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Backup Documents 05/28/2013 Item #16B 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 , 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ammoimpopmenalame Routed by Purchasing Department to Office M00% ;. the Following Addressee(s) (In routing order) 1. Risk Management Risk 5/z(///3 2. County Attorney Office County Attorney Office r/1 (9 1113 3. BCC Office Board of County., �� �COryin 1l l�!"1�� I� 1L C6m1ui5�ivuciS �. l A (13 4. Minutes and Records Clerk of Court's Office 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Adam Northru , May Phone Number 252-8375 Purchasing Staff 28,2013 Contact and Date Agenda Date Item was May 28,2013 Agenda Item Number 16.B.2 Approved by the BCC (v / Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-5988 CDM Smith number if document is Number/Vendor Name to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be � signed by the Chairman,with the exception of most letters,must be reviewed and signed �(/i by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County `9 Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 0 Chairman's signature.r1'1(mg,Csr v1`9�1� ono drr�'r ,. J 1682 MEMORANDUM Date: June 7, 2013 To: Diana DeLeon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #13-5988 "Professional Design Consulting Services for Immokalee Stormwater Improvements— Phase II" Contractor: CDM Smith, Inc. Attached is an original copy of the contract referenced above, (#16B2) approved by the Board of County Commissioners on Tuesday, May 28, 2013. The second original will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment CDM 1682 Smith CORPORATE BOARD RESOLUTION A meeting of the Board of Directors of CDM Smith Inc., a corporation organized under the laws of the State of Massachusetts was held this 1St day of March, 2012 and was attended by a quorum of the members of the Board of Directors. The following resolution was offered, duly seconded, and after discussion was unanimously adopted by said quorum: BE IT RESOLVED, that Amelia H. Davies, Principal of CDM Smith Inc., is hereby authorized to sign all contracts, amendments and work orders for the State of Florida and all government agencies in the State of Florida. BE IT FURTHER RESOLVED, that said authorization and appointment shall remain in full force and effect, unless revoked by resolution of this Board of Directors. I, James S. Lackman, hereby certify that I am the Secretary of the corporation created under the laws of the State of Massachusetts; that the foregoing is a true and exact copy of a resolution adopted by a quorum by the Board of Directors of said corporation at a meeting legally called and held on the 1St day of March, 2012. The resolution that was passed on March 1, 2012 is still in effect and has not been rescinded. �`t` 011111001,s4,®`°�® zte e '•. • 1970 • This 13th day of March, 2013 • Alikkaiusel /x:11110 • Janie S. Lackman, Secretary CDM Smith Inc. 1682 March 13, 2013 A SIGNATURE WITNESSING United States of America ) Commonwealth of Massachusetts ) County of Middlesex ) On this 13th day of March, 2013, before me,the undersigned notary public, personally appeared James Lackman,proved to me through satisfactory evidence of identification, which were personal knowledge,to be the person whose name is signed on the preceding or attached document in my presence. WITNESS my hand and official seal, this 13th day of March, 2013. VALERIE FORD ' I �•) Notary P ublic Commonwealth of Massachusetts My Commission Expires September 7,2018 Valerie Ford,Notary Public My commission expires September 7, 2018 1682 Contract# 13-5988 Professional Design Consulting Services for Immokalee Stormwater Improvements — Phase II PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this arday of IAck..( , 20 3 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and CDM Smith Inc., authorized to do business in the State of Florida, whose business address is 2180 West First Street, Suite 400, Fort Myers, Florida 33901 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Design Consulting services of the CONSULTANT concerning Immokalee Stormwater Improvements — Phase II (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16B2 1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Paul Pinault, P.E. a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by 2 1682 CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 3 0 A 16B2 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc), and adhere to industry standard CAD specifications. 