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Agenda 06/11/2019 Item #16C 8 (2nd Amendment - Agreement #14-6345))06/11/2019 EXECUTIVE SUMMARY Recommendation to approve Amendment # 2 to Agreement # 14-6345 with AECOM Technical Services, Inc., for Basin 305 (Project Number 70141) of the "Wastewater Basin Program," for increasing the hourly rates in the Basis of Compensation. OBJECTIVE: To remain in compliance and meet the demand in Master Pump Station (MPS) Basin 305 of the wastewater collection/transmission system. CONSIDERATIONS: The proposed scope of work under Project Number 70141, “MPS 305 Basin Program,” is consistent with the FY2019 Budget approved by the Board of County Commissioners on September 20, 2018. On July 7, 2015 (Agenda item 16.C.6), the Board approved Agreement # 14 -6345 with AECOM Technical Services, Inc., to provide Construction, Engineering, and Inspection Services (CEI) as part of the Wastewater Basin Program. At the same time, two separate Agreements were approved by the Board with Stantec Consulting Services Inc. and Hole Montes Inc. to provide CEI services for Basin 101 and Basin 306, respectively. Multiple projects in those two basins have proceeded to construction requiring CEI services. However, until April 17, 2019, AECOM had not been called upon to provide any services under this 20-year Agreement since no projects requiring CEI services in Basin 305 have proceeded to construction. Therefore, at nearly one-fifth of the Agreement duration, AECOM has realized no financial benefit from the Agreement. Upon Board approval, the Schedule B - Basis of Compensation shall be amended to reflect current costs associated with providing professional services. Due to the escalation of costs since the original agreement was approved in July 2015 and amended in 2016, the vendor requested an increase in hourly personnel rates. The hourly rates in AECOM’s proposal have been adjusted approximately 6% in total from the rates established for the 2015 Agreement #14-6345. This is lower than the 8.2% increase in the Consumer Price Index for south urban, all urban consumers, not seasonally adjusted (as reported by th e U.S. Department of Labor, Bureau of Labor Statistics, from October 2013 through October 2018). Staff has reviewed the revised rate schedule and agrees with the price increase, finding that the rates are reasonable. The proposed Basis of Compensation for this Agreement is not retroactive and any work to be completed under previous authorizations will utilize the rates previously established. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2019 Capital Budget. The source of funding is the Wastewater User Fee Fund (414). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals, objectives, and policies of the Growth Management Plan to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, approves the attached Second Amendment to Agreement #14- 6345 with AECOM Technical Services, Inc., for Construction, Engineering, and Inspection Services during construction and authorizes the Chairman to sign the attached amendment. Prepared By: Michael Stevens, Principal Project Manager, Public Utilities Department - Engineering and Project Management Division 16.C.8 Packet Pg. 1257 06/11/2019 ATTACHMENT(S) 1. Attachment 1 - 14-6345 AECOM_Amend#2_VendorSigned (PDF) 2. Attachment 2 - 14-6345 ExeSumm_BCC 07_07_2015 (PDF) 3. Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (PDF) 4. Attachment 4 - 14-6345 Aecom_Amend#1_BCC 11-15-2016 (PDF) 5. Attachment 5 - Proposed Schedule B - Basis of Compensation (PDF) 16.C.8 Packet Pg. 1258 06/11/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.8 Doc ID: 8910 Item Summary: Recommendation to approve Amendment #2 to Agreement #14-6345 with AECOM Technical Services, Inc., for Basin 305 (Project Number 70141) of the "Wastewater Basin Program," for increasing the hourly rates in the Basis of Compensation. Meeting Date: 06/11/2019 Prepared by: Title: – Public Utilities Planning and Project Management Name: Michael Stevens 05/09/2019 4:14 PM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 05/09/2019 4:14 PM Approved By: Review: Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 05/10/2019 8:36 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 05/10/2019 10:37 AM Wastewater Beth Johnssen Additional Reviewer Completed 05/10/2019 11:11 AM Procurement Services Sandra Herrera Additional Reviewer Completed 05/13/2019 9:04 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 05/13/2019 10:03 AM Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 05/15/2019 9:23 AM Procurement Services Ted Coyman Additional Reviewer Completed 05/23/2019 1:42 PM Procurement Services Swainson Hall Additional Reviewer Completed 05/24/2019 9:25 AM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 05/24/2019 12:13 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/24/2019 1:06 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/24/2019 3:15 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/24/2019 3:44 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/29/2019 7:41 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/31/2019 2:22 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/02/2019 10:57 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/11/2019 9:00 AM 16.C.8 Packet Pg. 1259 06/11/2019 Grants Therese Stanley Additional Reviewer Completed 05/31/2019 11:11 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/02/2019 10:58 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/11/2019 9:00 AM 16.C.7 Packet Pg. 1255 16.C.8.a Packet Pg. 1260 Attachment: Attachment 1 - 14-6345 AECOM_Amend#2_VendorSigned (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 16.C.8.aPacket Pg. 1261Attachment: Attachment 1 - 14-6345 AECOM_Amend#2_VendorSigned (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 16.C.8.a Packet Pg. 1262 Attachment: Attachment 1 - 14-6345 AECOM_Amend#2_VendorSigned (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 16.C.8.b Packet Pg. 1263 Attachment: Attachment 2 - 14-6345 ExeSumm_BCC 07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 16.C.8.b Packet Pg. 1264 Attachment: Attachment 2 - 14-6345 ExeSumm_BCC 07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 BASIN] PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this .J±i day of iJ,, Cy , 20J_S- 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 AECOM Technical Services, Inc., authorized to do business in the State of Florida, whose business address is 4415 Metro Parkway, Suite 404, Fort Myers, FL 33916 (hereinafter referred to as the "CONSUL TANT"). WIT N ES S ETH: WHEREAS, the OWNER desires to obtain the professional Construction Engineering and Inspection (CEI) Services of the CONSUL TANT concerning the Wastewater Basin Programs [MPS 305 Basin] (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 CONSUL TANT has submitted a proposal for provision of those services; and WHEREAS, the CONSUL TANT 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: 16.C.8.c Packet Pg. 1265 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSUL TANT shall provide to OWNER professional Construction Engineering and Inspection (CEI) services in all phases of the Project to which this Agreement applies. 