership, or person understands and will comply with this subsection."
Scrutinized Companies — Pursuant Section 215.473, F.S. the Local Sponsor subcontractor certifies that it
is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, and/or Scrutinized Companies with Activities in Israel
List (eff. 10.1.2016). Created Pursuant to Subsection 287.135(5), F.S., the subcontractor agrees the County
may immediately terminate this Agreement for cause subcontractor is found to have submitted a false
certification or if the subcontractor is placed on the Scrutinized Companies list during the term of the
Agreement.
FCP-8
EXHIBIT B
GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO HE RETURNED WITH SOLICIATION DOCUM ENTS
13Y DEADLINE TO HIE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
2, Certification regarding Lobbying
3. Conflict of Interest
4. Anticipated DBE, MIWBR or VETERAN Participation Statement
S. Opportunity List for Commodities and Contractual Services and Professional Consultant Services
6. Acknowledgement of Grant Terms and Conditions
GCA- I
r��J
EXHIBIT B
GRANT CERTIFICATIONS AND ASSURANCES
ii:s , :01ir17t'GVVJTrP[I,:IICE Pf11'.
PID OPPORTUNITY LIST FOR COMMODITIES A14D COMIRACTUAL SERVICES
AND PROFESS1014AL CONSULTANT SERVICES
r: is rlrt palicp Of Co ller Counrl' th4r .t4 vantage bus,nQsre# and 7 oriry vendors, PS d Tmed In the Code if ruder& Rcgufationf (c.,R)ar
Fforida StvtuFef ffS mutr ha: a rhe ppAurl lnii !opprtirtporf on contract's MM ede/al an?/Pr stQig ronross. s[once.
Prime SUntradOF/Prime Consultant'.
Wdris$ and Phone Nurnbdr:
Taylor Engineering, Enc.
10151 Deerwood Park Blvd,, Bldg 300, Ste 300, Jacksonville, h'L 322551404-731-7044
ProturBment Numbe /Azf,•ertisam4nt Number: 100 No, 18-7245
The list betow is intended to he a livor; of firma that are, or sitempl0l; to, parridpate on the prolecl numbered A"ee. The lisl must
!nd ude the firm bidding or quoting as prima, al yell as subs and supplitrs quoting for partiCipation Prune contractors and consultants must
provide Informatlgrl far NuinbefF 1, 2, 3, and 4; and, should proy'l Informsticn ther MYe for tdumbers 5, a, 7, and d. This form must
be suhrhltted wlih the bid patRage.
t. PedvralT9110tllrmber
;. Firm Name
3. Phone 14UMI Er
S. Address
5, Year firm Established.
59-2850479
Taylor rlor Lri inECCin ` Inc.
904-331-71040
10151 Qe6r ped Palk 31Y(I..
�1
1983
h.e
X
7,�
08E
Nan•osE
Prilllc
5uhcontrictor
Subtonsrlll
f}- Annual r,l PiKRipts
Less than $ 1 mil lion
5elWCan 5 1.5 million
X betYleens5-l0nrillian
Set Ween5lo-lSmililon
More than � 15 million
1 Faderal TAR l0 Number:
59-2742509
6.
rj 6 f
I Annual t�rois Receipts
,1, firm Nam#:
Durove Slwypor:S. 1L4,._
E
Non -Me
LOSS than i x miliioll
3. Phone Number:
9D4-722_0400
X Dill 51.5 million
d, Address
3 1 Corporate Squire Blvd.
54!l ell S 5-10 million
_2I
Jacksonville, R.3221fe
:utxuntraaar
Bel10-15mi1114n
;(
5ubCGri5ult4nt
More than a 15 mil'idrt
S. Year Firm Established
I 1`414ral T1x 10 Number
20-4894676
6.
Dae
S. Annual Gross Recilipts
2, Flml Name;
Barth Tech Enviroulnten 1111
rfOn-Il
Less than s 1 million
3. Phone Number:
_39-304 0030
Isetwren 5 1-5 million
4. Address
1600 Jolea Ave.
Ill 5.10 mi}lion
Tonna Sel-ing5, FL 34135
7.®
5utKo11t1M01
Between 510.15nlllllan
Subcomultant
more than $ 15 million
5. Y#ar Putts eFt5bllshed'
2006
1, federal rix IO dumber
26.70091
6. Xe
DEE
n ,annual Gross Receipts
2, FillName:
Marco , tlrVeytl1g All Mapping
f4w.1l
711 -ass thah $1 mllllon
5 Phone Number
?39-384-0026
eall S 1•5 million
a, address
3825 Beck Blvd., Ste 725
Eell S 5.10 mitllon
Naples, 171., 341 147.�
Suhcantraetor
ileCrreen510`33mililon
j{
subconsuhant
more than; 15m4llon
5. Year Firm Established
2008
t. on lil ll`[i oll ne-ki 11n�;C
EXHIBIT B GRANT C:FRTIFICATIONS,AND ASSURANCES
e. "%PO4 if. I r'.r
PIC] OPPORTUNITY LIST FOR I.r]MMODITIE5 AND CONTRACTUAL SERVICES
AND PROFE55I04AL CONSULTANT SERVICE5
er is r e parity Of C011W County that dlxadvonraged bulinQslet 4nd nlppr'tS+vendarx, as di4^4d m the Cade ajfederaJ ftegu a#inns fCftrJ or
FlorduStarutasIf51,MST hL 0the4aoartunih'#6Apftlripnt9a>tCpn[rCCtsWItflf2Jd.101ar7d/arstategnontRss'Srpnce-
Pnm9 ContractorjPrime Consultant Taylor Engineering, lnc,
Address and Phone rauniber. 10 15 1 Deer -wood Park Blvd., 131dg 300, Ste 300, Jacksonville. Fl. 32256/904-731-7040
Procurement PtumbeOAdvemisemeni Number; RPS Na,
18-7245
Me list below is intended to be a listing Of flims that arer or attempting to, participate on the project numbered above. The I Ist musk
Include the #Irm bidding or quoting ai pnme, as v ell as subs and suppliers quoting
for partiCipation.
Prprla contractors and tonfultanIs mutt
provid9 infotmaticn for Numbers 1, 2, 9, and a, and, IhoLlld provide arts' infolntatlon they have for Numbers
5, 6, 7, and D, This form must
be. submitted with the bid package.
1. Federal Tax i0 Number 61-1553905
6,
Dec
a. Annual 4ross Receipts
1. Firm Name: 0 atl and Asso-dates, t,W
�
Kon -DUE
Less than 1 1 miltinn
3. Phone number, 239-206-9000
between $ 1-5 nil Ilion
LL address 2770 S. Horseshoe Dr., Sie 7
belweprt 5 s• 10 mollon
Naples, FL 34104
-
SubconVaftGr
}[
,ubcansultant
More than; P5m�llIon
Cn
More than 15miJ100
s. Year Firm Established 2008
l, f6daral Taff io Number'
60
❑0
fl. Annual Gross ttacelpts
I Firm Name
I'lon-D&E
Liss titan 1 1 million
3. Phone Numt�er:
between 51.5 million
S, Andress
Betw@en S 5.10 mitlipn
7
rubi6ntracKor
Detw$¢n j 10-15 million
e
,u7xQtiSrllLanl
more than S 15 motion
5- Year Firm Established
1. Federal Ta): so number6.
est
S. Annual 'Gross PVCeipts
2, Firm Name
E3.
Npn DbE
LlSs than ; 1 million
Phone Number
Betv,leh 5 Y -a rstillion
d, ,iddfess
between S 5.10 million
7.R
50contr actor
Wween r 10-15 milllon
SuIxonsultant
More than 5 15 million
5 Year Firm Establishkd
1, Federal Tax to Number:
6
DBE
;, Annual Gross Receipts
2. Firm Name:
a
rSon-DBE
Less than; i mil bon
3. Phone Number
aetwetn;1-5 million
d. Address
between 5 5-10 million
7.�
5ubcontraaor
setween$10-15million
subcGnsuhant
Moro thin , 15 milllon
'a, Y4ar Flrlil EStab4ished'
EXHIBIT B
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Cerlltication Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its Knowledge and Wiel; that it and its principals:
(a) Are not prese:rtly debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded From covered transactions by any Federal department or agency:
(b) Have not within a three-year period preceding this proposal beQu convicted of or had a civil judgment
rendered against them for commission of frond or a Criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
}public lransuction, violation of Federal or State antitrust stntttles or commission of embezzlement, theft,
forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen
property;
(u) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with comntissloll of arty of the offenses enumerated in paragraph (l)(b) of this
certification; and
(d) I•love not within a three-year period preceding this application/proposal had ane er marc public
transactions (Federal, State or local) terminated rol' cause or default.
(2) Where the prospective primary participant is unable to certify to any of the stateincitts ill this cellifleation,
such prospective participant shall attach an explanation to this proposal.
James N. Marino, P.E., D.C'E
Name
President
Title
Taylor Engineering, Inc,
Firm
Collies' County Comprehensive: Watershed Improvements Plan
Project Nance
18-7245
Project Number
592850478
Tax ID Number
18-156-1168
DUNS Number
10151 Deer,wdod Park Blvd., Bldg, 300, Ste. 300, Jacksonville, FL 32256
Street A
z
SOCA - 2
EXHIBf"r B CTRANT CERTIFICATIONS ANIS ASSURANCES
---
COLLIE, R COUNTY
Cei'tilicsation Regm-ding Lobbying
The undersigned aiyiar lrngirt4cring, ]nc. (Vendor/ Contractor) certifies, to the best of his or
her knowledge and belief, that.,
(1) Nc State appropriated funds have been paid or will be paid, by or on belinlf of the undersigned, to any person
for influencing or attempting to influence an oFficer or employou of an agencsy, a member of the LegislRtLn•c, an
officer or employee of the ,judicial branch, or an cmployce of State agency in connection with the awarding of
any State contract, the making or any State grant, the malting of any State loan, the entering into or any
cooperative agreement, and the extension, conlinttation, renewal, amendment, or nnoclifica(ion or any state
contract, grant, loan, or cooperative agreement,
(2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received
pursuant to tiny State agreement for the purpose of l0bbyir7g the f,egislature, the ,judicial branch, or a State
agency. 11W purpose sof lobbying includes, but is not limited to, salaries. travel expenses and per dierri, the cost
for advertising, including production costs; postage; entertainment, and telephone and telegraph, and association
clues, The provisions of this paragraph supplement the provisions of section 11,062, Florida Statutes, which is
incorporated by reference into this solicitation, purchase osier or contract.