4 CAc ARTICLE TWO 16B2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 5 CA 1682 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 6 � � 16B2 2.9. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent 16B2 to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a 8 Cq 1682 condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports 9 0 1 6 B and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 10 CA 1682 ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, OWNER 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. 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 OWNER 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: 11 ccu 16132 6 2 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 12 1 6 8 2 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each 13 CA 1682 subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S 14 CA 1613 2 principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 15 1682 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. 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 16 rr-4) 1682 solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. 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 17 cA 1 6 L-3 2 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL. 34112 Attention: Joanne Markiewicz, Interim Purchasing/General Services Director Telephone: 239-252-8407 Fax: 239-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: CDM Smith, Inc. 2180 West First Street, Suite 400 Fort Myers, FL 33901-3217 Telephone: 239-938-9600 Fax: 239-938-6418 Attn: Paul Pinault, P.E. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 18 16B2 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 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 19 0 Schedule E TRUTH IN NEGOTIATION CERTIFICATE 1 B Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 13-5988 — Immokalee Stormwater Improvements Phase II - Terms and Conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any 20 0 16132 goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21 C�� 16132 2 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 22 CA 1682 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for 13-5988 – Design Consulting Services for Immokalee Stormwater Phase II, the day and year first written above. OWNER: ATTEST: COMMUNITY REDEVELOPMENT AGENCY, COLLIER COUNTY, FLORIDA Dwig E. Brock,,rc rk Cli_ y: — Vii Da : b { 3 = Tim Na ce, Ch m Attest to only. Approved as to`form'and legal sufficiency: Assistant C my Attorney CONTRACTOR: CDM Smith, Inc. TWO WITNESSES: 4 r B y: °ula ,LO-C(4. Witness Amelia H. Davies, Principal ,i000„Sc iur, ell Sr_r-v t 11%-K l;. Typed Name and Title Printed Nam and Title fatIA A0:101b Witness 41' /&uik Ai.fa« Printed Name and4itle Ary . a i e 1 i. e....asv‘ozie\i___at;) 6(lAc5 23 SCHEDULEA 16 B 2 SCOPE OF SERVICES As outlined in the detailed task descriptions below, CONSULTANT will: Provide construction drawings and specifications based on the 2005 Big Cypress Basin conceptual design for the "Immokalee Drive Project" as follows: • Stormwater collection/conveyance and sidewalks along both sides of 5,300 LF (10,600 LF Total) of Immokalee Drive (from Carson Rd to N. 15th St/ US 29). This design should include a comprehensive asphalt overlay design for the entire area of Immokalee Drive. • Stormwater collection/conveyance and sidewalks along both sides of 1,315 LF of N. 16th St. (from Immokalee Dr. to 8th Ave). • As existing COUNTY owned land / ROW is available and as permitted by the SFWMD, stormwater conveyance to an outfall. The budget is based on the 2005 Big Cypress Basin conceptual design that provides conveyance and incidental collection along one side of 1,320 LF of Wells St. (from Immokalee Dr. to a new weir 1,320 feet south). Based on a preliminary review of Wells St: o This location may not be suitable unless additional land or easements are acquired to provide an outfall to the slough that is further south. o As the project grant schedule does not allow enough time to acquire new land, if this outfall location is not feasible, a potential outfall on the west end of Immokalee Drive will be evaluated. o If an outfall cannot be identified, the design will include appropriate best management practices along Immokalee Drive to treat and store/attenuate flows to 24 S 1682 provide no-net-increase in peak flows or pollutant loading in order to obtain a SFWMD permit. • Depending on the outfall location identified and as-needed, a new water quality control weir at the outfall location. • Provide an itemized Engineer's Opinion of Probable Construction Costs (OPC) for all above. • Provide bidding assistance to the County. • Provide