Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
#19-7593 (Q. Grady Minor & Associates, P.A.)
PROFESSIONAL SERVICES AGREEMENT Contract # 19-7593 for Palm River Utilitv Imorovemen ❑■ CC N A ❑ J -GGNA THIS AGREEMENT is made and entered into this c�i3r day of 20 20 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Q. Grady Minor & Associates, P.A authorized to do business in the State of Florida, whose business address is 3800 Via Del Rey, Bonita Springs, Florida 34134 (hereinafter referred to as the "CONSULTANT' and/or "CONTRACTOR") WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Palm River Utility Improvements (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Page 1 of 32 PSA Single Project Agreement 2017.010 Ver 2 9 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 the COUNTY. 1.5. CONSULTANT designates Justin Frederiksen, P.E. a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA Single Project Agreement 2017.010 Ver.2 9 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the Page 3 of 32 PSA Single Project Agreement 2017.010 Ver.2 9 CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real - Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 32 PS Single Project Agreement 2017.010 Ver.2 9 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COLINTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: Page 5 of 32 PSA Single Project Agreement 2017.010 Ver.2 a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition Page 6 of 32 PSA Single Project Agreement 2017.010 Ver.2 9 precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ❑ 4e Page 7 of 32 PSA Single Project Agreement 2017.010 Ver.2 G ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation orAutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. Page S of 32 PSA Single Project Agreement 2017.010 Ver.2 0 This section does not pertain to any incident arising from the sole negligence of Collier County. 8.1.1. The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 8.1.2. To the extent that the Agreement that the work pertains to is a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. Page 9 of 32 PSA Single Project Agreement 2017.010 Ver.2 9 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship Page 10 of 32 PSA Single Project Agreement 2017.010 Ver.2 NO between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. Page 11 of 32 PSA Single Project Agreement 2017.010 Ver.2 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. ❑M CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. Page 12 of 32 PSA Single Project Agreement2017.010 Ver.2 0 ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Engineering & Project Management Division Division Director: Tom Chmelik Address: 3339 Tamiami Trail East, 303 Naples, Florida 34112 Administrative Agent/PM: Diana Dueri, Senior Project Manager Telephone: (239) 252-4218 E-Mail(s): Diana. DueriCcD_colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey Bonita Sorinas. FL 34134 Attention Name & Title: Mark W. Minor, President Telephone: (239) 947-1144 E-Mail(s): mminor _gradyminor.com Page 13 of 32 PSA Single Project Agreement 2017.010 Ver.2 0 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE ❑■ Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: n/a Solicitation # 19-7593 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page la of 32 PSA Single Project Agreement 2017.010 Ver.2 a -- - N. tvme _LL :. M.MOWTAM. 2 17.11. Applicability. Sections corresponding to any checked box expressly apply to the terms of this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. F■ At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Page 15 of 32 PSA Single Project Agreement 2017.010 Ver.2 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 the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA Single Project Agreement 2017.010 Ver.2 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & Comptroller, a; !e Burt L. Saunders Date: Chairman Af r to; �►ai�-nan's signature only. ApMved as to Form, and Legality: County Attorney Name Cons ulta Consultant's Witnesses: Q. Grad Minor & sociatesI P.A. By: v Witness �r Carin J. Dwyer, Business Manager Mark W. Minor, P.E. - President Name and Title Name a d Title ness Kim Scher, Sr. Project Administrator Name and Title Page 17 of 32 PSA Single Project Agreement 2017,010 Ver.2 1� C,�p SCHEDULE A SCOPE OF SERVICES ❑■ following this page (pages 1 through 19 ) Page 18 of 32 PSA Single Project Agreement 2017.010 Ver.2 19-7593 "Palm River Utility Improvement Project SCHEDULE A SCOPE OF SERVICES TASK 1 — PRELIMINARY ENGINEERING Task 1A - Preliminary Engineering Report / Hydraulic Analysis In order to understand the existing infrastructure within the Palm River Neighborhood, the proposed infrastructure improvements, associated costs, and likely neighborhood concerns, Task 1 of the Project will be to develop a complete, accurate, and beneficial Preliminary Engineering Report (Report). The Report will serve as preliminary engineering for the Project the Project can progress efficiently and appropriately in the best interest of Collier County and the Palm River Neighborhood. As part of this Task, GradyMinor will gather and review record drawings of existing utilities including stormwater components and in general, perform the preliminary engineering and hydraulic