(3) The undersigned shall require that the- languages of this certification be included in the award doctiments for
all subawards at all tiers (including subcontracts, subgrants, and contracts tiLtdcr grants, loans, and cooperative
agreements) and (hat all sLIbreciplents sliall certify and disclose accordingly.
The Vender/Contractor,-i'aylor Engineering, ]nc, , certifies or affirins the truthfulness and
acctiraaIy ofench statement of its certification and disclosure, if any, In addition, the Cont•nctor understands and
agrees that the provisions of 11,062, Florida Statutes., apply to this certification and disclosure, if any.
James N. Marino. RE., D.CE Nance or Authorized Official
Title
ignature of Ven dor/Contraaclot's Authorized Official
12/5/17 Date
GCA - 3 �f 1
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certlflention
l5-7245
Collier County Solicitation No.
James N. Marinci
i, _ _-- - , hereby certify that to the best of tiny knowledge, neither [
1101- nly spouse, dependent child, general partner, or any organization for which .1 ann servitng as an officer,
director, trustee, gcrteral partner or employee, or any person or organization %vith whom I am negotiating or have
an arrangement cotieerning prospoctiva employment ltas a fmincial interest in this matter.
I further certify to the best of my k-rowledge that this matter will tint affect the financial interests of any member
Of tiny I101-1s01i0161, Also, to the best of my knowledge, no nitnnber of my household; uo relative Nvith whom 1
have a close relationship; no one with wham my shouse, parent or dependent child has or seeks einploynient;
and no organization with which I am seeking a business relalionsllip nor which I nory serve activoly or have
served within the last year are parties or represent a party to the matter.
also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described
above that would be affected by the matter, and to disclose any interest 1, or anyone noted above, has in any
person or organization that does become involved in, or is affected at n-lgter elate by, the conduct of this matter.
James N. Marino, PZ, D.CL
Name
tore
President 1215117
Position Date
Privacy Act Statement
Title I of the Lthics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634,
Subpart I require the reporting of'this information. The primary use ol'the information on this form is fbr review
by officials of The Justice Departnnerit to determine compliance with applicable federal conflict or interest laws
and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, slate or
local la%v enforcement agency if the JUStice Department becomes aware of a violation or potentitd violation of
law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a
patty or in order to comply with a judge -issued subpoena; (3) to 9 sotn•ce when necessary to obtain information
relevant to a conflict of interest investigation a1- decision; (4) to the National Archives and Records
Administration or tlne General Services Administration in records management inspections; (5) to [lie Office of
Management and Budget during legislative coordination on private relief legislAon; and (6) in response to a
request for discovery or for the appearance of A witness in a judicial or administrative proceeding, if the
infortnalion is relevant to the subject matter. This confidential certification will not be disclosed to any
requesting person runless authorized by law. See also the 0GEMOW-2 executive branch -wide Privacy Act
system orrecordds.
GCA- 4
Y� ,-,
�
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
........ .__.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status wlli be Verified, unverlfabit 54atuseS v,ill rcquier- the PRIME to either proiNde a teyised statement or provide source dacumentatlon that validate$ a
status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRiNIENANIE PRIMLfEioNUMBER CoNTUCT00 WRAMOUriT
Taylor Engineering, Inc. 59-2850478 TBD
ISTHE PRII.11 8 FLORIDA CERTtkf:0 0154,01w irAGED. ,,-zTEAAN Y 15 THE dCTIVIT'r OF THIS CONTRACT..
MINORITY OR WOMEN N.141145S ChTERPRIW DBE!' Y CONSTRUCTION ? Y I I
t0MtNI,-rRATION?
DOW-1111VY1ISEi OR IMAVE A SMALL015ADVAhTAW
ush[ysseefpn:ICanoNFRt7htTrlESf.1ALLEVSINESS r'�BE' Y a eOk�IJlrhnot�} r r�
J
ASERVICE OISAKEDYETERM11 V1t3E8 Y OTHER? Y rf
cos Doi Y
IS TH15511MMISSiON A REVrsiomi t 11 F YES, REMION EtVPIBER
B, IE PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN-OWNED, SMALL
BUSINESS CONCERN OR SERVFCE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
DBE h1j%NBE SUBCONTRACTOR OR SUPPLIER TYPE W WOAk OA ETHNICITY COOS SUB/5UPPLIER PERCWT OF LONTRACY
VETERAN NAME SPECIALTY ISee ISelovwl DOLLi1RAMOUrir D13LLARS
DISEMal-CO ttrVeytngtart Surveying O TBD TBD
mapping. 111C
MBE Robau mid Associaics, LLC Eilgincerhg IIA TBD TBD
I
Tore
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF 5UCK41TTIR DATE TrrLE Or' SUBMITTER
James N. MaI'ino 12/5/17 President
EMAIL ADDRESS OF PRIME [SUBMITTER) TELEPHONE t{UMBER FAX NUMBER
marina a tay orellgincering.coin 904-731-7040 904-731-9847
NOTE; This Information is used to track and report anticipated DISE cr PABE partscipatian In federally4Undtd contracts. The anticipated D8E or
FdbE amount is vol unt9ry and will not become part of the contractual t6 row. This form must be sutfmitted at time or ►/sponse to a
solritiption. If and v,htn awarded I County contract, tha prime will be asked to update the Infortnation for the grant compliance fi Ie:
UNNI07y
CODE
olackAmerlcan
6A
Hispanlc American
HA
NitiVIIAmericon
NA
Subtont. Asian American
SA4
Asian-PadfitAmerictin
APA
NomrtinorlrrWoman
NMW
other: nct of any other group listed
O
D. SECTION TO RE COMPLETED BY COLLIER COUNTY
OE PARTh9E14TNWE COUIER[6NSRACT1+jlFISiAFporPO!REO' QRL?4t"Oro RAM)CONTRACT
ACCEPTED BY: DAT!
XIAI131`1` B
GRANT CERTIFICATIONS AND ASSURANCES
CULLIEfR COUNTY
Acknowledgement of Terms, Conditions and Grant Clouses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signet] subcontract must be available to the Department for review and approval. The vendor agrees to
include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
recipient shall document in the quarterly report the subcontractor's progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to
whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Certification
On behalf of my firm, 1 acknowledge, and agree to perforit7 all of the specifications and grant requirements
identirled in this solicitation do,Qament(s).
Vendor/Contractor Name r 4Y L- 1_ fl. C(�rZ�l� F lA%C. Date
Authorized Signature
Address 1 '�P' - �.� �t.rr 2`%-7 G- 3,3/
solicitation/Contract #
GCA -7
Uya
PROFESSIONAL SERVICES AGREEMENT
Contract # 187245
for
Collier County Comprehensive Watershed Improvement Plan
■❑ CCNA ❑ NON,CCNA
THIS AGREEMENT is made and entered into this day of "20 by
and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Taylor Engineering, Inc. , authorized to do business in the
State of Florida, whose business address is 10151 Deerwood Park Blvd, Bldg. 300, Jacksonville
FL 32256 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Collier County Comprehensive Watershed Improvement Plan
(hereinafter referred to as the "Project"), said services being more fully described in Schedule A,
"Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional 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 COUNTY 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
Page I of32
PSA Single Project Agrcemont 2417.010 Wr.1
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 the COUNTY.
1.5. CONSULTANT designates John Loper, RE, a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY 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 the COUNTY.
1.7, The CONSULTANT represents to the COUNTY 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 COUNTY'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:
Page a of 32
P$A Single Project hgnvmen12017.010 Ver./
a
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.
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.
1,8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTYS 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.
1.9. 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 CONSULANT 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
31age 3 o1'32
i'S11 �ingVe I'rujcd A�ree�n�n12017.biD VeK.I
CONSULTANT for services and/or items necessary to correct the deficiencies directly related to
the CONSULTANT's non-performance whether or riot the COUNTY obtained substitute
performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, 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 the COUNTY. 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
2.1. If authorized in writing by the COUNTY 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 the COUNTY's Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
the COUNTY 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. the COUNTY will not be responsible
for the costs of Additional Services commenced without such express prior written approval.
Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of
any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT
that such Work is not additional but rather a part of the Basic Services required of CONSULTANT
hereunder. If the COUNTY 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 cf the changes or variations, provided that CONSULTANT has
delivered written notice to the COUNTY 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
seep an adjustment to its compensation or time of performance under this Agreement. The
following services, if not otherwise specified in Schedule A as part of Basic Services, shall be
Additional Services,
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PRA Single Pro uLd Agrccnicnt 2017.010 Yer, l
�t4�
2.2, 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_
2,3_ 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, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY 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.
2.4. Providing renderings or models for the COUNTY's use,
2.5. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.6. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY 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).
2.10. 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
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY'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 the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever;
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PSA Singic Project Agreement 2017.010 Ver.I
(a
3.2.
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 COUNTY is obligated or committed to pay the
CONSULTANT.
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 the COUNTY'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 COUNTY'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
COUNTY with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from the COUNTY 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 COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY 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 the
COUNTY 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 the COUNTY.
CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time
Page G nf32
PSA Single Pruicet AgYeemulit 2017.010 VV.I
to its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such
delays,
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY 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 COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on
schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT
be deemed a waiver of any right cr claim the COUNTY 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 COUNTY 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 contractor for the amount of labor
time spent by the CONSULTANT's employees and subcontractors to perform the work (number
of 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 6, which is attached hereto, shall
apply only to tasks procured under the Time and Materials pricing methodology specified in
paragraph 5.1 above. Q Grant f=unded: The hourly rates as set forth and identified in Scheduie
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PSA Single Project Agrcmun12017,010 WL l (a
B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor
agency.
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6,1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY 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"). The COUNTY 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 the COUNTY
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
(3,2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this
Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this
license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project
Documents to complete the Project following CONSULTANT's termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges the COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by the COUNTY.