limited engineering support services during construction. The following detailed tasks will be completed for the Immokalee Drive Project: TASK 1 - SITE SURVEY AND CONSTRUCTION DOCUMENTS Subtask 1.1 - Project Kickoff and Background Information • Attend project kickoff meeting with the COUNTY. • Compile and analyze available information from the recent construction as-built drawings as well as any new information needed and provided by the COUNTY and Immokalee Water Sewer Authority concerning the existing facilities, including as-built drawings. Subtask 1.2 - Site Investigations Conduct a site visit and perform engineering survey to aid in design of the Immokalee Dr. Project as follows: • Perform a topographical survey along the approximately 8000LF of the Immokalee Dr. Project alignment to aid in design. 25 0 1682 • Establish all necessary surveying controls (horizontal and vertical) and bench marks. • Establish a baseline of survey and set reference points. • Obtain full topography and develop a digital terrain model (DTM). • Locate all drainage features (pipe sizes, inverts, manholes, inlets, etc.). • Locate existing above ground utilities within the project limits. • Locate property and section corners to establish and verify the ROW lines. • Develop a CAD-level drawing of the right-of way and adjacent properties based on the existing plats of record which will be the basis of the horizontal control for the project. Collier County will provide a title search over the subject property limits to identify any easements of record that may not be indicated on the recorded subdivision plats. • The topographic survey will establish vertical control based on the NAVD 88 datum. • Field efforts will confirm the existing ditch cross-sections, soil-boring locations, invert elevations of structures, and utility locations (underground utility locations will be completed to the extent that they are able to be marked by others including IWSD and Sunshine State No Cuts). No VVH's are included in this scope. • Horizontal control will be based on NAD 83 State Plane Florida East Zone. • As part of the survey work, right of way (ROW) needs will be identified and a list provided to the COUNTY. 26 16B2 • Perform geotechnical soil and environmental investigations for the Immokalee Dr. Project sufficient for the design and bidding of the project. Subtask 1.3 - Design and Construction Documents The construction documents will include up to 40 design sheets as indicated in Table One below. Specifications will reference FDOT Standard Specifications for Road and Bridge Construction (latest edition). Special Provisions will be developed to supplement the specifications for design elements not covered under the FDOT Standard Specifications. Table One: Design Sheets Included Design Sheet Number Cover 1 General Notes/Abbreviations/Key Sheet 2 Existing Conditions Survey 7 Plan and Profile 14 Survey Control 7 Cross Sections 2 Structures 2 Details 2 SWPPP/Erosion Control 2 MOT 1 Total Sheets 40 Preliminary Design (30%) CONSULTANT will: • Identify up to three (3) alternatives for consideration and review for the stormwater and sidewalk alignments. • Define the basic design criteria to be used. • Complete a preliminary hydraulic analysis for the stormwater system using the existing stormwater model. 27 set 16B2 • Prepare preliminary design (30%) and engineer's opinion of probable construction costs (OPC). • Submit 30% plans (half-size 11 x 17-inch sheets) and hold a review meeting to discuss the preliminary design and OPC with the COUNTY. The 30% design will include: 1. Cover Sheet 2. General Notes/Abbreviations/Key Sheet 3. Existing Conditions Survey Sheets 4. Survey Control Sheets 5. Standard Details Sheets Developed Design (60%) CONSULTANT will: • Finalize design criteria requirements. • Based on COUNTY comments from Task 1, develop plans and OPC to 60% design level for submittal to COUNTY for review. The 60% design will build on the 30% design and include the remaining drawing sheets identified in Table 1. • Provide utility owners within the project limits with 60% submittal for their review and comments. • Submit 60% plans (half-size 11 x 17-inch sheets) and hold a review meeting to discuss with COUNTY. • Contact jurisdictional regulatory agencies to determine permit requirements. 