analysis for the potable water, wastewater, irrigation quality, stormwater and irrigation quality water systems. GradyMinor will review the existing sidewalk conditions along the project corridor and propose new sidewalks within the project area. Additionally, GradyMinor will gather and analyze information concerning the existing septic tanks within the project area and propose conversion of septic systems to sewer system connections; and assist the County with applying for grants associated with the conversion of septic systems to sewer system connections. In general, this Task includes the following: a. Initial Kick -Off Meeting — GradyMinor will organize an initial kick-off meeting with PUD and GMD staff to review the project scope, project objectives/goals, project standards and project schedule for completing the work, and available funding sources. GradyMinor will prepare a project agenda and written meeting notes summarizing the discussion and project action plan. b. Utility Master Plans — GradyMinor will review the Collier County Water Sewer District's (CCWSD) utility master plans prior to the kick-off meeting to determine if any master plan work is required in or around the project area. c. Initial Project Timeline — GradyMinor will prepare an initial project timeline and submit to PUD and GMD staff at the Initial Kick -Off Meeting. GradyMinor shall update the schedule throughout the duration of the project and shall provide a copy of the updated schedule to PUD and GMD staff at their request. d. Keep the County informed on the Project progress. e. Attend and assist County staff with progress meetings. A total of 10 meetings are included with this proposal. Progress meeting notes will be prepared and distribute within three days of the meeting. f. Provide progress updates and status of the Project. Page 1 of 19 0 g. Public relations assistance including attending public information meetings with County staff, associations within Palm River, correspondence/meetings with the Commissioner's office, the preparation of graphics/exhibits, h. Gather and review record drawings of existing utilities including stormwater components and existing sidewalks along the project corridor. Review existing recorded plats, easements, and right-of-ways (ROW) to analyze easements and/or property boundaries to determine if it is anticipated that new easements will be required for the proposed improvements. j. Gather and review water, wastewater, irrigation quality, and stormwater master plans to determine any planned improvements. k. Review ROW, roadway, and driveway restoration and provide proposed typical details and cross sections. Proposed typical sections will include anticipated future sidewalks where applicable. 1. Review standards and specifications to be used for the Project components designs and construction, including known proposed deviations from County standard specifications and details. m. Assist PUD staff with collecting and providing historical operating data as needed. The data to be collected and reviewed shall include: • Recent pump down test performed on thirteen (13) pump stations • Existing valves conditions for Water, Wastewater, and Irrigation Quality Water Infrastructure. • Elapsed time meter data collected from operations staff • Water bills • Record drawings and pump curves of existing pump stations; and • Available SCADA information. n. Coordinating with and without duplicating efforts by other County Consultants, prepare a hydraulic model by developing a pipe and node schematic of the proposed water main system based on the selected preliminary layout. The hydraulic model will be limited to the Palm River Project area, with point pressures outside of the project area being provided by Collier County. o. For the purpose of sizing the proposed potable water improvements, considering flow demands, fire flow requirements, and water quality; with assistance from PUD staff, install pressure data loggers on the existing water main system along the project corridor to establish existing pressure conditions. Pressure will be collected for one (1) week using acceptable pressure transducers that will be installed on water air release valves or hydrants. This Task includes setting up and installing pressure transducers on approximately ten (10) air release valves or hydrants, downloading data and providing graphical results to PUD. p. Utilizing information gathered in the Tasks above, calibrate the water model by comparing model results to field collected data. Adjust parameters representing the system until model -predicted performance reasonably agrees with measured system performance over a wide range of operating conditions. Page 2 of 19 OCNO q. The Palm River wastewater collection system includes eight (8) pump stations, seven (7) of which are owned and maintained by Collier County and one (1) which is privately owned and maintained. Additionally, there are five (5) pump stations outside of the Palm River project area which pump into the Palm River wastewater collection system. As part of this task, a hydraulic model will be prepared by developing a pipe and node schematic of the proposed wastewater force main system based on the selected preliminary layout. The model will include the force main network connecting multiple