1.2 . The Basic Services to be performed by CONSUL TANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSUL TANT 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. CONSUL TANT designates Ronald R. Cavalieri, 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 CONSUL TANT with respect to directing , coordinating and adm inistering 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 CONSUL TANT on all matters arising out of or relating to this Agreement. The CONSUL TANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by 2 16.C.8.c Packet Pg. 1266 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSUL TANT 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 CONSUL TANT agrees that all services to be provided by CONSUL TANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701 (2)(a)-(d) and (3)) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. 3 16.C.8.c Packet Pg. 1267 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law . (d) Meet all requirements for retaining public records and transfer , at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements . All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. In the event of any conflicts in these requirements, the CONSUL TANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolut ion of each such conflict. OWNER 'S approval of the design documents in no way relieves CONSUL TANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following : Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents , failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the . Consultant's non-performance whether or not the County obtained substitute performance . 4 . 3 16.C.8.c Packet Pg. 1268 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 1.8 . CONSUL TANT 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 CONSUL TANT hereunder, and CONSUL TANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph . CONSUL TANT shall provide OWNER prompt written notice of any such subpoenas. 1.9. As directed by OWNER , all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD , drawn in the Florida State Plane East (US Feet) Coordinate System (NAO 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way -ROW, centerlines -CL , edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications . ARTICLE TWO ADDITIONAL SERVICES OF CONSUL TANT 2.1. If authorized in writing by OWNER through a Change Order to this Agreement , CONSUL TANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope , compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement , such authority will be as established in OWNER 'S Purchasing Ordinance and Procedures in effect at the time such services are authorized . These services will be paid for by OWNER as 5 0 16.C.8.c Packet Pg. 1269 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 CONSUL TANT for such Additional Services and (ii) an admission by CONSUL TANT that such Work is not additional but rather a part of the Basic Services required of CONSUL TANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSUL TANT in response to an emergency , an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSUL TANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSUL TANT 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 : 2.2 . Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans , bond issues or advances in connect ion with the Project. 2 .3. Services resulting from significant changes in the general scope , extent or character of the Project or its design including , but not limited to, changes in size , complexity , 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. 6 16.C.8.c Packet Pg. 1270 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 2.4. Providing renderings or models for OWNER'S use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2 .6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSUL TANT hereunder. 2.8. Services during travel outside of Collier and Lee Counties required of CONSUL TANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.9. Preparation of operating , maintenance and staffing manuals, except as otherwise provided for herein. 2.10. Preparing to serve or serving as a CONSUL TANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.11. Additional services rendered by CONSUL TANT 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 7 16.C.8.c Packet Pg. 1271 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT for payment for services and work provided and performed in accordance with this Agreement ; (b) Provide all criteria and information requested by CONSUL TANT 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 CONSUL TANT , assist CONSUL TANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project , including existing drawings , specifications, shop drawings , product literature , previous reports and any other data relative to the Project ; (d) Arrange for access to and make all provisions for CONSUL TANT to enter the Project site to perform the services to be provided by CONSUL TANT under this Agreement; and 8 16.C.8.c Packet Pg. 1272 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSUL TANT hereunder. ARTICLE FOUR TIME 4 .1. The period of service shall be from the date of Board approval of this Agreement through twenty (20) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. 4 .2 . Services to be rendered by CONSUL TANT 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 Schedule defined in each Notice to Proceed. Time is of the essence with respect to the performance of this Agreement. 4.3. Should CONSUL TANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSUL TANT, 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 CONSUL TANT 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 CONSUL TANT may have had to request a time extension for that specific delay. 4.4. 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 CONSUL TANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. 9 16.C.8.c Packet Pg. 1273 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided , however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay " provision. This paragraph shall expressly apply to claims for early completion , as well as claims based on late completion. Provided , however , if through no fault or neglect of CONSUL TANT , 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 CONSUL TANT, if any , as a result of such delays. 4.5 . Should the CONSUL TANT 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 CONSUL TANT 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 w ill shortly be back on schedule. 4.6 . In no event shall any approval by OWNER authorizing CONSUL TANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSUL TANT 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 10 16.C.8.c Packet Pg. 1274 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) OWNERSHIP OF DOCUMENTS 6 .1. Upon the completion or termination of this Agreement , as directed by OWNER, CONSUL TANT shall deliver to OWNER copies or originals of all records, documents, drawings , notes , tracings, plans, MicroStation or AutoCAD files, specifications , maps , evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSUL TANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSUL TANT. CONSUL TANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents . CONSUL TANT , 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 , CONSUL TANT hereby grants to OWNER a nonexclusive , irrevocable license in all of the Project Documents for OWNER 'S use on this Project. CONSUL TANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further , CONSUL TANT 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. CONSUL TANT 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. CONSUL TANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSUL TANT 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 11 16.C.8.c Packet Pg. 1275 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) the five (5) year period noted above, or such later date as may be required by law ; provided, however, such activity shall be conducted only during normal business hours . ARTICLE EIGHT INDEMNIFICATION 8 .1. To the maximum extent permitted by Florida law, CONSUL TANT 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 CONSUL TANT or anyone employed or utilized by the CONSUL TANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherw ise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1. CONSUL TANT shall obtain and carry , at all times during its performance under the Contract Documents , insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida . 9 .3 . All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies : 9 .3.1. All insurance policies, other than the Business Automobile policy , Professional Liability policy, and the Workers Compensation policy , provided by CONSUL TANT to meet the requirements of this Agreement shall name Collier County Government , Collier County , Florida , as an additional insured as to the operations of CONSUL TANT under this Agreement and shall contain a severability of interests provisions. 12 16.C.8.c Packet Pg. 1276 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 CONSUL TANT. 9.3.3 . All insurance coverage of CONSUL TANT 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 CONSUL TANT 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 . CONSUL TANT , 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 CONSUL TANT obtains the insurance policies required hereunder must meet the following minimum requirements : 9 .5 .1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9 .5.2. The insurance company must have a current A. M . Best financial rating of "Class VI " or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10 .1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with , or use of the services of any other person or firm by CONSUL TANT, as independent consultant or otherwise , shall be subject to the prior written approval of the OWNER. No provision of this 13 16.C.8.c Packet Pg. 1277 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT by the terms of this Agreement, and to assume toward the CONSUL TANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSUL TANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. CONSUL TANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSUL TANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship 14 16.C.8.c Packet Pg. 1278 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) between OWNER and any subconsultant or subcontractor. Further, all such contracts shall prov ide 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 th is Agreement and identified by CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT or by any of CONSULTANT'S principals , officers or directors , or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations o r 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 CONSUL TANT 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 CONSUL TANT was not in default, or that its default was excusable , or that OWNER otherwise was not entitled to the remedy against CONSUL TANT 15 16.C.8.c Packet Pg. 1279 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 CONSUL TANT's remedies against OWNER shall be the same as and be limited to those afforded CONSUL TANT 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 CONSUL TANT that are directly attributable to the termination , but CONSUL TANT shall not be entitled to any other or further recovery against OWNER , including , but not limited to, anticipated fees or profits on work not required to be performed . CONSULTANT must mitigate all such costs to the greatest extent reasonably possible . 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers , records , documents , drawings, models , and other material set forth and described in this Agreement , including those described in Section 6 , that are in CONSULTANT'S possession or under its control. 12 .5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSUL TANT 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 CONSUL TANT within forty-five (45) days after such payment is due or such other time as required by Florida 's Prompt 16 ,,.... 16.C.8.c Packet Pg. 1280 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSUL TANT 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 CONSUL TANT may stop its performance under this Agreement until such default is cured , after giving OWNER a second fourteen (14) days written notice of CONSUL TANT'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 CONSUL TANT 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 CONSUL TANT 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 , CONSUL TANT 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 CONSUL TANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13 .1. CONSUL TANT warrants that CONSUL TANT has not employed or retained any company or person , other than a bona fide employee working solely for CONSUL TANT , to solicit or secure this Agreement and that CONSUL TANT has not paid or agreed to pay any person , company , corporation , individual or firm , other than a bona fide employee working solely for CONSUL TANT , any fee , commiss ion , percentage, gift or any other consideration contingent upon or resulting from the award or mak ing of this Agreement. 13 .2 . In accordance with provisions of Section 287 .055, (5)(a), Florida Statutes , the CONSUL TANT 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 17 16.C.8.c Packet Pg. 1281 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 CONSUL TANT 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. CONSUL TANT 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. CONSUL TANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSUL TANT 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: 18 16.C.8.c Packet Pg. 1282 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tam iami Trail East Naples, FL 34112 Attention : Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407; Fax : 239-252-6480 16 .2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSUL TANT 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: AECOM Technical Services , Inc . 4415 Metro Parkway , Suite 404 Fort Myers , FL 33916 Phone: 239-278-7996 ; Fax : 239-278-0913 Attn : Ronald R. Cavalieri , Client Service Manager 16.3. Either party may change its address of record by written notice to the other party g iven in accordance with requirements of this Article . ARTICLE SEVENTEEN MISCELLANEOUS 17 .1. CONSULTANT, in representing OWNER , shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust , confidence , and fair dealing . 17 .2 . No modification , waiver , suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party . 17.3. This Agreement is not assignable , or otherwise transferable in whole or in part , by CONSUL TANT 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. 19 16.C.8.c Packet Pg. 1283 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 (To be subsequently, provided with each Notice to Proceed.) Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL , SUBCONSUL TANTS AND SUBCONTRACTORS 20 16.C.8.c Packet Pg. 1284 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) RFP # 14-6345 Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs Terms and Conditions Consultant's Proposal 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 jurisd iction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19 .1. CONSUL TANT warrants that CONSULTANT has not employed or retained any company or person , other than a bona fide employee working solely for CONSUL TANT , to solicit or secure this Agreement and that CONSUL TANT has not paid or agreed to pay any person , company , corporation , individual or firm , other than a bona fide employee working solely for CONSUL TANT, 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 , CONSUL TANT shall sign and de liver 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: 21 16.C.8.c Packet Pg. 1285 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida . The mediation shall be attended by representatives of CONSUL TANT 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. 22 16.C.8.c Packet Pg. 1286 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement , the CONSUL TANT is formally acknowledging without exception or stipulation that it is fully responsible for comply ing 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 CONSUL TANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilatera lly terminate this agreement immediately . ********** 23 16.C.8.c Packet Pg. 1287 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) IN WITNESS WHEREOF , the parties hereto have executed this Professional Services Agreement for Construction Engineering and Inspection (CEI) Services [MPS 305 Basin] Services the day and year first written above . ATTEST : Name ;:: ~ 'Hd,.,,f-Ma"1JU Name and Title 7 ' ~t_ness Lh eac C , {.)..)oHe.r Qdm'i.n ,Q~t. Name and Title ' BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY , FLORIDA , By :_/_~-~-~-~--- Tim Nance , Chairman AECOM Technical Services. Inc. 24 l 16.C.8.c Packet Pg. 1288 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 Basin] SCHEDULE A SCOPE OF SERVICES Construction Engineering and Inspection Services Consultant's inspectors shall observe regular construction and testing activities related to the Program as directed by the Project Manager, including rehabilitation work. Construction/testing reports and pictures of construction will be prepared daily in the field with approved electronic devices (Laptop PC or tablets) on the day the construction activity takes place by the Construction inspector. All construction documentation will be provided no later than 7 PM of the day work took place via electronic E-mail to the project manager and designated recipients. A hard copy will be kept in the Consultant's project file. Travel time to or from the work site will not be compensated . Additional hours outside of the normal work day are to be compensated for at the standard hourly rate as included in the contract schedule. Once a project begins, all changes to staffing are to be approved by Collier County. Changes to personnel will not result in additional compensation to acclimate staff to the project. All staff will be required to undergo a County background check and maintain a County identification badge during the contract period at the firm's expense. Consultant's inspectors and their alternates should be certified for Class II Asbestos Work (8 hour OSHA course) and keep the certification current thru the entire construction project. The CEI services will include the following tasks: Task 1.0 -Construction Observation and Documentation Task 2.0 -Construction Inspector and Project Oversight Task 3.0 -Additional Services Task 1.0 -Construction Observation and Documentation The Consultant's construction inspector (or activity observer) will provide the services outlined below . 1.1 -Construction/Testing Observation -The construction inspector will conduct on-site observations and inspections of all construction/testing activities on the Project on a full or part time basis unless directed otherwise by the project manager to ensure that all work is completed in accordance with the Contract Documents . The Construction Inspector will inform the project manager and the on-site superintendent of the construction/testing contractor of any concerns related to conformance of the work with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on-site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and the project manager in writing about the concern or issue within eight (8) business hours , but not more than one (1) business day after the discovery of any concern or issue. The EOR will be responsible for investigating the concern or issue and resolving the same through a written A-1 16.C.8.c Packet Pg. 1289 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) directive to the construction contractor and so inform the project manager and the Construction Inspector in writing . This protocol will be initiated any time the Construction Inspector becomes aware of any construction that is unsatisfactory , faulty or defective , does not conform to the Contract Documents , does not meet the requirements of any inspections , tests or approval required to be made , or has been damaged before final payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR , including the written directive resolving the issue or concern . 1.2 -Log and Construction Documentation -The construction inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including , but not limited to : construction crew (labor) details , equipment used , materials used , compliance testing and inspection performed, weather, temperature, site conditions , trench conditions , backfill material used, dewatering methods , compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations . In addition to the construction details , the daily log will contain information related to: time and hours on the job site, weather conditions , data pertaining to questions of quantities of materials used, extras or deductions , list of visiting officials and representatives of manufacturers , fabricators , suppliers and distributors , observations in general and specific observations in more detail as in observing test procedures , conformance inspection of materials and fittings , name plate data for equipment and material installed , customer service field log , and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construct ion inspector on a daily basis in an electronic file via E-mail, on a d igital CD only if requested by the project manager and a printed copy to be maintained on the project site in the inspector's trailer . All daily reports shall be prepared in the field. 1.3 -Photographic and V ideo Record -The Construction inspector w ill provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the photograph , the date and time of the photograph and the name of the photographer. The digital files will be transferred via E-mail to the project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a daily basis along with the construction documentation . The photographs may be electronic sent via E-mail to the project manager on a daily basis. If requested by the project manager, p ictures will be printed in high resolution color , two captioned photos per 8 %" x 11 " sheet, printed one side only. The prints if requested will be provided to the project manager when needed. If requested by the project manager, video will be provided in digital format on DVD bi-weekly . 