28 Coo 1 6 2 • Contact Utility companies for existing utility information to be included in 90% plans. • Provide 60% plans for the permit application. Plans will be signed and sealed as-needed for the application. Pre-Final Design (90%) CONSULTANT will: • Develop 90% design plans and OPC incorporating utility information provided by the utility owners and COUNTY comments of the 60% design. • Submit 90% plans (half-size 11 x 17-inch sheets) and hold a review meeting to discuss with COUNTY. • Review COUNTY and FDOT specifications referred to in the final drawings. Construction specifications shall refer to FDOT specifications. The CONSULTANT shall only be required to prepare Special Provisions or Technical Specifications for items not covered by FDOT specifications to be incorporated in the COUNTY's front end contract documents. • Provide utility coordination for adjustment of utilities. Final Design (100%) The CONSULTANT will: • Develop 100% design plans and OPC incorporating utility adjustment information provided by utility owners and COUNTY comments of the 90% design. 29 G�`�l 1682 • Submit 100% construction plans (11 x 17-inch sheets) ready for bidding. In addition, one full size (22 x 34-inch) reproducible set will be submitted to the COUNTY. • Prepare quantity take-off, bid schedule and Construction Specifications incorporating utility information provided by the utility owners or other reviewers. The CONSULTANT will complete the design to conform to the requirements of grant funding as required and provide supporting information to the COUNTY if required for grant reporting. COUNTY will compile and produce the bid contract and specifications package. The COUNTY will provide the documents for Divisions 0 and 1. Division 0 is the contract with contractor that will be selected. Division 1 is the general and supplemental conditions that refers back to Division 0 and includes defining project roles, insurance requirements, and how payments will be made. Subtask 1.4 - Stakeholder Meetings The CONSULTANT will provide displays to the COUNTY and attend up to three public meetings. Subtask 1.5 - Permitting The CONSULTANT will develop the application and supporting information / analysis for a SFWMD Environmental Resource Permit (ERP) for construction. The permit process includes responding to up to two (2) iterations of review comments, minor plan revisions, and calculations and data related to this project as may be required to obtain the permit. The permit fee will be paid by the COUNTY. 30 0 r of �ie8s 2 It is not anticipated that design permits will be required by the US Army Corps g (USACE), Florida Department of Environmental Protection (FDEP) or Florida Department of Transportation (FDOT). If needed, they will be covered under a separate scope of work. In order to meet the grant funding deadline, it may be necessary to split the ERP permitting into two applications. The first application would be for a Standard General Permit for Incidental Site Activities (early work) as defined F.A.C. Chapter 40D-40. The time to obtain this permit is expected to be a month shorter and would allow the COUNTY to start construction earlier. A second ERP application would be submitted for the ouffall and/or best management practices. To determine if splitting the permit is necessary, the pre-application meeting with the SFWMD will be held at the start of the project. If a split application is needed, it is anticipated that the permitting effort will require $10,000 to $20,000 of additional effort for the second application. This additional effort is not included in the project budget, but can be shifted from the Task 3 (by reducing some of the Task 3 scope) at the direction and approval of the COUNTY. Any construction NPDES permit or dewatering permit will be obtained by the contractor (as required by the construction contract documents). Any Collier County construction permits will be obtained by the COUNTY or Contractor as-needed and appropriate. TASK 2 - BIDDING AND CONSTRUCTION SERVICES Subtask 2.1 - Bidding Services CONSULTANT shall assist COUNTY in obtaining bids for the contract for construction and limited supporting services during construction including: • Attend a pre-bid meeting. Meeting will be scheduled, coordinated and led by COUNTY. 