pump stations including the eight (8) pump stations within the Palm River project area and the five (5) outside the project area. Required point pressures outside the project area will be provided by Collier County. r. With assistance from PUD staff, install level transducers in wet wells of the seven (7) CCWSD owned and maintained pump stations within the project area, to monitor water levels. Data will be used to calculate flow rates for a period of one week during the dry season and one week during the wet season, or as accepted by EPMD including pumping rates and inflows. A diurnal flow curve will also be generated using the collected wet well data. Task includes setting up and installing low pressure transducers in pump station wet wells, downloading data and provide graphical results to PUD. PUD staff will provide FOR access to pump station sites. This scope includes evaluating all seven (7) CCWSD owned and maintained pump stations within the Palm River project area, evaluating if pump station collection systems can be combined to eliminate pump stations(s), and will consider the flows from the one (1) pump stations within the project area and five (5) pump stations outside the project area which pump into the Palm River wastewater collection system. s. For the purpose of sizing the proposed wastewater improvements, considering demands and hydraulic performance, with assistance from PUD staff, install pressure data loggers on existing force main system along the project corridor and simultaneously with the wet well testing to establish existing pressure conditions. Pressure will be collected for one (1) week using acceptable pressure transducers that will be installed on air release valves or pump station pump outs. This Task includes setting up and installing pressure transducers on approximately ten (10) air release valves or pump station pump outs, downloading data and providing graphical results to PUD. t. Utilizing information gathered above, calibrate the wastewater model by comparing model results to field collected data. Adjust parameters representing the system until model -predicted performance reasonably agrees with measured system performance over a wide range of operating conditions. u. Based on data collected and the hydraulic model results, evaluate pump stations within the Palm River project area to determine what upgrades are necessary to accommodate the proposed new improvements and, if possible, if any wastewater pump stations can be eliminated from the system by either bypassing them or by installing additional gravity mains. v. Televising of the wastewater gravity collection system (mains only) will be utilized to determine the condition and material of the gravity sewer mains. The televising of the wastewater mains will include approximately 45,500 linear feet of gravity wastewater sewer mains; moderate cleaning of the wastewater gravity main collection system; disposal of dirt/sand/grit encountered during the cleaning of the wastewater gravity main collection system; and the viewing into approximately 590 gravity sewer laterals from the main. This proposal does not include the launching of a camera into the gravity sewer laterals. A wastewater gravity collection system report detailing t h e size, Page 3of19 OCNO material, and condition of the gravity sewer mains and gravity sewer laterals (at the main) will be prepared. The report shall include recommendations for improvements to the wastewater collectio n system. Additionally, if able to be located, cleanout location, condition, and surface features in the vicinity of the found cleanout will be noted. w. Analyze and assess existing conditions of wastewater mains, laterals, and structures and provide recommendations for replacement or rehab (ex. lining) if necessary. x. Propose the stormwater quality treatment concepts to be utilized. y. Propose the drainage and stormwater management concepts to be utilized and lay out (plan view only). Proposed concepts shall be discussed and agreed upon with Collier County prior incorporating them in the preliminary engineering report. z. Utilizing current LIDAR data, prepare a link/node model of the stormwater system for flow characteristics and level of service (modeling program to be determined), and water quality enhancement (Harvey Harper methodology) including the following: l . Existing Conditions Analysis Development: • Using LIDAR data and GIS processing to establish flow paths and sub -basin delineation. Utilize standard surveying methods to check key locations and/or where LIDAR does not produce sufficient definition and/or accuracy to reflect existing conditions. • The analysis will focus on the Palm River Project area but will consider stormwater systems outside the project area that flow into the Palm River stormwater system. • GIS processing to establish stage/storage relationships and other in -basin parameters that control runoff. • Perform the necessary research to identify all data needed to develop existing conditions analysis. • Definition of link/node network and compilation of structure data to be included in the analysis. • Initial analysis runs to troubleshoot and verify that it is numerically stable. • Analysis calibration/verification against known flood elevations, if available. • Model design storms with return frequencies of 5, 10, and 25 years and produce inundation maps in GIS. These will be used to define the predicted extent of flooding in the study area. From these analyses we will be able to state the depth of water over the flooded streets during the storm events and compare that to the County Level of Service criteria. 