1.4 -General Coordination -The Construction inspector will coordinate all act ivities related to the Project between the construction contractor, the EOR and the project manager. The Construction inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list , including follow-up inspections to ensure that punch list items are corrected and/or completed . Coordination may also include, at the project manager's direction , coordination with the County Utilities Department for testing and construction of required connections to existing facilities . The Construction Inspector w i ll also coordinate , as directed by the project manager, with residents, business owners, and the general public. The County reserves the right to remove any Construction Inspectors from a project at any time for failure to adhere to County policies and procedures . A-2 16.C.8.c Packet Pg. 1290 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 1.5 -Observe Regulatory Agency Inspections -The Construction Inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The Construction Inspector will always notify the project manager prior to any such inspections. 1.6 -Construction Progress Meetings -The Construction Inspector will coordinate bi-weekly progress meetings chaired by the project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The Construction Inspector will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two (2) days after the meeting to the project manager, EOR, and the construction contractor. 1. 7 -Substantial Completion Inspections -The Construction Inspector will conduct substantial completion inspections when requested by the construction contractor and the EOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the EOR and the project manager. The Construction Inspector will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis . The Construction inspector will coordinate and participate in the final walk-through to ensure that the punch-list items are completed to the satisfaction of the EOR and the project manager. All services related to the Substant ial Completion Inspection shall be provided in writing and pictures to the project manager for the Project. 1.8 -Final Completion Inspection -Upon the request of the construction contractor and concurrence of the EOR and the project manager, the Construction Inspector will conduct final inspections of portions of the project , as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein . Based on the results of the final inspection , the EOR, project manager, and the Construction inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the Construction inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction inspector can issue a "notice of final acceptance and recommendation for final payment ". All services related to the Final Completion Inspection shall be provided to the project manager of the Project. 1.9 -Final Construction Certification -Upon issuance of a "notice of final acceptance and recommendation for final payment" the Construction inspector will provide a signed and sealed certification by a professional engineer of the EOR in responsible charge of the work provided by the Construction inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer of Record ". All services related to the Final Construction Certification shall be provided to the project manager of the Project. A-3 16.C.8.c Packet Pg. 1291 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 1.10 -Pu~lic Information Web Site -The county may elect the selected consultant to provide weekly proJect update on a project specific web site in order to advise the public of a project's progress and upcoming construction activities. TASK 2.0 -Construction Inspector and Project Oversight 2.1 -General Management and Oversight -The Construction inspector will provide support services customarily related to the construction observation and inspection of similar projects including , but not limited to the following: a . Participate in a pre-construction meeting with the project manager, EOR, and the general contractor. b . Participate in other meetings as described or implied here in. c. Review and verify correctness of the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the Construction inspector to the project manager as an experienced and qualified professional , that based on Construction inspector's onsite observations and inspections of construction in progress , that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction inspector shall be mechanically stamped with the date received . d . The Construction i nspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the project manager and EOR. e. The Construction inspector will provide such field testing and verification that all materials , equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f . Within one week after the construction contractor notifies the EOR and the project manager that the Work on the Project is substantially complete in accordance with the Contract Documents , the Construction inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida , that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted . 2 .2 -Coordination of Shop Drawings , Contract Interpretations and Clarifications -The Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and clar ifications of Contract Documents during construction. The Design Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction inspector shall coordinate the Design Engineer's (EOR) decisions and responses with the construction contractor . A-4 16.C.8.c Packet Pg. 1292 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 2.3 -Monitor Project Records -The Construction inspector shall monitor all required Project records , including but not limited to delivery schedules, inventories and construction reports. 2.4 -As Constructed Field Drawings -The Construction inspector shall maintain red pencil "mark-up " notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the "As Built" documentation provided by the construction contractor. The Construction inspector will notify the project manager, EOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction inspector on a weekly basis for resolution by the EOR. 2 .5 -Start-up and Re-commissioning Support -The Construction inspector will assist the project manager, the EOR , and the construction contractor during start-up of each segment designated for Beneficial Use by the EOR and project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, project manager, and construction contractor. 2 .6 Asset Management Information -Provide asset management information of the constructed infrastructure in a format specified by Collier County . Task 3.0 -Additional Services 3.1 -Additional Services (only as authorized in writing) -In accordance with the contract or purchase order , in the event that other services may arise during the course of the work , but were not envisioned as part of the original or amended scope of work ; Engineer shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed , time to complete , compensation , and an explanation as to why the services were not previously envisioned as part of the scope of work . The proposed Additional Services must be approved by the project manager in writing in advance of performance of said Additional Services. Failure to notify the project manager in writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such services were Additional Services . Written authorization from the project manager will be required for any charges that exceed the predetermined upper limit. A-5 16.C.8.c Packet Pg. 1293 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 Basin] SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSUL TANT 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. B 1 .1.1 All monthly status reports and invoices shall be mailed to the attention of Corinne Trtan, 3339 East Tamiami Trail, Suite 303, Naples, FL 34112, (239) 252-4233. 