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. The COUNTY, or any duly authorized agents or representatives of the COUNTY, 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 the COUNTY, 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
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I15A Singh Prujccl ftrecmeni2017.010 ver.1 (3
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
8.9.1. The duty to defend under this Article 8 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
9.2. All insurance shall be from responsible companies 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 Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier
County Government, 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
the COUNTY 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 the COUNTY 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 the COUNTY 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.
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VSA Siegle 1'rojccl Agreement 2017,010 Ver.��
i.,
9.4, CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, 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
SERVICFS BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONS ULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. 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 COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY 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 COUNTY 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 All personnel, identified in
Schedule F shall not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or
subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume
toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by
this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement
shall preserve and protect the rights of the COUNTY under this Agreement with respect to the
Services to be perfcrmed by the subconsultant or subcontractor so that the sub consulting 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 the COUNTY 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 the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall
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PSA Single Pmjccl Agreement 2017 010 Vero
provide that, at the COUNTY's discretion, they are assignable to the COUNTY 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 the COUNTY arising out
of this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment
by the COUNTY shall be deemed to be a waiver of any of the COUNTY'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 the COUNTY 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 the COUNTY, 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 COUNTY 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 the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.9, 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 the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3, The COUNTY 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 the COUNTY 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 the
COUNTY, 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.
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PSA Single Project Agreement 2017 01(.) Ver I
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control.
12.5. The COUNTY 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) the COUNTY 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) the COUNTY otherwise persistently fails to fulfill some material
obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY
has failed to cure such default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such
default is cured, after giving THE COUNTY 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 the COUNTY of
CONSULTANT's intent to terminate this Agreement. If the COUNTY 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 COUNTY, terminate the Agreement and
recover from the COUNTY 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 the COUNTY.
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. ❑■ CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida
Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate,
attached hereto and incorporated herein as Schedule E, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT's services to be provided under
this Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the COUNTY determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this Agreement.
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PSA Single Project Agreement 2017.010 Ver.1
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 COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Director: Amy Patterson
Division Name: Capital Project Planning, Impact Fees and Program Management
Address: 2685 South Horseshoe Drive, Unit 103
a les, FL 34104
Administrative Agent/PM: Gary McAlpin
Telephone: 239-282-5342
E-Mall(s): Gary, McAIn colliercount f . ov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record;
Company Name: Taylor Engineering, Inc,
Address: 10151 Deerwood Park Blvd., Bldg. 300, Suite 304
Jacksonvi e FL 32255
Authorized Agent: John Lo ir, P.E.
Attention Name & Title: Jon Loper, P.E., Associate Vice Press int
Telephone: -813-963-6469
E-Mail(s): ITo—p6r@tayiorengineering.com
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PSA Single Project Agreemen12017.010 VerA
0
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 the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY 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 the COUNTY.
17.4, Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.6. 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
FE -1 Schedule E CCNA Protects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: Grant Certifications and Assurances
Solicitation # 18-7245 , including all Attachment(s), Exhibit(s) & Addendum
Consultant's Proposal
Page 14 or32
PSA Single Projs.ct Agreement 2017.014 Ver I
17,10, U Grant Funded Pro'ects: In the event of any conflict between or among the terms of
any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the
terms of the Agreement shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Grant Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
CONSULTANT at the COUNTY's discretion.
17.11. Applicability. Sections corresponding to any checked box expressly apply to the
terms of this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
1$.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. A At the time this Agreement is executed,
CONSULTANT shall sign and deliver to the COUNTY the Truth-ln-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 the COUNTY
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 the COUNTY of and is in compliance with the terms of Section 287,133(2)(x) of the Florida
Statutes which read as follows
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
11,igc 150'32
PSA Smg1e Pruire� Agreement 2017.410r r ��
t- J
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 TWD 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 the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY 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
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44,102, Fla. Stat.
20,2, Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
(signature page to follow)
Page I6n1':32
PSA Single Prnlect Agttcmcnl2017.010 Vero
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
M
Date:
Approved as to Form and Legality:
County Attorney
Name
Consultant's Witnesses:
Witness
7? w/ler
Name and Title
Witnesi
/
/yP57dz l�a�n,a G y• / c�PSiSh r�
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Andy Solis, Esq. Chairman
Consultant:
Taylor En ineer'n Inc.
By:
JJun� LoP��� f�S�oGl.an'r V 1G1C 12, 5'061I
Name and Title
Page 17 of 32
PSA Single Project Agreement 2017.010 Ver.] �✓
SCHEDULE A
SCOPE OF SERVICES
F■ following this page (pages 1 through 6 )
Page 18 of 32
PSA Single Project Agreement 2017.010 Vent
18-7245 — Collier County Comprehensive Watershed Improvement plan
Schedule A
Phase 1 - Permitting Needs Assessment, Data Collection, and Analysis
The County and Its consultants shall meet with various agencies with all available data compiled in a
useful format for such meetings, to determine what additional data is necessary for project permitting.
This phase is necessary to determine which permits and regulatory requirements may or may not be
necessary for the project. Following the needs assessment, the Consultant will collect additional data
and conduct targeted analyses required to support the Phase 2 permitting tasks. Phase t will consist of
the following activities:
1,1 Team Workshop and Preliminary Data Compilation
An initial workshop will be held in Collier County's offices to facilitate the transfer of knowledge to the
Consultant Team including a discussion of potential permitting obstacles. Following the workshop,
compilation of data will include:
Development of background information, including a detailed project description, site location
and anticipated environmental issues
Compilation of relevant available data (including CIS data) to coordinate with regulatory
agencies in Identifying potential environmental issues and permitting requirements
1.2 A enc /Stakeholder Coordination and Pre -Application Meelin s
Coordination and meetings with state and federal regulatory agencies for necessary monitoring
and permitting requirements for species, habitats and wetlands and may Include:
o Meeting with Florida Forestry Service (FFS), U.S. Fish and Wildlife Service (USFWS),
Florida Fish and Wildlife Conservation Commission (FWC) and National Marine Fisheries
Service (NMFS) to review listed species and habitats potentially impacted by the proposed
project and develop list of species for which surveys should be implemented, and to
discuss permitting requirements
o Meet with U_S. Army Corps of Engineers (USAGE) and Florida Department of
Environmental Protection (FI7EP) to review preliminary wetland data (GIS -based) and
determine level of effort for wetlands characterization, including anticipated shifts in
vegetation, and anticipated permitting requirements.
o Meet with USAGE and the U.S. Environmental Protection Agency (EPA) to determine the
level of effort for NEPA analysis
Coordination with USAGE regarding Picayune Strand - It is anticipated that the nearby
restoration efforts for Picayune Strand have the potential to complicate the permitting associated
with the County's project. While the South Florida Water Management District (SFWMD) Big
Cypress Basin (BCD) has been fully aware of the County's project on a staff level, projects being
completed by state and federal agencies will be coordinated, at a technical and staff level, with
the County's project. This effort will involve maintaining close coordination between the County's
modeling team and the BCB and others as related to the use of the USAGE's Gridded
Surface/Subsurface Hydrologic Analysis (GSSHA; aka "Geisha") model.
Coordination with the City of Naples and Rookery Bay National Estuarine Research Reserve
(RBNERR).
• Meetings and Coordination with other stakeholders, including the Florida Department of
Transportation (FDOT), affected property owners and the public. This task may extend beyond
the initial permitting needs assessment phase and into the permit application phase.
Presentation and display materials for such meetings will be developed as required.
1.3 Environmental Data Collection and Analysis
This Task includes preliminary data collection to evaluate changes in habitat, actual rates of
infiltration and evapotranspiration, and changes in water quality associated with project
implementation. FFS highlighted the fact that it will be vital for the County to know the impacts of its
own project on things like water levels, habitat and water quality. As such, this effort is anticipated to
be designed as a Before and After, Control and Impact (BACI) study design and will involve setting up
a series of randomly located sampling locations in areas likely to be impacted by project components
(the Impact stratum) as well as areas outside of the footprint of the project (the Control stratum). As
well, data would be collected both before project completion, as well as after project completion.
Collected data would be used in any required modifications of the modeling effort. The following
components would be involved:
Site selection of monitoring locations — The Consultant, in consultation with the County, will
design and implement an environmental data collection program. The objective of this
environmental data collection (i.e., monitoring) is to evaluate changes in habitat and water
quality that may occur with implementation of the CWIP. The Request for Proposals called for 30
random locations within the area of project impacts and 30 random locations in areas likely to be
unimpacted by the project. Sampling stations within the areas of project impacts must represent
the full range of areas affected by the CWIP features and they must remain suitable for sampling
over a long period. However, random site selection within the area targeted for restoration may
not be the best approach to sample site identification. The reference area may contain a range
of natural communities that the restoration plan wishes to replicate. Thus, we will assess random
and selected sample point alternatives for the County to review. The final number and locations
of monitoring sites will be determined at this stage in consultation with the County and FFS.
• Sampling locations will be surveyed in by a licensed survey and mapping firm, to include top of
well and natural ground.
• At each of the locations, bi-annual and quantitative sampling of the vegetation (up to 4 events)
o Species richness
o Species diversity
o Percent native vs. non-native
• At each of the locations, quarterly recording of water levels and/or groundwater levels via use of
piezometers and/or staff gages (up to 8 events)
• At each of the locations, quarterly collection of water quality data (for surface water samples) for
the following parameters (up to 8 events)
o Water temperature
o pH
o Dissolved oxygen
o Specific conductance
a Total nitrogen
a Total phosphorous
Analysis and presentation of collected data in graphical and tabular format, as well as spatial
(GIS) mapping to include:
o Simple statistical measures (e.g, range, median standard deviation, and 251" and 75°h
percentile) and GIS plots of data by location will be used to evaluate initial water quality
monitoring results. As data accumulate from multiple monitoring periods, more advanced
statistical methods may prove useful for data evaluation. Similarly, simple statistics and
GIS plots will suffice for initial evaluation of vegetation monitoring results but other
methods, including multivariate analyses may become useful as data accumulate.
o Existing mapping of vegetation and habitat will be used andlor adapted where suitable,
such as the Florida Natural Areas Inventory (FNAI) mapping FLUCCS habitat mapping
currently underway for the Picayune Strand, expected to be available by summer of
2018.
o Identification of expected ! observed water levels by habitat and projections of habitat -
level water elevation changes, potential community shifts, and seasonal summaries by
area
o Listed species habitats, habitat characterizations, GIS analysis of changes to habitat
footprints (if any) with additional wet season hydration
1.4 Hydrologic, Hydraulic, and Water Quality_ Modeling and Analysis
This effort may require modification of prior estimates of the degree of change in groundwater elevations
due to the Project. This will require refinements to the County's MIKE SHE/MIKF-11 model to reflect
those changes and working to gain consensus with other agencies regarding model results. This effort
will focus on refining estimates of changes in groundwater elevations in the following locations:
o Northern flow -way
0 1-75 Canal and South Pelle Meade spreader
o Picayune Strand State Forest and Picayune Strand Restoration Project
o Six L's agricultural area
a Urban areas along Henderson Creek and south of U.S.41
Model refinements will incorporate the surface and groundwater level monitoring results from the Task
1.3 data collection efforts, which will be used to further calibrate the MIKE SHE model with respect to
infiltration rates and evapotranspiration, Additional model detail (described below), will help to leverage
those data collection efforts to improve the robustness and reliability of the model results.