2. Proposed Conditions Analysis Development (scenarios). • Estimate nutrient removal: Use GIS processing to calculate pollutant load by land use type and sub -basin for the existing conditions analysis. • Evaluate nutrient removal for proposed conditions. • Present pre and post conditions flooding evaluation development and results, for scenario evaluations, and for water quality evaluation. Pre and post condition analysis will include a description of the expected benefits as a result of the proposed improvements compared to the existing conditions (for each scenario). • The stormwater hydraulic modeling analysis will include the entire Project area. The analysis outside the limits of the Project area assumes Collier County and/or the Big Page 4 of 19 CAO Cypress Basin/South Florida Water Management District will provide current hydraulic analysis data/reports of the receiving canal. • Present basis for pipe size, losses, and discharge rates. aa. Analyze and assess existing conditions of major stormwater structures/facilities (stormwater outfall pipes and major junction boxes) and provide recommendations for replacement or rehab (ex. lining) if necessary. This task includes an allowance for the televising of the stormwater outfall pipes and the major stormwater junction boxes within the project area. The costs associated with the televising of the stonnwater outfalls and major junction boxes will vary based on water levels at the time of televising, access, and cleaning required. Additionally, the number of outfall pipes and major junction boxes that will require televising is unknown at this time as outfall pipes and major stormwater junction boxes that require upsizing, as a result of the stormwater model, do not need to be televised. bb. Analyze existing sidewalk's conditions and propose new sidewalks within the Project area. cc. Gather and analyze pertinent information about the existing septic systems within the unsewered area of the Project and propose conversion of septic systems to Collier County wastewater collection system. Data gathered will include permitting and as -built data (if available) for the existing septic systems to determine the location of the septic systems and home connections to septic tank system. If the home connection to septic system cleanout is able to be located, GradyMinor will attempt to determine an invert elevation and with that data estimate the required depth of the sewer connection to the proposed County Gravity Sewer Main. If the inverts cannot be determined, GradyMinor will estimate conservative invert elevations based on experience on similar projects. Additionally, GradyMinor will provide the estimated assessment cost per property for the unsewered area of the Project area, a list of possible grants available to offset the assessment costs, and assist Collier County's Grant Coordinator to complete grant applications. The findings concerning the existing septic systems, assessment costs, and grants will be detailed in the Preliminary Engineering Report. dd. Develop a detailed Project Phasing Plan considering construction cost, available funding, construction impact, other projects proposed in the Project area, restoration, construction storage yards, access to/from the neighborhood, neighborhood associations, condition of existing infrastructure, and the project schedule. The phasing plan will consider all infrastructure improvements, including stormwater, for the purpose of determining phasing limits/divisions. ee. Review the required permits for the proposed improvements associated with the Project. ff. Provide recommendations for cost sharing (percent) between County Divisions for common tasks associated with the proposed improvements (design and construction). gg. Prepare Preliminary Engineering Report. The report shall consist of but not be limited to, the following sections, incorporating results of previous tasks herein: • Section 1 - Executive Summary • Section 2 — Introduction • Section 3 — Existing ROW and Easements • Section 4 - Existing Water Facilities Testing • Section 5 - Existing Wastewater Facilities Testing Page 5 of 19 0 • Section 6 - Review of Existing Water, Wastewater, Irrigation Quality Water, and Stormwater (outfalls and major junction boxes) Infrastructures • Section 7 - Water Hydraulic Model Results • Section 8 - Wastewater and Irrigation Quality Water Hydraulic Model Results • Section 9 — Stormwater Management Hydraulic and Hydrologic Modeling Results and Proposed Stormwater Facilities Plan (this section will include the profiles of the hydraulic grade lines from the modeling of proposed conditions) • Section 10 — Unsewered Assessment • Section 11 - Proposed sidewalks • Section 12 - Project Phasing Plan • Section 13 — Project Permitting • Section 14 - Preliminary Cost Estimate • Section 15 - Summary and Recommendations hh. GradyMinor will submit draft copies of the Preliminary Engineering Report to PUD staff for