2 . COMPENSATION TO CONSUL TANT B.2 .1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSUL TANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below . Provided, however, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B 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, CONSUL TANT 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 CONSUL TANT 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 B-1 ,,, .... --. .. I 16.C.8.c Packet Pg. 1294 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) under the prov1s1ons of this Agreement , and shall include the cost of all materials • I equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSUL TANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSUL TANT 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 CONSUL TANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSUL TANT 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. 8.3 .2 . Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSUL TANT for correction . Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3 .3. Notwithstanding anything herein to the contrary , in no event may CONSULTANT'S monthly billings , on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSUL TANT has completed such task as of that particular monthly billing . 8 .3 .4 . Payments for Additional Services of CONSUL TANT 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, CONSUL TANT 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-2 .,,,,. ..... 16.C.8.c Packet Pg. 1295 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 CONSUL TANT, 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 th is 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 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. B-3 16.C.8.c Packet Pg. 1296 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 Basin] SCHEDULE B Attachment I Title Standard Hourly Rate Principal $ 213.00 Senior Project Manaqer $ 178.00 Project Manaqer $ 152 .00 Senior Enqineer $ 162.00 Enqineer $ 127.00 Senior Inspector $ 100.00 Inspector $ 78 .00 Senior Planner $ 143.00 Planner $ 113.00 Senior Desiqner $ 117.00 Desiqner $ 97 .00 Environmental Specialist $ 112.00 Senior Environmental Specialist $ 138.00 Scientist/Geoloqist $ 96.00 Senior Scientist/Geoloq ist $ 122 .00 Marine Bioloqist/Hydroqeoloqist $ 113 .00 Senior Marine Bioloqist/Hvdroqeoloqis $ 142.00 Senior GIS Specialist $ 143.00 GIS Specialist $ 105.00 Clerical/Administrative $ 64 .00 Senior Technician $ 88.00 Technician $ 74.00 Survevor and Mapper $ 124.00 CADD Technician $ 83.00 Survey Crew -2 man $ 134.00 Survey Crew -3 man $ 166.00 Survey Crew -4 man $ 195.00 Senior Architect $ 159.00 Architect $ 125.00 This list is not intended to be all inclusive . Hourly rate fees for other categories of professional , support and other services shall be mutually negotiated by the County and the firm as needed for the Project. END OF SCHEDULE B. B-4 l(~:-o·~ ' ' I 16.C.8.c Packet Pg. 1297 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 BASIN] SCHEDULED 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 CONSUL TANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT from its insurer, and nothing contained herein D-1 § 16.C.8.c Packet Pg. 1298 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) shall relieve CONSUL TANT of this requirement to provide notice . In the event of a reduction in the aggregate limit of any policy to be provided by CONSUL TANT hereunder, CONSUL TANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSUL TANT 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) CONSUL TANT 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 ma i ntain 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 CONSUL TANT for such coverages purchased . If CONSUL TANT 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 CONSUL TANT under this Agreement or any other agreement between OWNER and CONSUL TANT. 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 CONSUL TANT 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 D-2 16.C.8.c Packet Pg. 1299 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSUL TANT 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 CONSUL TANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation -Florida Statutory Requirements b. Employers' Liability (check one , if applicable) X --$500,000 Each Accident $500 ,000 Disease Aggregate $100 ,000 Disease Each Employee $1 ,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed . (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. __ Applicable _x_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work . __ Applicable _X_ Not Applicable D-3 16.C.8.c Packet Pg. 1300 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) 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 CONSUL TANT. 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 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage __ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300 ,000 $300,000 $300,000 $50,000 $500,000 $500,000 $500,000 $500,000 $50,000 $2,000,000 $2,000,000 $2,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects D-4 16.C.8.c Packet Pg. 1301 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) away from premises owned by or rented to you ." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSUL TANT. Deductibles or self-insured retentions carried by the CONSUL TANT 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 CONSUL TANT or the SUBCONSUL TANT 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 CONSUL TANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. __ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than : D-5 16.C.8.c Packet Pg. 1302 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) __ Bodily Injury & Property Damage -$ 500 ,000 _X_ Bodily Injury & Property Damage -$1 ,000 ,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSUL TANT and , if so, such policy shall be excess of the Employers' Liability , Commercial General Liability , and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis . (2) The policy shall contain wording to the effect that , in the event of the exhaustion of any underlying limit due to the payment of claims , the Umbrella policy will "drop down" to apply as primary insurance . PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSUL TANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: __ $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $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 CONSUL TANT. Deductible amounts are subject to the approval of the OWNER. D-6 16.C.8.c Packet Pg. 1303 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) (3) The CONSUL TANT 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 retroact ive date will always be prior to the date services were first performed by CONSUL TANT or OWNER , and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSUL TANT 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, CONSUL TANT 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 CONSUL TANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy , CONSUL TANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy . CONSUL TANT shall promptly submit a certified , true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans , specifications , drawings , reports , maps, books, blueprints , and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records uti lized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased , then CONSUL TANT 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 