Within the Henderson Creek/Belle Meade Watershed, the County's previous consultant team adopted
previous model refinements implemented by Interflow Engineering, LLC (now a part of Taylor
Engineering, Inc.) as part of the Rookery Ray restoration study. Taylor Engineering recently updated the
County's model for the SFWMD, as part of the Big Cypress Basin Hood Protection Level of Service
(FPLOS) project. This update included adding detail certain areas and improving the model calibration for
existing conditions. The BCB FPLOS version of the model contains all of the previous updates and will
serve as the basis for the updated existing conditions model,
The most significant model improvement the Taylorllnterflow Team made as part of the Rookery Bay
(Henderson Creek) restoration was to reduce the model grid cell size from the original 1,500 feet to 375
feet. That change allowed the simulation of overland flow In two dimensions within the Belle Meade Flow -
Q
Way and other areas, where the previous model simulated all major overland conveyances using only the
I -D MIKE -11 component. Smaller grid cells allow better representation of the natural topography and thus
more accurate representation of the 2-dimensional flow fields critical for estimating wetland hydroperiods
and water budgets. The current version of the County's model utilizes 500 -foot grid cells. If the project
budget allows, the cell spacing could be reduced to 250 feet while still maintaining reasonable simulation
times. The increased accuracy would provide better representation of overland flow, evapotranspiration,
groundwater flows and levels, and wetland hydroperiods in the areas of interest, thus resulting In a more
reliable and defensible modeling tool to support final design and permitting.
Interpreting the model results of both current and proposed conditions will be closely coordinated with the
wetland scientists and ecologists within the Taylor team and stakeholder agencies such as the FFS and
FWC. This effort will help to ensure the proposed project will result in hydrology suitable to support the
target vegetation communities,
Nutrient modeling of pre- and post- project conditions will be required to demonstrate the levels of
nitrogen and phosphorus removal provided by the constructed flow -ways and within the Belle Meade
flow -way. Depending on the requirements of FDEP, this effort may require a more sophisticated water
quality modeling approach that utilizes the results of the hydraulic and hydrologic modeling currently
available. This could be accomplished either via a more sophisticated analytical approach, or by utilizing
the water quality module built-in to the MIKE SHE software. The approach for this effort will be refined
following initial discussions with FOEP_
Phase 2 — Permitting and Grant Management
This second phase of project development is preparation of design plans suitable to support permit
applications, along with all required data, narratives, and exhibits. Initlal agency coordination in Phase 1
will have determined the permitting requirements for species, habitats, wetlands, and infrastructure.
Subsequent pre -application meetings with agencies having jurisdiction over the project will establish the
level of Information required to achieve completeness for agency review.
2.1 Prepare Permit Applications
Depending on the results of the Permitting Needs Assessment and data collection activities, it is
anticipated that sufficient funding may remain to perform permitting and design activities required by
regulatory agencies for the following permits:
+ SFWMD Conceptual Environmental Resource Permit (ERP)
• USACE Federal Dredge and Fill Permit
Task includes development of permit applications and associated narratives, analyses, and exhibits such
as:
* GIS mapping of vegetation and species pre- and post -project (projected),
■ Water level and depth mapping pre- and post -project for an array of conditions including expected
seasonal changes and design storm events required per the Basis of Review,
■ NEPA support including environmental and biological assessments, and
■ Responses to requests for additional information (RAls)
2.2 PreRare Preliminary Design Plans
The activities completed in Phase 1 will be used to update the design parameters of the previous (Atkins,
2016) conceptual design plans. The Consultant will develop a refined and updated set of
4
O
conceptuallprelimiMary drawings that will serve to support the permit applications_ These drawings will
not be of sufficient detail for construction but will convey the design intent suitable for a conceptual ERP.
Design -level surveys of individual project areas (i,e., for preparation of final construction drawings) are not
included in this effort.
2.3 Grant Management Activities
Collier County has pledged all of Pot 1 ($6M) and all of Pot 3 ($12M) to the execution of this project. The
total cost of this project is estimated to be approximately $32M leaving a funding shortfall of
approximately $14M. Grant management services are anticipated to work with staff to identify, educate
and secure additional funding sources from federal and state decision makers within the RESTORE Act
umbrella to complete the funding of this project.
As part of this phase, the Taylor Team will assist the County in preparing materials to support grant
applications for the balance of funds needed for construction. Initial efforts will likely focus on Pot 2 of the
RESTORE Act funds. We will also seek other potential funding mechanisms in the event the RESTORE
funding (beyond the $18 million already identified) falls short of the estimated $32 million cost. In addition
to those sources the County has already identified other potential opportunities including the NOAA
Coastal Resilience Grant and the National Fish & Wildllfe f=oundation,
This task also includes assisting the County with monitoring, reporting, and submittals for expenditure
reimbursements for the currently committed RESTORE Act funding.
Assumptions
Due to the uncertainty associated with permitting a project of this size and complexity, several
assumptions were required in the developing this Scope of Work. If any of these assumptions prove to
be erroneous, adjustments to the scope and budget will likely be necessary:
1. Salinity modeling of Rookery Bay mangrove wetlands and Rookery Bay open waters receiving
freshwater inflows will not be required. Predictions of current wet season freshwater deficits will be
sufficlent to support regulatory acceptance of proposed flows into Rookery Bay.
2. Any necessary water quality sampling within Rookery Bay or the adjacent coastal wetlands will be
undertaken by others.
3. Existing data andlor literature values on surface sediment nutrient concentrations are sufficient to
use as the basis for nutrient modeling to verify nitrogen and phosphorus removal predictions as
water passes from the GGC to the Six -Ls agricultural area (summarized in CCWIP [Final)
September 23, 2013, pp 5252). Modeling will apply analytical models of nitrogen and
phosphorus species to estimate soil and water column nutrient dynamics, possibly in conjunction
with the MIKE SHE modeling using the ECO Lab module.
4. No modeling of soil —water column nutrient exchanges or dynamics in the Six -Ls agricultural area
will be performed as part of this project,
5. Sufficient water quality data from the Six -Ls agricultural area (or similar tomato farm environments
elsewhere in Florida) are available to make preliminary assessments of effects of those soils on
water quality if used as a flow -way and preliminary assessment of potential vegetation community
and wildlife impacts associated with restoration of wetlands on those properties.
B, As part of stakeholder outreach efforts, Collier County will assist in identifying the stakeholder
groups and contacts, meeting locations and other support details.
The SFWMD and USACE will lead state and federal permit application reviews. The Consultant
will request a conceptual ERP from SFWMD and a dredge and fill permit from the USACE.
8. No Florida Department of Transportation (FDOT) drainage connection permits are Included at this
stage of project development.
S. Survey requirements limited to the well locations (approximately SO) -
References
Atkins, 2016. COW County Comprehensive Watershed Improvement Plan. Prepared for Collier County
and the Rookery Pay National Estuarine Research Reserve.
6
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY 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, the COUNTY agrees to make the
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 the COUNTY's reasonable satisfaction. Lump sum payments will be made
upon the percentage complete. In no event shall such Time and Materials compensation exceed
the amounts set forth in the table below.
Tasks/item
Description
Lump Sum
Time and
Materials
Not -To -
Exceed
1.1
Team Workshop and Data Compilation
$
$
31,845.00
1.2
Agency/Stakeholder Coordination and Pre -Application Meetings
$
$
79,204.00
1.3
Environmental Data Collection and Analysis
$
$
551,877.00
1.4
Hydrologic, Hydraulic, and Water Quality Analysis
$
$
373,964.00
2.1
Permit Applications
$
$
163,388.00
2.2
Preliminary Design Plans
$
$
138,800.00
2.3
Grant Management
$
$
35,916.00
2.4
Contingency
$
$
125,000.00
$
$
Total Lump Sum Fee
$
$
Total Time and Materials Fee
$
$ 1,499,994.00
GRAND TOTAL FEE
$
$
Page 19 of 32
PSA Single Project Agreement 2017.010 Ver.l
B.2.2. ❑■* Time and Material Fees; The fees noted in Section 13.2.1, 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 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY's prior written approval.
11322, 1, Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
8-2-.37 Q*-LIQ►-Fee,%�—The-teas rat$d4-SeGhon--2--9--skull-c;onst4tute-the-lur4p r -amount
roNisi)ig a nro _f 4ho Rosi i�as- ;i40._Su—b@--Ro
rior
13.2,111 rnni L>i T la skr with-eac#+o the ara kafjc-stat�i� r r+� rcav4ded-fir
wu ds , ,
$ iG$t F1 A F9Rdl FW6$c
during Oho-&wll4&Gt4�414Ag-rnQPt4-
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY 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 3.4 1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.5. The compensation provided for under Section 13.2.1 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 the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable,
Page til of'32
PSA Single Prgject A�rccmenl 2017 010 Vesr. I
3. SCHEDULE OF PAYMENTS
13.3.1. 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, identity the services rendered and must be
submitted in triplicate in a form and manner required by the COUNTY.
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.
8.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and 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.