review. ii. GradyMinor will organize and conduct a meeting with PUD and GMD staff to discuss the Preliminary Engineering Report. Revise Report as required to reflect comments. GradyMinor will submit final report and electronic files containing the final report in PDF format. TASK 1B —Surveying Services Surveying services for this task include the following: a. Utilize Sunshine State One -Call System to determine the existing utilities within the Project area. b. Field collect soft dig data via GPS equipment. c. Perform miscellaneous field surveying as needed for the Preliminary Engineering Report and Preliminary Design drawings. (Project bench runs, boundary, or topographic surveying services are not proposed with this task). d. Survey beyond (outside) the road ROW limits and/or drainage easements when conditions dictate and as directed by County Staff. TASK 1C - Geotechnical Investigation a. Perform soil borings within project area where new gravity sanitary sewer mains are proposed, where new deep stormwater pipes are proposed, and where directional drilling of pressurized mains are proposed. b. Perform eight (8) Standard penetration tests (SPT) borings advanced to a depth of twenty (20) Page 6 of 19 feet; two (2) to a depth of thirty (30) feet; and twenty-five (25) to a depth of approximately 2 feet (to the bottom of the road base). Borings will be backfilled with neat cement and then plugged with asphaltic concrete if in the street. c. Representative samples obtained during the SPT borings will be examined to obtain accurate descriptions of the existing strata. Laboratory testing will be performed on selected samples as deemed necessary to aid in soil classification and to further define the engineering properties ofthe encountered materials. The soil descriptions will be based on the visual classifications procedures in general accordance to the AASHTO Soil Classification System (AASHTO M-145) and standard practice. d. Prepare a complete geotechnical investigation report detailing soil conditions, water table elevations, soil classifications, rock elevation, roadway cross section, and other items that will affect the construction. Report shall also include recommendation from geotechnical engineer on bedding material, subsurface conditions and any other items that pertain to the construction project. e. GradyMinor will submit two (2) signed and sealed reports to PUD and GMD Staff. TASK 1D - Soft Dig Investigation a. Perform 120 hours of ground penetrating radar (GPR) to determine the horizontal location of the existing utilities within the project area. b. Meet with PUD staff to review the proposed soft dig locations and once agreed upon, provide an exhibit depicting the soft dig locations. c. Meet with PUD Staff on -site to review procedures to complete the soft dig investigations. d. Perform forty (40) soft digs on existing utilities within non -paved regions of the project area to determine, if possible, the horizontal and vertical location of existing utility pipe, type of utility pipe, size of utility pipe, utility pipe material and condition of existing pipe material. Sunshine One Call will be contacted for utility locates for the soft digs. Soft dig investigations shall be performed using an air/vacuum system that will keep the disturbance to a minimum and shall not damage any existing facilities. e. Field mark all existing utilities found either by wooden lathes or by marking on the pavement (nail & paint). f. All excavation holes in non -paved regions will be restored to a condition as equal to or better than the original condition. g. GradyMinor will provide one (1) full size, one (1) half size plan and AutoCad file (dwg format) of the soft dig investigation in the project area to PUD and GMD Staff. Task 1E— Preliminary Design This task includes creating preliminary engineering drawings (plan view only) of the proposed water, Page 7 of 19 0 wastewater, irrigation quality, stormwater, sidewalk, and IT (fiber conduit) improvements for the Palm River Public Utilities Improvement Project. The preliminary engineering drawings will be based upon Tasks 1 through 4 above. As part of this task GradyMinor wi l l: a. Create preliminary engineering drawings of the proposed improvements (plan view only) based on the approved Preliminary Engineering Report (Task 1) with a current aerial background; existing conditions (based on limited survey from Task 2 and site inspections); existing utilities (based on GIS and record drawing data and preliminary engineering work and input from Collier County staff); and the geotechnical and soft dig data (Tasks 3 and 4 respectfully). b. Coordinate preliminary engineering with Public and Private Utility through the Sunshine 8 1 1 system. c. Submit electronic copies of the draft engineering drawings to Collier County (with hard copies if desired) for review. d. Conduct a preliminary engineering drawing review meeting to discuss the plans and receive Collier County comments. e. Update the preliminary engineering drawings based on comments/input received from Collier County and Public and Private Utilities. f. Submit electronic copies of the updated preliminary engineering drawings to Collier County (with hard copies if desired). Task 2 — FINAL DESIGN, PERMITTING, & BIDDING a. Linear Utility Improvements