CONSUL TANT agrees to pursue the max imum credit available on the next D-7 16~-~ \.:Y 16.C.8.c Packet Pg. 1304 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) renewal policy , if a renewal occurs during the term of the project policy (and on any subsequent profess ional liability policies that renew during the term of the project policy). CONSUL TANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER , OWNER and CONSUL TANT , 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) CONSUL TANT 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 pol icy is replaced by an individual project policy. f . Cost of professional insurance as a percent of revenue. g . Affirmation that the design firm will complete a timely project errors and omissions application . (3) If OWNER elects to purchase a project professional liability policy , CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance , naming CONSUL TANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 16.C.8.c Packet Pg. 1305 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 BASIN] SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act , Section 287 .055 , Florida Statutes, AECOM Technical Services, Inc. hereby certifies that wages , rates and other factual unit costs supporting the compensation for the services of the CONSUL TANT to be provided under the Professional Services Agreement, concerning Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Program [MPS 305 Basin] are accurate , complete and current as of the time of contracting. AECOM Technical Services , Inc. ~//J I/~, BY : \.::)\.~ _ ___;;=-------------- TITLE : -~..:......;_'{'\_(\_C,-+-\fl___,("""--'C/\=-~--j.U'\~---'e -~\[' __ DATE : __ 7_._'k_t-+-/_~____;.\5 ___ _ I E-1 16.C.8.c Packet Pg. 1306 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 BASIN] SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS Additional subconsultants and subcontractors may be added to this Agreement as needed for the project requirements in accordance with Schedule B. Title Ronald Cavalieri Richard Ulkus Dawn Jakiela Fred Sexton Personnel Category Principal-in-Charge CEI Manager Program Manager Construction Supervisor F-1 16.C.8.c Packet Pg. 1307 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/04/2015 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 the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME : Marsh Risk & Insurance Services PHONE I rt~ Nol: CA License #0437153 11\lt"" ....... c ... ,. 777 South Fig ueroa Street E-MAIL Los Angeles, CA 90017 ADDRESS : Attn : LosAngeles.CertRequest@Marsh .Com INSURER(Sl AFFORDING COVERAGE NAIC # 06510-AECOM-15-16 FortM GLALP 1time INSURER A : Zurich American Insura nce Company 16535 INSURED AECOM INSURER B : N/A NIA AECOM Technical Services , Inc. INSURER c : Illinois Union Insurance Co 27960 4415 Metro Parkway , Suite 404 INSURER D : Fort Myers, FL 33916 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER· LOS-001882477-02 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 . INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR 1,.,~n l un,n POLICY NUMBER IMM/DD/YYYYI i IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY GL O 5965891 07 04/01 /2015 04/01 /2016 EACH OCCURRENCE $ 1,000 ,000 ~ D CLAIMS-MAD E 0 OCCUR ~~~j~H9E~~~,;1ence\ $ 1,000 ,000 ~ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY ~ $ 2,000 ,000 GEN'L AGGR EGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 p=i D PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTH ER: $ A AUTOMOBILE LIABILITY BAP 5965893 07 04 /01 /2015 04/01 /2016 COMBINED SINGLE LIMIT $ 1,000 ,000 ~ /Ea accident) X ANY AUTO BODILY INJURY (Per person) $ ~ -ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ~ AUTOS NON-OWNED PROPERTY DAMAGE $ ~ HIRED AUTOS ~ AUTOS /Per accident) $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFF ICER /MEMBER EXCLUDED? N/A (Mandatory In NH) E.L . DISEASE -EA EMPLOYEE $ ~m:~ftf~~ ()~OPERATIONS below E.L. DISEASE -POLICY LIMIT $ C ARCHITECTS & ENG. EON 821654693 10/08/2014 04/01 /2016 Per Claim /Agg $1 ,000 ,000 PROFESSIONAL LIAB . ""CLAIMS MADE"" Defense Included DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re : AECOM Project No . 04151624.0001 ; Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs (MPS 305 Basin)"; Collier County Board of County Commissioners is named as additional insured for GL coverage , but only as respects work performed by or on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION Collier Cou nty SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Administrative Services Dept. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention : Swain son Hall-Procurement Strategist ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trai l East Naples , FL 34112-4901 AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services I David Denihan 4J?,,,,rA,t?~~--- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 16.C.8.c Packet Pg. 1308 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) AECOM and Its Subsidiaries GLO 5965891-07 Eff 04/01/2015 POLICY NUMBER :. GLO 5965891-07 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Only those where required by contract . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Wio Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part , by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations ; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional i nsured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. VVith respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement ; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc ., 2012 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsT"' 16.C.8.c Packet Pg. 1309 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 1/1/2016 7/21 /2015 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 the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: 19800 MacArthur Bl vd., Suite 1250 PHONE I rt~ Nol: IA/C No CvH• CA License #OFI 5767 E-MAIL Irvine 92612 ADDRESS: 949-252-4400 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Insurance Comoanv of the State of PA 19429 INSURED AEC OM INSURER B : 1075642 AE C OM Technical Services, Inc . INSURER C : 4415 Metro Parkway, Suite 404 INSURER D: Fort Myers FL 33916 INSURERE : INSURER F : COVERAGES AECTEO I CERTIFICATE NUMBER· 13585148 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANC E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE I ,.,.,n '"n,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl COMMERCIAL GENERAL LIABILITY NOT APPLI CA B LE EACH OCCU RRE NC E $ xxxxxxx 1--D CLAIMS-M ADE D OCCU R 0 1'MAc,E TO RE NTED PREMISES rEa occurrence \ $ xxxxxxx 1-- 1--MED EXP (A ny one person) $ xxxxxxx 1-- PERSONAL & A DV INJ URY $ xxxxxxx GEN'L AGGRE GAT E LI MIT A PP LI ES PER : GENER AL AGGREG ATE $ xxxxxxx R D PRO-D PRODUCTS -COMP/OP AGG $ xxxxxxx PO LI CY JECT LOC OTHER: $ AUTOMOBILE LIABILITY NOT A PPLI CA BLE CO MBINED SING LE LI MIT $ xxxxxxx /Ea accident! ,__ A NY AUTO BODILY INJUR Y (Per person) $ xxxxxxx ,__ A LL OWN ED -SCHEDULED BODILY INJU RY (Per accident) $ xxxxxxx ,__ AUTOS ,__ AUTOS NO N-OWN ED PROPERTY DA MAGE $ xxxxxxx ,__ HIRED AUTOS ,__ AUTOS I Per accidenll $ xxxxxxx UMBRELLA LJAB H OCCUR NOT APPLI C ABLE EAC H OCCURREN CE $ xxxxxxx ,__ EXCESS LIAB CLAI MS-MADE AGG REG ATE $ xxxxxxx OED I I RETENTION$ $ xxxxxxx WORKERS COMPENSATION N X I ~~%UT E I I OTH- A SEE ATTAC H ED AC ORD IO I 1/1 /20 15 1/1 /20 16 ER AND EMPLOYERS' LI ABILITY Y/N ANY PR OPRIETOR/PA RTNER/EXECU TI VE 0 E.L. EAC H ACCI DENT $ 2 000 000 OFF IC ER/MEMBER EXC LUDE D? NIA (Mandatory in NH) E L DI SEAS E -EA EMPLOY EE $ 2 000 000 ~l i~~(ti ~~ on/O PE RA TIONS be low E.L. DISEA SE -PO LI CY LIMI T s 2 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) N ot ice of Cancell atio n ap plie s per attac hed endorse ment. Co ntract# 14-634 5 "Constructi on Eng ineerin g and Inspe cti on (CEI ) Serv ices fo r t he Was tewater Basin Pro gram s (MPS 305 Bas in )" CERTIFICATE HOLDER 13585148 Collier County Craig Pajer, P.E . 