31 r" n 1682 • Provide supporting information and documents to COUNTY for addenda as appropriate to clarify, correct, or change the Bidding Documents. COUNTY will provide formal responses to bidders. • Consult with COUNTY as to the acceptability of subcontractors, suppliers and other persons and entities proposed by Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. • Provide final cost estimate incorporating design changes due to bidder comments. COUNTY will prepare bid tabulation sheets, evaluate bids and assemble supporting documentation for recommendation of awarding contracts for construction. Other typical tasks related to bidding will be completed by the COUNTY, including advertisement for bids, maintaining a record of prospective bidders to whom Bidding Documents have been issued, and receive and process deposits for Bidding Documents. Bidding services will be considered complete following the bid review process. Subtask 2.2 - Limited Construction Services CONSULTANT will provide the following services during construction: • Provide plan revisions due to unforeseen changes required during the actual construction phase as needed. • Review up to thirty (30) shop drawings submitted by the Contractor for compliance with the construction documents. This item will include up to two reviews per shop drawing submittal. Maintain a shop drawing log showing submittal number, date received, status and date of last action. 32 yJ 6 2 • Review and assist in field changes which include minor redesign as requested by the COUNTY. • Provide up to three (3) site observation visits of construction at appropriate stages. • Attend up to three (3) progress meetings with the COUNTY and the Contractor as-needed. • Attend one (1) substantial completion walk through with punch list and a final walk through meeting in the field. • Submit certification of conformance with permitted plans to the South Florida Water Management District (SFWMD). • Provide three (3) paper copies of final as-built drawings and record drawings and one (1) electronic copy based upon the contractor's markups, visual observations, and certified record survey. • COUNTY will perform or hire a separate firm for Construction Engineering and Inspection (CEI) services and administration of the construction contract. This includes contract document interpretation. The inspector onsite shall provide copies of daily reports on a weekly basis to the CONSULTANT. Construction services have been budgeted for a 180 day construction contract duration. Services beyond this time period will be scoped separately. TASK 3 - RECORDS RESEARCH AND EXECUTIVE REPORT CONSULTANT will: 33 16B2 Review the remaining four (4) projects of the existing ISWMP and related available right-of-way records, flood records and records of existing utilities for those project areas. Prepare for and attend two (2) public meetings to garner input from the community on other geographic areas of concern not considered in the original ISWMP. Utilize a qualitative ranking matrix to prioritize the stormwater improvement needs obtained from the ISWMP and public meetings using the parameters below. CONSULTANT will meet with the COUNTY to determine the score for each of the parameters. • Priority needs identified by the Immokalee Community Redevelopment Agency Advisory Board • Improvement in Level of Drainage Service • Improvement in Environmental Quality • Incentive for Redevelopment Activities • Budget/Cost • Land Acquisition Need and Feasibility • Permitting Complexity • Adequacy of existing and proposed stormwater outfalls • Time to Project Completion 34 1682 • Benefit to residential land uses (units) • Benefit to commercial land uses (acres) • Benefit to agricultural land uses (acres) • Benefit to conservation/natural land uses (acres) • Project completion from a downstream to upstream (normal stormwater flow direction) progression In cooperation with CRA staff and County Grants Specialist, consider the appropriateness of available grant programs for each prioritized project in the Master Plan. Provide a separate list that identifies grant opportunities by project. Recommend an implementation sequence for the projects. Prepare an Executive Report summarizing the Task findings, prioritized list of recommended projects for design and construction, and list illustrating grant opportunities. Coordination with the CRA Advisory Board will be performed during this task. TASK 4 - MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and COUNTY's expectations. Specific activities included are identified below: • CONSULTANT maintains a QC program on all of your projects. An internal project quality management planning session will be conducted at the start of the project. This action is 35 1662 required by CONSULTANT's quality management system (QMS) guidelines. Technical Review Committee (TRC) meetings are budgeted for and will be performed to review various percent complete submittals. COUNTY's representatives are invited to attend and participate at the TRC meetings. • CONSULTANT's project manager will prepare and submit monthly written status reports for the anticipated project life. DELIVERABLES Services