Design, Permitting, & Bidding: This task includes performing the infrastructure identification, design, permitting, bidding, project management, public relations, project coordination and meetings for the proposed potable water, wastewater, irrigation quality water, stormwater management infrastructure, sidewalk, and IT (fiber conduit) systems improvements within the Palm River Public Utilities Improvement Project area, a linear distance of approximately 9 miles. The services for the improvements will be phased per the agreed upon Project Phasing Plan in Task 1 above. Each phase will include separate infrastructure identification, design, permitting, bidding, project management, public relations, project coordination and meetings and will result in standalone Contract Documents complete with drawings (plan and profile) and specification. Additionally included is this task is the design of cured -in -place pipe liners, per the latest version of ASTM F1216, ASTM F2019 and/or other applicable standards, if it is decided that portions of the existing sanitary sewer system shall be rehabbed by cured -in -place liners and the design of in -situ refurbishment of existing major stormwater system components (large concrete pipes and large concrete structures). Linear Utility Improvements Infrastructure Identification: Infrastructure Identification will include an Engineering Survey within the limits of the Palm River Public Utilities Improvement Project, a distance of approximately 9 miles, performed separately for each phase Page 8 of 19 a of the Project. The Engineering Surveys will generally include the following: • Identify Right -of -Way (ROW) limits and extending 10 feet beyond the ROW line, if required; platted property corners, edge of pavement, driveways (size and material of construction), sidewalks, fences, vegetation, significant improvements in the ROW, culverts, storm structures, and storm outfalls (with size, material and invert depths), sanitary sewer structures (invert depths), visible above ground utility features (including flow meters and backflow assemblies), and topographic data. • Set survey control and benchmarks to be utilized during the construction of the improvements. • The vertical datum shall be determined by the County prior to beginning this task. • Perform a project walk through to ensure all existing conditions are accurately depicted in the survey • Complete property assessments for every property within the project limits. Linear Utility Improvements Design: The design for each phase of the Project will result in the preparation of engineering drawings and technical specifications, which will be submitted to the County for review at 60, 90, and 100 percent completion levels. The 60 percent submittal will generally include: drawings (plan and profile view) with survey and topographic information, existing utility locations, the proposed improvements, applicable details, draft technical specifications and an opinion of probable construction costs. The 90 percent submittal will generally include: updated engineering drawings and technical specifications incorporating the comments received for the County on the 60 percent submittal and an updated opinion of costs. The 100 percent submittal will generally include: final updated engineering drawings and technical specifications incorporating the comments received for the County on the 90 percent submittal and an updated opinion of costs. Review meetings shall be held with the County following submittal at each completion stage for each phase. During the linear design phase of services, GradyMinor will: • Perform the Quality Control/Quality Assurance prior to submission of each design submittal (60, 90 and 100 percent) including a review of design documents (drawings and specifications), technical calculations, constructability; conformance with engineering standards; conflicts with existing and/or proposed facilities and related factors. • Provide public relation services as requested by County's PM. These may include additional meetings with the County, presentation document preparation (narratives and exhibits), graphic support, meetings with residents, key stakeholders, neighborhood associations, County Utility Staff, County Stormwater Staff, etc. • Monitoring of project design phone line (provided by Collier County). • Keep the County informed on the project progress. • Attend and assist County staff with progress meetings. • Provide progress updates and status of all phases of the project that are being executed at the time of the meeting. • Prepare and distribute progress meeting agendas within three days of the meeting. • Take and distribute meeting minutes within three days of the meeting. • Incorporate County direction/decisions made at the meeting into the Contract Documents as applicable. Page 9 of 19 Linear Soft DijZ Investigation • Perform 240 hours of ground penetrating radar (GPR) to determine the horizontal location of the existing utilities within the project area. • Meet with PUD staff to review the proposed soft dig locations and once agreed upon, provide an exhibit depicting the soft dig locations. • Meet with PUD Staff on -site to review procedures to complete the soft dig investigations. • Perform eighty (80) soft digs on existing utilities within