3339 Tamiami Trail East Suite 303 Naples , FL 34112 ACORD 25 (2014/01 ) CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPR All rights reserved. The ACORD name and logo are registered marks of ACORD 16.C.8.c Packet Pg. 1310 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Insurer A : The Insurance Company of the State of Pennsylvania The Workers' Compensation coverage shown does not apply in monopolistic states . In the State of ND , OH , WA, and WY Workers' Compensation coverage is provided by the State Fund. In those States , the above reference policies provide Stop-Gap Employers' Liability only. Workers' Compensation policies apply as indicated below: AECOM WC 028328280 -CA WC 028328281 -FL WC 028328282-MA ,ND ,OH ,WA,Wl ,WY WC 028328283 -ME WC 028328284 -AK.AZ .V A WC 028328285 -IL ,KY ,NC ,NH ,UT ,VT WC 028328286 -NJ , PA WC 028328287 -AL,AR ,CO ,CT,OC ,OE ,GA,Hl ,IA ,10 ,IN ,KS ,LA ,MD ,Ml ,MN ,MO ,MS ,MT ,NE ,NM ,NV ,NY ,OK,OR ,Rl ,SC ,SD ,TN ,TX,WV URS Corporation WC 028328288 -CA WC 028328289 -FL WC 028328290-MA ,ND ,OH ,WA,Wl ,WY WC 028328291 -AL,AR ,CO ,CT,OC ,OE ,GA,Hl ,IA ,10 ,IN ,KS ,LA ,MD ,Ml ,MN ,MO ,MS ,MT ,NE ,NM ,NV ,NY ,OK,OR ,Rl ,SC ,SO ,TN ,TX ,WV WC 028328292 -IL ,KY ,NC ,NH ,UT,VT WC 028328293 -NJ.PA WC 028328294 -AK,AZ ,V A WC 028328295 -ME ACORD 101 Miscellaneous Attachment: M503 712 Master ID : 1075642, Certificate ID: 13585148 16.C.8.c Packet Pg. 1311 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below . (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12 :01 AM 1/1/2015 forms a part of Policy No . SEE ATTACHED ACORD 101 Issued to AECOM AECOM Technical Services , Inc. By The Insurance Company of the State of Pennsylvania LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows : In the event that the Insurer cancels this policy for any reason other than non-payment of premium , and 1. the cancellation effective date is prior to this policy's expiration date ; 2 . the Named Insured or, if applicable , any other employers named in Item 1 of the Information Page is under an ex isting contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Ho lder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record , either: (a ) the name of the entity shown on the certificate , a contact name at such entity and the U.S. Postal Service mailing address of each such entity ; or (b) the ema il address of a contact at each such entity ; and 3 . prior to the effective date of cancellation , the Named Insured confirms to the Insurer, either directly or through its broker of record , that the persons or organizations set forth in the Schedule below , as well as their respective addresses listed , should continue to be a part of the Schedule and , if not, the names of the persons or organizations that should be deleted , the Insurer w ill provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule with in 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer; provided , however, that if a specific number of days is not stated above , then the Advice will be provided to such Certificate Holder(s ) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice , using the information provided and subsequently confirmed by the Named Insured in writing , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way , coverage provided under this pol icy or the cancel lation of this pol icy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy . The fo ll owing definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy . 2 . Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 (Ed. 04/11) Attac hm ent Code: D46 I 827 Maste r ID : I 075642 , Certifi cate ID : 13585148 16.C.8.c Packet Pg. 1312 Attachment: Attachment 3 - 14-6345 AECOM_Contract_07_07_2015 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) E)ilIIBIT A.1 Contract Amendment # I to Contract # l4{i34i (Constmction Engineering md Inspection (CEI) Services for the Wateryater Basin Programs MPS 305 Basinl' This amendment" datedlbrc-be{_E .20l6to the referenced agreement shall be by and between the parties to the original Agreemeni AECOM Technical Senrices, Inc., (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 144345 - "Constnrction Engineering and Inspection (CED Services for the Watewater Basin Programs IMPS 305 Basin]" ln order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the Contact, retroactive to the original Board approval date, as per the following and incorporated herein by reference or by the modified language below. Change #1: Amend Contract page 9 as follows: 4.2. Services to be rendered by CONSLITTANT shall be commenced subsequent to the execution of this Agreement upon the issuance of an Purch$e OrdersriM from OWNER for all or any designated portion of the Project and shall be performed in accordgnce qith the S,cope of Work described in the CONSULTAI\T'S promial. and *+f Change #2: Amend Contract pge20 as follows: 17.9. The tenns and conditions of the following Schedules altashet,hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION @ *** Note: Language deleted has been *let-+hreugh. New language has been underliged and boHeq. AII other terms and conditions of the agreement shall remain in force. Page I of2 16.C.8.d Packet Pg. 1313 Attachment: Attachment 4 - 14-6345 Aecom_Amend#1_BCC 11-15-2016 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) (Signature page to follow) IN WITNESS WIIEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: By: AECOM Technical Services. lnc Contactor C^0*.a e Utocua "r, -€r,Grlal[^i- DlgnaureFirst Witness Cherie C. Wolter f fypelprint witness namet Dawn Jakiela, P.E. Ronald R. Cavalieri, P.E. -Principal Engineer tfypelprint signature and titlet tfypelprint witness nanet Donna Fiala, Chaimran Page2 ofZ 16.C.8.d Packet Pg. 1314 Attachment: Attachment 4 - 14-6345 Aecom_Amend#1_BCC 11-15-2016 (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase) Contract #14-6345 Construction Engineering and Inspection (CEI) Services For the Wastewater Basin Programs (MPS 305 Basin) SCHEDULE B (Attachment I) Rate Schedule for Projects Initiated in Years 2018 and 2019 INDEX TITLE COST PER HOUR 1 Principal $225.00 2 Senior Project Manager $188.00 3 Project Manager $160.00 4 Senior Engineer $171.00 5 Engineer $134.00 6 Senior Inspector $105.00 7 Inspector $83.00 8 Senior Planner $152.00 9 Planner $120.00 10 Senior Designer $124.00 11 Designer $103.00 12 Environmental Specialist $119.00 13 Senior Environmental Specialist $146.00 14 Scientist/Geologist $101.00 15 Senior Scientist/Geologist $129.00 16 Marine Biologist/Hydrogeologist $120.00 17 Senior Marine Biologist/Hydrogeologist $150.00 18 Senior GIS Specialist $152.00 19 GIS Specialist $111.00 20 Clerical/Administrative $68.00 21 Senior Technician $93.00 22 Technician $78.00 23 Surveyor and Mapper $131.00 24 CADD Technician $88.00 25 Survey Crew – 2 man $142.00 26 Survey Crew – 3 man $176.00 27 Survey Crew – 4 man $206.00 28 Senior Architect $168.00 29 Architect $132.00 16.C.8.e Packet Pg. 1315 Attachment: Attachment 5 - Proposed Schedule B - Basis of Compensation (8910 : Amendment #2 AECOM Contract 14-6345 Rate Increase)