to be provided will comply with procedures (Plan Preparation Manual), design standards, Florida Greenbook and construction specifications set by the Florida Department of Transportation (FDOT) and the Federal Highway Administration (FHWA) "Manual on Uniform Traffic Control Devices" (MUTCD), as updated to date. Plans will be prepared utilizing Autodesk AutoCAD/Civil 3D, following the NCS "CAD Standards." Deliverables will include: • Executive Report summarizing Task 3 efforts and recommendations. • Schedule with key milestones. • Provide one (1) overall CAD file for the Immokalee Dr. Project containing all of the survey points, line work, symbols, DTM and SUE information (where applicable). This file will be an AutoCAD Civil 3D file and will be to current Collier County Transportation Division standards as directed by the COUNTY (attached). 36 CD 16B2 • Provide one (1) copy of the final Immokalee Dr. Project plans signed and sealed by a Florida Professional Engineer. • Provide one (1) copy of the various design stages of the Immokalee Dr. Project (30 %, 60%, and 100%) for internal review. Additional copies of those plans shall be submitted to the utility owners by the CONSULTANT as part of the utility coordination effort. • Final Opinion of Probable Costs (OPC) for the Immokalee Dr. Project. This OPC document, as well as the bid sheet (schedule of values), will both contain the anticipated costs associated with rectifying proposed utility conflicts based on record drawings provided by local utility providers as well as field observations. • One (1) hard copy of the final as-built drawings for the Immokalee Dr. Project. • Design and as-built drawings to comply with Collier County Transportation Services Division standard specifications. These drawings will be done in AutoCAD Civil 3D. • Bid documents: 100% design, bid sheet (schedule of values), RFI's (for Immokalee Dr. Project). 37 (csQl SCHEDULE B 16B 2 BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Clerk's Finance Department Collier County CRA - Immokalee ATTN: Accounts Payable ATTN: Bradley Muckel, Interim Director 3299 Tamiami Trail E Ste 700 1320 North 15th Street (SR 29) Naples FL 34112 Immokalee, FL 34142 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. Item# Description Not to Exceed Amount Task 1-Site Survey and Construction Documents 1 Project Kickoff and Background Information $ 8,003.00 2 Site Investigations $ 52,585.00 3 Design and Construction Documents $ 118,220.00 4 Stakeholder Meetings $ 9,100.00 5 Permitting $ 35,615.00 NOT TO EXCEED TOTAL FOR TASK 1 $ 214,423.00 Task 2-Bidding and Construction Services 6 Bidding Services $ 8,260.00 7 Limited Construction Services $ 21,060.00 NOT TO EXCEED TOTAL FOR TASK 2 $ 29,320.00 Task 3- Records Research and Executive Report 8 Review of Background Reports and Information $ 10,921.00 Prioritize Projects and Develop Implementation 9 Plan $ 16,520.00 10 Update Stormwater Master Plan Report $ 29,290.00 38 1682 NOT TO EXCEED TOTAL FOR TASK 3 $ 56,731.00 Task 4-Meetings, Project Management,and Quality Control 11 Quality Control Reviews and Direction $ 6,320.00 12 Project Management and Monthly Status Reports $ 6,060.00 NOT TO EXCEED TOTAL FOR TASK 4 $ 12,380.00 TOTAL FEE FOR ALL TASKS(Total items 1-12) $ 321,954.00 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. 39 010 1682 B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. 40 CA 16B2 B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to 41 ID 1682 destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. 42 CAO SCHEDULE B , 6 13 2 ATTACHMENT 1 CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Professional Services VP/Associate $215 Principal $195 Sr. Project Manager/ $165 Sr. Engineer $155 Engineer/ Professional II $140 Engineer/ Professional I $119 Professional Support Services Senior Support Services $115 Staff Support Services $90 Field Services Two Man Survey Crew $130 Surveyor/ Mapper $130 Senior Professional $115 Professional $85 Project Support Services Senior Project Administration $90 Staff Project Administration $60 This list is not intended to be all inclusive. Hourly rates for other categories of professional, support and other personnel services shall be mutually negotiated by Collier County and firm as needed for the project. END OF SCHEDULE B. 43 CAO. 1682 SCHEDULE C PROJECT MILESTONE SCHEDULE 1. Task 1 — Site Survey and Construction Documents — 123 days from Notice to Proceed. 2. Task 2 — Bidding and Construction Services —151 days for individual task. 274 total days from Notice to Proceed. 