non -paved regions of the project area to determine, if possible, the horizontal and vertical location of existing utility pipe, type of utility pipe, size of utility pipe, utility pipe material and condition of existing pipe material. Sunshine One Call will be contacted for utility locates for the soft digs. Soft dig investigations shall be performed using an air/vacuum system that will keep the disturbance to a minimum and shall not damage any existing facilities. • Field mark all existing utilities found either by wooden lathes or by marking on the pavement (nail & paint). • All excavation holes in non -paved regions will be restored to a condition as equal to or better than the original condition. Linear Utility Improvements Permitting: As part of this Task, GradyMinor will prepare the required permitting application packages, submit the application packages, and respond to agency request for additional infornlation for the Palm River Public Utilities Improvement Project. It is anticipated that the permit application packages will be submitted to the appropriate agencies at the 90 percent design phase of the Project, as applicable. The following permits are anticipated to be required for the Project: • Florida Department of Environmental Protection (FDEP) drinking water and wastewater permits, submitted for each phase of the Project separately; • A Master Individual Dewatering Permit (per 40E-C F.A.C.) from the South Florida Water Management District (SFWMD) for the entire Project; • Minor modification permit and dewatering letter modification from the SFWMD for each phase of the Project separately; • A Collier County ROW permit for each phase of the Project separately; Collier County permitting fees will be paid for by Collier County. Non -Collier County Permitting fees will be paid for by GradyMinor and reimbursed by Collier County. Linear Utility Improvements Bidding; Upon authorization, GradyMinor shall perform the following Bidding related services for each phase of the proposed linear improvements: • Provide the County an electronic copy of the bid documents to include a bid form, drawings, and technical specifications in PDF format for incorporation with the County's bidding and contract documents for bidding purposes for each phase of the Project. • Attend a Pre -Bid Meeting. Page 10 of 19 CrAo • Respond to questions and prepare addenda as required to interpret, clarify or expand the bidding documents. • Consult with and advise the County as to the acceptability of subcontractors and other persons and organizations proposed by the prime contractor (Contractor). • Consult with and advise the County as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the bidding documents. • Evaluate bids and make recommendation of the award for each phase of the Project. • Following award of each phase of the Project, prepare a set of conformed documents incorporating changes made during bidding through addenda and contract documents executed by the County and Contractor. b.' Wastewater Pump Station Refurbishment Design, Permitting, and Bidding: This task includes performing the infrastructure identification, design, permitting, bidding, project management, public relations, project coordination and meetings for the refurbishment of seven (7) Collier County owned and maintain Pump Stations (PS) within the Palm River Public Utilities Improvement Project area. The services for the improvements will be phased per the agreed upon Project Phasing Plan in Task I above. Each phase will include separate infrastructure identification, design, permitting, bidding, project management, public relations, project coordination and meetings and will result in standalone Contract Documents complete with drawings (plan and profile) and specification. Wastewater Pump Station Refurbishment Infrastructure Identification: Infrastructure Identification will include an Engineering Survey (a total of 7) perfonmed separately for each PS refurbished of the Project. The Engineering Surveys will generally include the following: • Field data collection will include confirming the location of wetwell, valve vault size depth and layout of lift station, piping, control panels, adjacent roadways and medians adjacent collection and force main piping, electrical, immediate upstream gravity sewer manhole, topography, and other associated data needed to complete design. • Set survey control and benchmarks to be utilized during the construction of the improvements. • The vertical datum shall be determined by the County prior to beginning this task. • Confirm if a utility easement and access easement exists for each PS and if necessary, create a utility easement (legal description and sketch) for each PS; Wastewater Pump Station Refurbishment Design: The designs will be standalone Contract Documents for each PS, complete with drawings and specification and will be performed in accordance with Collier County's current Water -Sewer District Utilities Standards Manual including: • Design the refurbishment of each PS. • Electrical, monitoring, and automation (per Collier County Standards); • Mechanical piping (per Collier County Standards); • Site design including site access improvements (per Collier County Standards); • Landscape Architectural renderings of the proposed