13.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement oz 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 §112.051, Fla. Stat., or as set forth in
the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the
fallowing items:
13.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
13.3.4,12 Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals, all
in accordance with §112.051, Fla. Stat. Further, such expenses, if approved by the COUNTY,
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,
8.3.4.1.4, Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
Page 21 ot'32
PSA Single. Project AgrceMCM 2047,010 Ver -1 �6'\
'0
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3,4,1,7. The CONSULTANT shall bear and pay all overhead and other expenses,
except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
8.3,4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
i,age 22 of32
PSA Single Project ftrcemcnt 2017.010 Ver.I
SCHEDULE B — ATTACHMENT 'I
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Hourly Rate
Principal
$215
Project Manager
$191
Senior Professional
$176
Project Professional
$134
Staff Professional
$100
Senior CAD/GIS
$146
Project CAD/GIS
$112
Administration
$65
Intern
$43
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment
upon mutual agreement in advance and in writing by the parties. Q■ *Grant Funded: The above
hourly rates are for purposes of providing estimate(s), as required by the grantor agency.
Page 23 of 32
PSA Shigle Project Agreelnent 2011.010 Ver.]
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Task/item
Description
Cumulative Number
of Calendar Days
For Completion
from Date of
Notice to Proceed for
Services under this
A ,reement
1.1
Team Workshop and Data Compilation
730
1.2
Agency/Stakeholder Coordination and
Pre -Application Meetings
730
1.3
Environmental Data Collection and Analysis
730
1.4
Hydrologic, Hydraulic, and Water Quality
Analysis
730
1.5
Numeric Nutrient Criteria for Rookery Bay
730
2.1
Permit Applications
730
2.2
Preliminary Design Plans
730
2.3
Grant Management
730
2.4
Contingency
730
Page 24 of 32
PSA Single Project Agreement 2017.010 Ver.l
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 COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. 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 COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY 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 COUNTY.
Page 25 of 32
PSA Single Project Agreement 2017.010 Ver.lg
S. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY 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 the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
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
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, 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 COUNTY with such renewal certificates) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause,
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? Al Yes ❑ No
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 - The coverage must include Employers' Liability with a
minimum limit of $ 100,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11- United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work, Required by this Agreement? ❑ Yes ❑■ No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes ❑IA No
13_ COMMERCIAL GENERAL. LIABILITY.
Required by this Agreement? 7 Yes ❑ No
A. 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,
Page 26 af'32
PSA Single Fraaect Agreement 2017.010 Ver.I
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 COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$ 2,000,000 aggregate.
B. 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.
14. 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.
15. 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.
Required by this Agreement? ❑ Yes X No
16. 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.
Required by this Agreement? ❑ Yes X No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? ❑ Yes FE] No
Business Auto Liability: Coverage shall have minimum limits of $ Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The
ownership.
Page 27 of 32
PSA Single Project Agreement 2017.010 Ver.]
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement?❑ Yes ❑ No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$1,000,000 Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement?❑ Yes ❑ No
Cyber Insurance: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
20. UMBRELLA LIABILITY.
A. 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.
B. 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.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? ❑E Yes ❑ No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. 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 COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, 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 the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY 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
Page 28 of 32
PSA Single Project Agreement 2017.010 Ver.l
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 the COUNTY.
22, VALUABLE PAPERS INSURANCE.
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.
23, PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY
and the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a
renewal occurs during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that any such
credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY
and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY 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.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibleslself-insured retention.
q. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
B. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
Page 29 of'32
PSA Singlc Project Agreement 2417.410 Ver. I
fr,�
❑ This schedule is not applicable.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Taylor Engineering,Inc. (company's name)
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 " Collier County Comprehenslve Watershed Improvement Plan"project is accurate, complete and current
as of the time of contracting.
BY:
TITLE:
DATE:
Nsge 30 oi'32
PSA Single Project Agreement 2017.010 Ver -1 IFN
SCHEDULE F
KEY PERSONNEL
Name
Personnel Category
Percentage
of Time
Michael DelCharco, P.E.
John Loper, P.E.
Prinelpal
project Manager
1
8
David Stites, Ph.D.
Project Manager
5
Keith Knight, RE,
Senior Professional
2
Michael Kabiling, Ph.D„ RE.
Senior Professional
5
Christopher Ellls
Senior Professional
3
Maurice Vaughan, P.E.
Project Professional
10
Jenna Phillips
Project Professional
7
Anton Flewelling
Senior CADIGIS
6
Various Staff
Staff professional, Technician, Administration, Intern
53
Page 31 of 32
PSA Single Project Ag raiment 2017.010 Vet. I TO
SCHEDULE G
Other: Grant Certifications and Assurances
(Descr'iptioo)
W following this page (pages 1 through 16 )
❑ this schedule is not applicable
Page 32 of 32
PSA Single Project Agreement 2017.010 Ver, i�(`a�
j o—
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FEDERAL UNITED STATES DEPARTM ENT OF TREASURY — CFDA 21.015
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications.
The County must comply, and require each of its contractors, and subcontractors employed in the
completion of the activity, project, or program to comply with all federal statutes, federal regulations,
executive orders (EOs), office of Management and Budget (OMB) circulars, Standard Terms and
Conditions, Program -Specific Terms and Conditions, and any Special Award Conditions of this Federal
Financial assistance award ("Award"), as applicable, in addition to the certifications and assurances requii-ed
at the time of application.
Any inconsistency or conflict in Standard Terms and Conditions, Program -Specific Terms and Conditions,
and any Special Award Conditions of this Award will be resolved according to the following order of
precedence: federal laws, federal regulations, applicable notices published in the Federal Register, EOs,
OMB circulars, Treasury's Standard Terms and Conditions, Program -Specific Terms and Conditions, and
any Special Award Conditions. Special Award Conditions may amend or take precedence over Standard
Terms and Conditions and Program -Specific Terms and Conditions.
Standard Terms and Conditions may be found at;
https:l/www.treasui-y,-aov/service/restore-
ac(/Docutnents/RESTORE%20ACT°/u2 S andard%20TerFn °/ti20and%2OCandi ions August 201 df
Contractor means an entity that receives a contract. The services performed by the awarded Contractor and
its subcontractors shall be in compliance with all applicable grantor regulations/requirements, and
additional requirements specified in this document in the completion of the activity, project or program.
It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and
guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower
tier contracts ( e.g. subcontract or sub -agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract
provisions by reference for work done under any purchase orders, rental agreements and other
agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower -tier subcontractor or service provider.
FCP-I
T 0
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FEDERAL CONTRACT PROVISIONS
Administrative, contractual, or legal remedies (Ref, 41 U.S.C. 1908,2 CFR § 200 Appendix 11 (A)
Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in
question between the local government and the contractor, arising out of or relating to this contract, or the
breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent
jurisdiction.
Records Retention - The Contractor must retain all records pertinent to this project for a period of three
years, beginning on a date as described in 2 C.F.R. § 200,333.
Access to Records
The contractor must make available to Treasury, the Treasury Office of Inspector General, and the
Government Accountability Office any documents, papers or other records, including electronic records,
of the contractor that are pertinent to this Award, in order to make audits, investigations, examinations,
excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access
to the contractor's personnel for the purpose of interview and discussion related to such documents. This
right of access shall continue as long as records are retained
Access to Sites
The Treasury, the Treasury Office of Inspector General, and Government Accountability Office shall have
the right during normal business hours to conduct announced and unannounced offsite and offsite physical
visits of recipients and their contractors corresponding to the duration of their records retention obligation
for this project/award.
No Government Obligation to Third Parties - Applies to all contracts, The County and the Contractor
acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval
of the solicitation or award of the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Vendor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract, It is further agreed that the
clause shall not be modified, except to identify the subcontract who will be subject to its provisions.
Clean Air and Federal Water pollution Control Acts (Reference; 2 CFR § 200 Appendix B (G))
Contracts and sub grants of amounts in excess of $150,000 shall contain a provision that requires the
Contractor or recipient to comply with all applicable standards, orders, or requirements issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 125113$7). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA).
Energy Policy and Conservation Act - (Reference 2 CFR § 200 Appendix 1I (H))
The contractor shall comply with any mandatory standards and policies relating to energy efficiency which
are contained in the F I o r i d a state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871, 42 U.S.0 Section 6201)
Debarment and Suspension (Reference 2 CFR § 200 Appendix II (1)), 31 C.F.R. Part 19)
Contract awards that exceed the small purchase threshold and certain other contract awards shall not be
made to parties listed on the government wide Excluded Parties List System in the System for Award
Management (SANT), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR Pail 1986 Comp., p. 1$9) and 12689 (3 CFR Pail 1989 Comp., p. 235), "Debarment
and Suspension." The )excluded Parties List System in SAM contains the names of panics debarred,
FCP-2
EXHIBIT A FEDERAL CONTRACT PROVISIONS
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. The successful bidder, by administering each lower
tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of
a "covered transaction" under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project.
Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) (Reference 2 CFR § 200 Appendix II (J)) -
Contractors must certify it will not and has not used Federal appropriated funds have been paid or will be
paid, by or to any person or organization for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement. The certification includes any lobbying with non -Federal funds that takes place in connection
with obtaining any Federal award.
Contractors and subcontractors must submit form SF -LLL to the County with 15 calendar days following
the end of the calendar quarter in which there occurs any event that requires disclosure or that materially
affects the accuracy of the information contained in any disclosure from previously filed.
Procurement of Recovered Materials - (a) In accordance with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest
percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not
reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards,
Which shall be determined on the basis of the guidelines of the National Institute of Standards and
Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a)
of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in
excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the
Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal
appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a
State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
Diversity (Reference 2 CFR § 200.321) The County is dedicated to fostering the continued development
and economic growth of small, minority-, women-, and service -disabled veteran business enterprises. All
contracting and subcontracting opportunities afforded by this solicitation/contract are strongly encouraged
to contribute as both Contractors and Sub -Contractors. Firms may be required to submit documentation
addressing diversity and describing the efforts being made to encourage the participation of small, minority-
, women-, and service -disabled veteran business enterprises. Information on Certified Minority Business
Enterprises (CMBE) and Certified Service -Disabled Veteran Business Enterprises (CSDVBE) is available
from the Office of Supplier Diversity at:
http•//dms myflorida coin/other programs/office of supplier diversity osd/
Subcontractng The County must follow all procurement requirements set forth in 2 C.F.R. §§ 200.318,
200.319, 200.320, 200.321, 200.323, and 200.324. The contractor, and/or subcontractor must not sub-
contract any part of the approved project to any agency or employee of Treasury and/or other federal
department, agency, or instrumentality without the prior written approval of Treasury. Treasury will
forward all requests to Treasury's Office of General Counsel for review before making a decision. Treasury
will notify the recipient in writing of the final determination.