3. Task 3 — Records Research and Executive Report— 274 days from Notice to Proceed. 4. Task 4 — Meetings, Project Management, and Quality Control —As needed. END OF SCHEDULE C 44 ef,) SCHEDULE D 16 B 2 INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT 45 1682 shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the 46 0 168 ? CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable 47 CA 1662 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 48 CAO 1662 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable 49 161 AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? Yes X No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: 50 �ac� 1682 $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, 51 1682 blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. ^ sa 1682 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D 53 Y 1682 ® DAT /D ACS CERTIFICATE OF LIABILITY INSURANCE O(M 0 20 3YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to d the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the w certificate holder in lieu of such endorsement(s). m PRODUCER CONTACT 15 NAME: Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 I FAX 800-363-0105 C! Boston MA Office (A/C.No.Ext). (A/C.No.): 12 One Federal Street E-MAIL O Boston MA 02110 USA ADDRESS: Z INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins Co 16535 CDM Smith Inc. INSURER B: ONE CAMBRIDGE PLACE 50 HAMPSHIRE STREET INSURER C: CAMBRIDGE MA 021390000 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570049973608 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER RAM/DD/YYYY1 IMKVD DlYYY1') LIMITS 't' GENERAL LIABILITY GL0837663217 01/01/1013 U1/01/2014 EACH OCCURRENCE $2,000,000 — DAMAGE TO X COMMERCIAL GENERAL LIABILITY PREMISES(Ea RENTED $300,000 CLAIMS-MADE I X OCCUR MED EXP(Any one person) $10,000 PERSONAL.8,ADV INJURY $2,000,000 0 GENERAL AGGREGATE $4,000,000 M r GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $4,000,000 c1' POLICY IT' "' i LOC N- JECT I i N- A AUTOMOBILE LIABILITY BAP 8376631-17 01/01/2013 01/01/2014 COMBINED SINGLE LIMIT $2,000,000 000 Lo (Ea accident) . X-ANY AUTO BODILY INJURY(Per person) o z ALL OWNED —SCHEDULED BODILY INJURY(Per accident) d AUTOS _ AUTOS DAMAGE L.6 X HIRED AUTOS X NON-OWNED (Per accident) w AUTOS t at UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED I (RETENTION A WORKERS COMPENSATION AND WC837663318 01/01/2013 01/01/2014 X I TORY LIMITS I 10TH EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ., EACH ACCIDENT $1,000,000 I OFFICER/MEMBER EXCLUDED? N I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 n DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Contract No. 13-5988. Project: Immokalee Stormwater Improvements - Phase II. Collier County Board of County Commissioners are included as Additional Insured in accordance with the policy provisions of the M General Liability policy. General Liability evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. qLI cri C- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE M EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 3� POLICY PROVISIONS. azi Collier County Board of AUTHORIZED REPRESENTATIVE County Commissioners �s Attn: Purchasing Department v}. 3327 s, Lml Trail East (� ` � � ��,� � Naples, FL 34112-4901 USA c�so!s sLt�adv>•occ ssa ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SCHEDULE E 1 6 8 2 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CDM Smith, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning 13-5988 — Design Consulting Services for Immokalee Stormwater Improvements - Phase II are accurate, complete and current as of the time of contracting. CDM Smith, Inc. BY: G -P Lu-tto TITLE: Pyi,\_Gpd DATE: 5-)(7--a9 i 54 (0-r) 1682 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Key Personnel Position Time (%) Allocation Paul Pinault, P.E. VP/Associate 1 W. Kirk Martin, P.G. VP/Associate 0.5 Mike Schmidt, P.E., BCEE VP/Associate 0.5 Brian Mack, P.E., D.WRE VP/Associate 1 Scott McClelland VP/Associate 1 James Wittig, P.E. Principal 3 Timothy Verwey P.E. Principal 0.5 Diane Kemp Principal 0.5 Marc Stonehouse P.E. Sr. Project Manager 12.5 Danielle Honour P.E. Sr. Engineer 2.5 Nick Charnas III P.E. Engineer/ Professional II 15 Benjamin Pernezny Engineer/ Professional II 10 Kristopher Samples Engineer Professional I 20 Ashan Nabbie Senior Project Administration 5 Linda Kraczon Staff Project Administration 20 Subconsultants Agnoli, Barber & Brundage Inc. (ABB) Engineering Subconsultant Boylan Environmental Consultants, Inc. (BEC) Environmental Subconsultant YPC Consulting Group, PL(YPC) Geotechnical Subconsultant 55 (r. rte)