FCP-3
EXHIBIT A FEDERAL CONTRACT PROVISIONS
Environmental Requirements - Collier County trust comply with all environmental standards, and
provide information requested by Treasury relating to compliance with environmental standards, including
but not limited to the following federal statutes, regulations, and Ms.
I. National Historic Preservation Act, as amended (54 UA.C. § 300101 et seq.) and Archeological and Historic
Preservation Act, as amended (54 U.S.C. § 312501 et seq.)
2. The National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321 et seq.)
3. Clean Air Act, as amended (42 U.S.C. § 7401 et seq.), Clean Water Act, as amended (33 U.S.C. § 1251 et seq),
and EO 11738
4. The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4002 et seq)
5. The Endangered Species Act of 1973, as amended, (16 U.S.C. § 1531 et seq.)
6, The Coastal Zone Management Act, as amended, (16 U.S.C. § 1451 et seq.)
7. The Coastal Barriers Resources Act, as amended, (16 U,S.C. § 3501 et seq.)
S. The Wild and Scenic Rivers Act, as amended, (16 U.S.C, § 127E et seq.)
9. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C, § 300f --j)
10. The Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. § 6901 et seq.)
11. The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. § 9601 et
seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note)
12. Magnuson -Stevens Fishery Conservation and Management Act, as amended (16 U.&C. §1801)
13. Marine Mammal Protection Act, as amended (16 U.S.0 § 31)
14. Migratory Bird Treaty Act, as amended (16 U.S,C, §§ 703-712)
15. Responsibilities of Federal Agencies to Protect Migratory Birds, EO 13185
16. Bald and Goiden Eagle Protection Act, as amended (16 U.S.C. § 669-668d)
17. Marine Protection, Research and Sanctuaries Act (33 U.S.C. §§ 1401-1445 and lb U,S.C.§§ 1431-1445)
18, National Marine Sanctuaries Act, as amended (16 U.S.C. § 1431 et seq.)
19. Rivers and Harbors Act of 1899 (33 U.S.0 § 407)
20, Environmental Justice in Minority Populations and Low Income Populations, EO 12899, as amended
21. Floodplain Management, EO 11988, as amended by EO 13690 and, Protection of Wetlands, EO 11990, May
24,1977, as amended by ED 12608
22. Farmland Protection Policy Act, as amended (7 U.S.C. § 4201 et. seq,)
23. Coral Reef Protection, Ea 13089Envasive Species, EO 13112
Disclaimer Provisions
The United States expressly disclaims any and all responsibility or liability to the recipient or third persons
for the actions of the recipient or third persons resulting in death, bodily injury, property damages, or any
other losses resulting in any way from the performance of this Award or any other losses resulting in any
way rrom the performance of this Award or any subaward, contract, or subcontract under this Award.
Prohibited and Criminal Activities
a. 'rhe Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3812), provides for the imposition
ofciviI penalties against persons who make false, fictitious, or fraudulent claims to the federal government
for money (including money representing grants, loans or other benefits).
b. False Statements, as amended (18 U.S.C, § 1001) provides that whoever makes or presents any materially
false, fictitious, or fraudulent statements to the United States shall be subject to imprisonment of not more
than five years.
c. False, Fictitious, or Fraudulent Claims, as amended (18 U.S.C. § 287) provides that whoever makes or
presents a false, fictitious, or fraudulent claim against or to the United States shall be subject to
imprisonment of not more than five years and shall be subject to a fine in the amount provided in 1 S U,S.C.
§ 287.
f CP -4
EXHIBIT A FEDERAL CONTRACT PROVISIONS
d. False Claims Act, as amended (3 l U.S.C. 18 U.S.C. § 3729 et seq.), provides that suits under this act can
be brought by the federal government, or a person on behalf of the federal government, for false claims
under federal assistance programs
e. Copeland "Anti -Kickback" Act, as amended (18 U.S.C. § 874 and 40 U,S,C. § 276c), prohibits a person
or organization engaged in a federally supported project from enticing an employee working on the project
from giving up a part of his compensation under an employment contract. The Copeland "Anti -Kickback"
Act also applies to contractors and subcontractors pursuant to 40 U.S.C. § 3145.
American -Made Equipment and Products
The contractor is hereby notified that it is encouraged, to the greatest extent practicable, to purchase
American-made equipment and products with funding provided under this contract as allowed.
Increasing Seat Belt Use in the United States
Pursuant to EO 13043, the recipient should encourage its employees and contractors to enforce on-the-job
seat belt policies and programs when operating company-owned, rented or personally owned vehicles,
Minority Serving Institutions (NISIs) Initiative
Pursuant to POs 13555 and 13270, as amended, Treasury is strongly committed to broadening the
participation of MS1s in its financial assistance programs, Treasury's goals include achieving full
participation of MSIs in order to advance the development of human potential, strengthen the nation's
capacity to provide high-quality education, and increase opportunities for MSIs to participate in and benefit
from federal financial assistance programs. Treasury encourages recipients to include meaningful
participation of MSIs. Institutions eligible to be considered MSis are listed on the Department of Education
website at httt)://www2.ed.p-ov/about/offices/lis#lperI dlite-minorityinst.lrtml.
Care and Use of Live Vertebrate Animals
Recipients must comply with the Laboratory Animal Welfare Act of 1966 (Public Law 89- 544), as
amended, (7 U.S.C. § 2131 et seq.) (animal acquisition, transport, carer handling, and use in projects), and
implementing regulations, 9 C.F.R. Parts 1, 2, and 3; the Endangered Species Act, as amended, (16 U.S.C.
§ 1531 et seq.); Marine Mammal Protection Act, as amended, (16 U.S.C. § 1361 et seq.) (taking possession,
transport, purchase, sale, export or import of wildlife and plants); the Nonindigenous Aquatic Nuisance
Prevention and Control Act, as amended, (16 U.S.C. § 4701 et seq.) (ensure preventive measures are taken
or that probable harm of using species is minimal if there is an escape or release); and all other applicable
statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching,
or other activities supported by federal financial assistance.
Publications and Signage
Any publications (except scientific articles or papers appearing in scientific, technical, or professional
journals) or signage produced with funds from this Award, or informing the public about the activities
funded in whole or in part by this Award, must clearly display the following language: "This project was
paid for [in part] with federal funding from the Department of the Treasury under the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
2012 (RESTORE. Act)," Publications (except scientific articles or papers appearing in scientific, technical,
or professional journals) produced with funds from this Award must display the following additional
language: "The statements, findings, conclusions, and recommendations are those of the author(s) and do
not necessarily reflect the views of the Department of the Treasury."
FCP-5
O
EXHIBIT A FEDERAL CONTRACT PROVISIONS
Homeland Security Presidential Directive 12
if the performance of this Award requires the recipient's personnel to have routine access to Treasury -
controlled facilities and/or Treasury -controlled information systems (for purpose of this term "routine
access" is defined as more than 180 days), such personnel must undergo the personal identity verification
credential process. In the case of foreign nationals, Treasury will conduct a check with U.S. Citizenship
and Immigration Services' (USCIS) Verification Division, a component of the Department of Homeland
Security (DHS), to ensure the individual is in a lawful immigration status and that he or she is eligible for
employment within the United States. Any items or services delivered under this Award must comply with
Treasury personal identity verification procedures that implement Homeland Security Presidential
Directive 12, "Policy Fora Common Identification Standard for Federal Employees and Contractors", PIPS
PUB 201, as amended, and OMH Memorandum M-05-24, as amended. The County must ensure that its
contractors (at all tiers) performing work under this Award comply with the requirements contained in this
Section V.14. Treasury may delay final payment under this Award if the contractor fails to comply with the
requirements listed in the section below. The County must insert the following tern in all contracts when
the contractor is required to have routine physical access to a Treasury -controlled facility or routine access
to a Treasury -controlled information system:
a. The contractor must comply with Treasury personal identity verification procedures identified in the
contract that implement Homeland Security Presidential Directive 12 (HSPD-12), Office of Management
and Budget (OMB) Guidance M-05-24, as amended, and Federal Information Processing Standards
Publication, FIPS PUB 140-2, as amended, for all employees under this contract who require routine
physical access to a federally controlled facility or routine access to a federally controlled information
system.
b. ,rhe contractor must account for all forms ofgovemment-provided identification issued to the contractor
employees in connection with performance under this contract. The contractor must return such
identification to the issuing agency at the earliest of any of the following, unless otherwise determined by
Treasury:
i. When no longer needed for contract performance;
ii. Upon completion of the contractor employee's employment; or
iii. Upon contract completion or termination.
Foreign Travel
The contractor may not use funds from this contract for travel outside of the United States unless Treasury
provides prior written approval.
Non -Discrimination Requirements - No person in the United States shall, on the ground of race, color,
national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of,
or be subject to discrimination under any program or activity receiving federal financial assistance. The
recipient is required to comply with all non-discrimination requirements summarized in this section, and to
ensure that all contracts contain these nondiscrimination requirements.
1. Statutory Provisions
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) prohibits discrimination on
the grounds of race, color, or national origin under programs or activities receiving federal financial
assistance;
b. Title 1X of the Education Amendments of 1972 (20 U.S.C. §§ 1691 et seq.) prohibits discrimination
on the basis of sex under federally assisted education programs or activities;
FCP-6
y
VV
EXHIBIT A
FEDERAL CONTRACT PROVISiONS
c, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) prohibits
discrimination on the basis of handicap under any program or activity receiving or benefitting from
federal assistance;
d. The Age Discrimination Act of 1975, as amended (42 U.S,C, §§ 6101 et seq.), prohibits
discrimination on the basis of age in programs or activities receiving federal financial assistance;
e. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.) ("ADA"),
including the ADA Amendments Act of 2008 (Public Law 110-325, ("ADAAA"), prohibits
discrimination on the basis of disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies thereto, as well as public or
private entities that provide public transportation;
C Any other applicable non-discrimination law(s).
2. Regulatory Provisions
a. Treasury Title VI regulations, 31 C.F.R. Part 22, implement Title Vl of the Civil Rights Act of
1464, as amended (42 U.S.C. §§ 2000d, et seq.) which prohibits discrimination on the grounds of
race, color, or national origin under programs or activities receiving federal financial assistance;
b. Treasury Title I.X regulations, 31 Part 28, implement Title IX of the Education Amendments of
1972 (20 U.S.C. §§ 1681 et seq.) which prohibits discrimination on the basis of sex under federally
assisted education programs or activities.
3. Other Provisions
a. Parts 11 and III of EQ 11246 (30 Fed. Reg. 12.319, 1965), "Equal Employment Opportunity," as
amended by EO l 1375 (32 Fed. Reg. 14303, 1967) and 12086 (43 Fed. Reg. 46501, 1978), require
federally assisted construction contracts to include the nondiscrimination provisions of §§ 202 and
203 of EO 11246 and Department of Labor regulations implementing EO 11246 (41 C.F.R. § 60-
1.4(b), 1991),
b. EO 13166 (August 11, 2000), "Improving Access to Services Far Persons With Limited English
Proficiency," requires federal agencies to examine the services provided, identify any need for
services to those with limited English proficiency (LEP), and develop and implement a system to
provide those services so LEP persons can have meaningful access to them.
4. Title VII Exemption for Religious Orgy nizations
Generally, Title VII cif the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq,, provides that it shall
be an unlawful employment practice for an employer to discharge any individual or otherwise to
discriminate against an individual with respect to compensation, terms, conditions, or privileges of
employment because of such individual's race, color, religion, sex, or national origin. However, Title
VI 1, 42 U.S.C. § 2000e-I(a), expressly exempts from the prohibition against discrimination on the
basis of religion, a religious corporation, association, educational institution, or society with respect
to the employment of individuals of a particular religion to perform work connected with the carrying
on by such corporation, association, educational institution, or society of its activities.
5. Protections for Whistleblowers
in accordance with 41 U.S.C. § 4712, neither the recipient nor any of its subrecipients, contractors
(vendors), or subcontractors may discharge, demote, or otherwise discriminate against an employee
as a reprisal for disclosing information to a person or entity listed below that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
FCP-7 6
EXHIBIT A FEDERAL CONTRACT PROVISIONS
funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant:
a. A Member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Treasury employee responsible for contract or grant oversight or management;
e. An authorized official of the Department of Justice or other law enforcement ag ency;
f. A court or grand jury; and/or
g. A management official or other employee of the recipient, subrecipient, vendor, contractor
(vendor), or subcontractor who has the responsibility to investigate, discover, or address
misconduct.
STATE PROVISIONS
Conflict of Interest - This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose
the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee
shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent
(5%) interest in the Contractor's company or its affiliates.
Interest of Members of, or Delegates to, Congress or Legislature — No member or delegate to the
Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of
the contract or any benefit arising therefrom.
Discriminatory Vendors — Contractor shall disclose if they appear on the discriminatory vendor list. An
entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134, F.S. may not: 1)
Submit a bid on an agreement to provide any goods or services to a public entity; 2) Submit a bid on an
agreement with a public entity for the construction or repair of a public building or public work; 3) Submit
bids on leases of real property to a public entity; or 4) Be awarded or perform work as a consultant under
an agreement with any public entity; or transact business with any public entity.
Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the State
Legislature, the judicial branch, or a state agency.
Inspector General Cooperation - Contractor and subcontractors are obligated to comply with Section
20.055(5), Florida Statutes which states, "It is the duty of every state officer, employee, agency, special
district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any
investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each
contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the
corporation, partnership, or person understands and will comply with this subsection."
Scrutinized Companies — Pursuant Section 215.473, F.S. the Local Sponsor subcontractor certifies that it
is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, and/or Scrutinized Companies with Activities in Israel
List (eff. 10.1.2016). Created Pursuant to Subsection 287.135(5), F.S., the subcontractor agrees the County
may immediately terminate this Agreement for cause subcontractor is found to have submitted a false
certification or if the subcontractor is placed on the Scrutinized Companies list during the term of the
Agreement.
FCP-8
EXHIBIT B
GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO HE RETURNED WITH SOLICIATION DOCUM ENTS
13Y DEADLINE TO HIE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
2, Certification regarding Lobbying
3. Conflict of Interest
4. Anticipated DBE, MIWBR or VETERAN Participation Statement
S. Opportunity List for Commodities and Contractual Services and Professional Consultant Services
6. Acknowledgement of Grant Terms and Conditions
GCA- I
r��J
EXHIBIT B
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Cerlltication Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its Knowledge and Wiel; that it and its principals:
(a) Are not prese:rtly debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded From covered transactions by any Federal department or agency:
(b) Have not within a three-year period preceding this proposal beQu convicted of or had a civil judgment
rendered against them for commission of frond or a Criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
}public lransuction, violation of Federal or State antitrust stntttles or commission of embezzlement, theft,
forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen
property;
(u) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with comntissloll of arty of the offenses enumerated in paragraph (l)(b) of this
certification; and
(d) I•love not within a three-year period preceding this application/proposal had ane er marc public
transactions (Federal, State or local) terminated rol' cause or default.
(2) Where the prospective primary participant is unable to certify to any of the stateincitts ill this cellifleation,
such prospective participant shall attach an explanation to this proposal.
James N. Marino, P.E., D.C'E
Name
President
Title
Taylor Engineering, Inc,
Firm
Collies' County Comprehensive: Watershed Improvements Plan
Project Nance
18-7245
Project Number
592850478
Tax ID Number
18-156-1168
DUNS Number
10151 Deer,wdod Park Blvd., Bldg, 300, Ste. 300, Jacksonville, FL 32256
Street A
z
SOCA - 2
EXHIBf"r B CTRANT CERTIFICATIONS ANIS ASSURANCES
---
COLLIE, R COUNTY
Cei'tilicsation Regm-ding Lobbying
The undersigned aiyiar lrngirt4cring, ]nc. (Vendor/ Contractor) certifies, to the best of his or
her knowledge and belief, that.,
(1) Nc State appropriated funds have been paid or will be paid, by or on belinlf of the undersigned, to any person
for influencing or attempting to influence an oFficer or employou of an agencsy, a member of the LegislRtLn•c, an
officer or employee of the ,judicial branch, or an cmployce of State agency in connection with the awarding of
any State contract, the making or any State grant, the malting of any State loan, the entering into or any
cooperative agreement, and the extension, conlinttation, renewal, amendment, or nnoclifica(ion or any state
contract, grant, loan, or cooperative agreement,
(2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received
pursuant to tiny State agreement for the purpose of l0bbyir7g the f,egislature, the ,judicial branch, or a State
agency. 11W purpose sof lobbying includes, but is not limited to, salaries. travel expenses and per dierri, the cost
for advertising, including production costs; postage; entertainment, and telephone and telegraph, and association
clues, The provisions of this paragraph supplement the provisions of section 11,062, Florida Statutes, which is
incorporated by reference into this solicitation, purchase osier or contract.
(3) The undersigned shall require that the- languages of this certification be included in the award doctiments for
all subawards at all tiers (including subcontracts, subgrants, and contracts tiLtdcr grants, loans, and cooperative
agreements) and (hat all sLIbreciplents sliall certify and disclose accordingly.
The Vender/Contractor,-i'aylor Engineering, ]nc, , certifies or affirins the truthfulness and
acctiraaIy ofench statement of its certification and disclosure, if any, In addition, the Cont•nctor understands and
agrees that the provisions of 11,062, Florida Statutes., apply to this certification and disclosure, if any.
James N. Marino. RE., D.CE Nance or Authorized Official
Title
ignature of Ven dor/Contraaclot's Authorized Official
12/5/17 Date
GCA - 3 �f 1
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certlflention
l5-7245
Collier County Solicitation No.
James N. Marinci
i, _ _-- - , hereby certify that to the best of tiny knowledge, neither [
1101- nly spouse, dependent child, general partner, or any organization for which .1 ann servitng as an officer,
director, trustee, gcrteral partner or employee, or any person or organization %vith whom I am negotiating or have
an arrangement cotieerning prospoctiva employment ltas a fmincial interest in this matter.
I further certify to the best of my k-rowledge that this matter will tint affect the financial interests of any member
Of tiny I101-1s01i0161, Also, to the best of my knowledge, no nitnnber of my household; uo relative Nvith whom 1
have a close relationship; no one with wham my shouse, parent or dependent child has or seeks einploynient;
and no organization with which I am seeking a business relalionsllip nor which I nory serve activoly or have
served within the last year are parties or represent a party to the matter.
also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described
above that would be affected by the matter, and to disclose any interest 1, or anyone noted above, has in any
person or organization that does become involved in, or is affected at n-lgter elate by, the conduct of this matter.
James N. Marino, PZ, D.CL
Name
tore
President 1215117
Position Date
Privacy Act Statement
Title I of the Lthics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634,
Subpart I require the reporting of'this information. The primary use ol'the information on this form is fbr review
by officials of The Justice Departnnerit to determine compliance with applicable federal conflict or interest laws
and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, slate or
local la%v enforcement agency if the JUStice Department becomes aware of a violation or potentitd violation of
law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a
patty or in order to comply with a judge -issued subpoena; (3) to 9 sotn•ce when necessary to obtain information
relevant to a conflict of interest investigation a1- decision; (4) to the National Archives and Records
Administration or tlne General Services Administration in records management inspections; (5) to [lie Office of
Management and Budget during legislative coordination on private relief legislAon; and (6) in response to a
request for discovery or for the appearance of A witness in a judicial or administrative proceeding, if the
infortnalion is relevant to the subject matter. This confidential certification will not be disclosed to any
requesting person runless authorized by law. See also the 0GEMOW-2 executive branch -wide Privacy Act
system orrecordds.
GCA- 4
Y� ,-,
�
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
........ .__.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status wlli be Verified, unverlfabit 54atuseS v,ill rcquier- the PRIME to either proiNde a teyised statement or provide source dacumentatlon that validate$ a
status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRiNIENANIE PRIMLfEioNUMBER CoNTUCT00 WRAMOUriT
Taylor Engineering, Inc. 59-2850478 TBD
ISTHE PRII.11 8 FLORIDA CERTtkf:0 0154,01w irAGED. ,,-zTEAAN Y 15 THE dCTIVIT'r OF THIS CONTRACT..
MINORITY OR WOMEN N.141145S ChTERPRIW DBE!' Y CONSTRUCTION ? Y I I
t0MtNI,-rRATION?
DOW-1111VY1ISEi OR IMAVE A SMALL015ADVAhTAW
ush[ysseefpn:ICanoNFRt7htTrlESf.1ALLEVSINESS r'�BE' Y a eOk�IJlrhnot�} r r�
J
ASERVICE OISAKEDYETERM11 V1t3E8 Y OTHER? Y rf
cos Doi Y
IS TH15511MMISSiON A REVrsiomi t 11 F YES, REMION EtVPIBER
B, IE PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN-OWNED, SMALL
BUSINESS CONCERN OR SERVFCE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
DBE h1j%NBE SUBCONTRACTOR OR SUPPLIER TYPE W WOAk OA ETHNICITY COOS SUB/5UPPLIER PERCWT OF LONTRACY
VETERAN NAME SPECIALTY ISee ISelovwl DOLLi1RAMOUrir D13LLARS
DISEMal-CO ttrVeytngtart Surveying O TBD TBD
mapping. 111C
MBE Robau mid Associaics, LLC Eilgincerhg IIA TBD TBD
I
Tore
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF 5UCK41TTIR DATE TrrLE Or' SUBMITTER
James N. MaI'ino 12/5/17 President
EMAIL ADDRESS OF PRIME [SUBMITTER) TELEPHONE t{UMBER FAX NUMBER
marina a tay orellgincering.coin 904-731-7040 904-731-9847
NOTE; This Information is used to track and report anticipated DISE cr PABE partscipatian In federally4Undtd contracts. The anticipated D8E or
FdbE amount is vol unt9ry and will not become part of the contractual t6 row. This form must be sutfmitted at time or ►/sponse to a
solritiption. If and v,htn awarded I County contract, tha prime will be asked to update the Infortnation for the grant compliance fi Ie:
UNNI07y
CODE
olackAmerlcan
6A
Hispanlc American
HA
NitiVIIAmericon
NA
Subtont. Asian American
SA4
Asian-PadfitAmerictin
APA
NomrtinorlrrWoman
NMW
other: nct of any other group listed
O
D. SECTION TO RE COMPLETED BY COLLIER COUNTY
OE PARTh9E14TNWE COUIER[6NSRACT1+jlFISiAFporPO!REO' QRL?4t"Oro RAM)CONTRACT
ACCEPTED BY: DAT!
EXHIBIT B
GRANT CERTIFICATIONS AND ASSURANCES
ii:s , :01ir17t'GVVJTrP[I,:IICE Pf11'.
PID OPPORTUNITY LIST FOR COMMODITIES A14D COMIRACTUAL SERVICES
AND PROFESS1014AL CONSULTANT SERVICES
r: is rlrt palicp Of Co ller Counrl' th4r .t4 vantage bus,nQsre# and 7 oriry vendors, PS d Tmed In the Code if ruder& Rcgufationf (c.,R)ar
Fforida StvtuFef ffS mutr ha: a rhe ppAurl lnii !opprtirtporf on contract's MM ede/al an?/Pr stQig ronross. s[once.
Prime SUntradOF/Prime Consultant'.
Wdris$ and Phone Nurnbdr:
Taylor Engineering, Enc.
10151 Deerwood Park Blvd,, Bldg 300, Ste 300, Jacksonville, h'L 322551404-731-7044
ProturBment Numbe /Azf,•ertisam4nt Number: 100 No, 18-7245
The list betow is intended to he a livor; of firma that are, or sitempl0l; to, parridpate on the prolecl numbered A"ee. The lisl must
!nd ude the firm bidding or quoting as prima, al yell as subs and supplitrs quoting for partiCipation Prune contractors and consultants must
provide Informatlgrl far NuinbefF 1, 2, 3, and 4; and, should proy'l Informsticn ther MYe for tdumbers 5, a, 7, and d. This form must
be suhrhltted wlih the bid patRage.
t. PedvralT9110tllrmber
;. Firm Name
3. Phone 14UMI Er
S. Address
5, Year firm Established.
59-2850479
Taylor rlor Lri inECCin ` Inc.
904-331-71040
10151 Qe6r ped Palk 31Y(I..
�1
1983
h.e
X
7,�
08E
Nan•osE
Prilllc
5uhcontrictor
Subtonsrlll
f}- Annual r,l PiKRipts
Less than $ 1 mil lion
5elWCan 5 1.5 million
X betYleens5-l0nrillian
Set Ween5lo-lSmililon
More than � 15 million
1 Faderal TAR l0 Number:
59-2742509
6.
rj 6 f
I Annual t�rois Receipts
,1, firm Nam#:
Durove Slwypor:S. 1L4,._
E
Non -Me
LOSS than i x miliioll
3. Phone Number:
9D4-722_0400
X Dill 51.5 million
d, Address
3 1 Corporate Squire Blvd.
54!l ell S 5-10 million
_2I
Jacksonville, R.3221fe
:utxuntraaar
Bel10-15mi1114n
;(
5ubCGri5ult4nt
More than a 15 mil'idrt
S. Year Firm Established
I 1`414ral T1x 10 Number
20-4894676
6.
Dae
S. Annual Gross Recilipts
2, Flml Name;
Barth Tech Enviroulnten 1111
rfOn-Il
Less than s 1 million
3. Phone Number:
_39-304 0030
Isetwren 5 1-5 million
4. Address
1600 Jolea Ave.
Ill 5.10 mi}lion
Tonna Sel-ing5, FL 34135
7.®
5utKo11t1M01
Between 510.15nlllllan
Subcomultant
more than $ 15 million
5. Y#ar Putts eFt5bllshed'
2006
1, federal rix IO dumber
26.70091
6. Xe
DEE
n ,annual Gross Receipts
2, FillName:
Marco , tlrVeytl1g All Mapping
f4w.1l
711 -ass thah $1 mllllon
5 Phone Number
?39-384-0026
eall S 1•5 million
a, address
3825 Beck Blvd., Ste 725
Eell S 5.10 mitllon
Naples, 171., 341 147.�
Suhcantraetor
ileCrreen510`33mililon
j{
subconsuhant
more than; 15m4llon
5. Year Firm Established
2008
t. on lil ll`[i oll ne-ki 11n�;C
EXHIBIT B GRANT C:FRTIFICATIONS,AND ASSURANCES
e. "%PO4 if. I r'.r
PIC] OPPORTUNITY LIST FOR I.r]MMODITIE5 AND CONTRACTUAL SERVICES
AND PROFE55I04AL CONSULTANT SERVICE5
er is r e parity Of C011W County that dlxadvonraged bulinQslet 4nd nlppr'tS+vendarx, as di4^4d m the Cade ajfederaJ ftegu a#inns fCftrJ or
FlorduStarutasIf51,MST hL 0the4aoartunih'#6Apftlripnt9a>tCpn[rCCtsWItflf2Jd.101ar7d/arstategnontRss'Srpnce-
Pnm9 ContractorjPrime Consultant Taylor Engineering, lnc,
Address and Phone rauniber. 10 15 1 Deer -wood Park Blvd., 131dg 300, Ste 300, Jacksonville. Fl. 32256/904-731-7040
Procurement PtumbeOAdvemisemeni Number; RPS Na,
18-7245
Me list below is intended to be a listing Of flims that arer or attempting to, participate on the project numbered above. The I Ist musk
Include the #Irm bidding or quoting ai pnme, as v ell as subs and suppliers quoting
for partiCipation.
Prprla contractors and tonfultanIs mutt
provid9 infotmaticn for Numbers 1, 2, 9, and a, and, IhoLlld provide arts' infolntatlon they have for Numbers
5, 6, 7, and D, This form must
be. submitted with the bid package.
1. Federal Tax i0 Number 61-1553905
6,
Dec
a. Annual 4ross Receipts
1. Firm Name: 0 atl and Asso-dates, t,W
�
Kon -DUE
Less than 1 1 miltinn
3. Phone number, 239-206-9000
between $ 1-5 nil Ilion
LL address 2770 S. Horseshoe Dr., Sie 7
belweprt 5 s• 10 mollon
Naples, FL 34104
-
SubconVaftGr
}[
,ubcansultant
More than; P5m�llIon
Cn
More than 15miJ100
s. Year Firm Established 2008
l, f6daral Taff io Number'
60
❑0
fl. Annual Gross ttacelpts
I Firm Name
I'lon-D&E
Liss titan 1 1 million
3. Phone Numt�er:
between 51.5 million
S, Andress
Betw@en S 5.10 mitlipn
7
rubi6ntracKor
Detw$¢n j 10-15 million
e
,u7xQtiSrllLanl
more than S 15 motion
5- Year Firm Established
1. Federal Ta): so number6.
est
S. Annual 'Gross PVCeipts
2, Firm Name
E3.
Npn DbE
LlSs than ; 1 million
Phone Number
Betv,leh 5 Y -a rstillion
d, ,iddfess
between S 5.10 million
7.R
50contr actor
Wween r 10-15 milllon
SuIxonsultant
More than 5 15 million
5 Year Firm Establishkd
1, Federal Tax to Number:
6
DBE
;, Annual Gross Receipts
2. Firm Name:
e
rSon-DBE
Less than; i mil bon
3. Phone Number
aetwetn;1-5 million
d. Address
between 5 5-10 million
7.�
5ubcontraaor
setween$10-15million
subcGnsuhant
Moro thin , 15 milllon
'a, Y4ar Flrlil EStab4ished'
XIAI131`1` B
GRANT CERTIFICATIONS AND ASSURANCES
CULLIEfR COUNTY
Acknowledgement of Terms, Conditions and Grant Clouses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signet] subcontract must be available to the Department for review and approval. The vendor agrees to
include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
recipient shall document in the quarterly report the subcontractor's progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to
whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Certification
On behalf of my firm, 1 acknowledge, and agree to perforit7 all of the specifications and grant requirements
identirled in this solicitation do,Qament(s).
Vendor/Contractor Name r 4Y L- 1_ fl. C(�rZ�l� F lA%C. Date
Authorized Signature
Address 1 '�P' - �.� �t.rr 2`%-7 G- 3,3/
solicitation/Contract #
GCA -7
Uya