improvements to depict the refurbished PS Page 11 of 19 0 site from four sides to provide a visual of what the site will look like from the vantage point of the adjacent property owners. • Landscape Architecture and irrigation design (per Collier County Standards). The design for PS refurbishments will result in preparation of engineering drawings and technical specifications, which will be submitted to the County for review at 60, 90, and 100 percent completion levels. The 60 percent submittal will generally include: drawings (plan view) with survey and topographic information, existing utility locations, the proposed improvements, applicable details, draft of technical specifications and an opinion of probable construction costs. The 90 percent submittal will generally include: updated engineering drawings (plan and profile) and technical specifications incorporating the comments received for the County on the 60 percent submittal and an updated opinion of costs. The 100 percent submittal will generally include: final updated engineering drawings and technical specifications incorporating the comments received for the County on the 90 percent submittal and an updated opinion of costs. Review meetings shall be held with the County following submittal at each completion stage for each phase. During the design phase of services, GradyMinor will: • Perform the Quality Control/Quality Assurance prior to submission of each design submittal (60, 90 and 100 percent) including a review of design documents (drawings and specifications), technical calculations, constructability; conformance with engineering standards; conflicts with existing and/or proposed facilities and related factors. • Provide public relation services as requested by County's PM. These may include additional meetings with the County, presentation document preparation (narratives and exhibits), graphic support, meetings with residents, key stakeholders, neighborhood associations, County Utility Staff, etc. • Monitoring of project design phone line (provided by Collier County). • Keep the County informed on the project progress. • Attend and assist County staff with progress meetings. • Provide progress updates and status of all phases of the project that are being executed at the time of the meeting. • Prepare and distribute progress meeting agendas within three days of the meeting. • Take and distribute meeting minutes within three days of the meeting. • Incorporate County direction/decisions made at the meeting into the Contract Documents as applicable. Wastewater Pump Station Refurbishment Permitting_: As part of this Task, GradyMinor will prepare the required permitting application packages, submit the application packages, and respond to agency request for additional information for the refurbishment of seven (7) Collier County owned and maintain PS within the Palm River Public Utilities Improvement Project area. Separate permit application packages will be submitted f o r each PS to be refurbished. For each refurbished PS the following permits are anticipated: • Collier County Insubstantial Change to a Site Improvement Plan; • A Collier County ROW permit. Page 12 of 19 The applicable application packages will be submitted to the permitting agencies along with the required support documentation (plans and specifications). If necessary, a pre -application meeting will be held with Collier County ROW and Building Departments. Collier County permitting fees will be paid for by Collier County. Non -Collier County Permitting fees will be paid for by GradyMinor and reimbursed by Collier County. Wastewater Pump Station Refurbishment Bidding Upon authorization, GradyMinor shall perform the following Bidding related services for each PS refurbishment (a total of 7): • Provide the County an electronic copy of the bid documents to include a bid form, drawings, and technical specifications in PDF format for incorporation with the County's bidding and contract documents for bidding purposes for each phase of the Project. • Attend a Pre -Bid Meeting. • Respond to questions and prepare addenda as required to interpret, clarify or expand the bidding documents. • Consult with and advise the County as to the acceptability of subcontractors and other persons and organizations proposed by the prime contractor (Contractor). • Consult with and advise the County as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the bidding documents. • Evaluate bids and make recommendation of the award for each phase of the Project. • Following award of each phase of the Project, prepare a set of conformed documents incorporating changes made during bidding through addenda and contract documents executed by the County and Contractor. c. New Wastewater Pump Station Design, Permitting, and Bidding: This task includes performing the infrastructure identification, design, permitting, bidding, project management, public relations, project coordination and meetings for two (2) new Collier County owned and maintain Pump Stations (PS) within the Palm River Public Utilities Improvement Project area. The services for the improvements will be phased per the agreed upon Project Phasing Plan in Task 1 above. Each phase will include separate infrastructure identification, design, permitting, bidding, project management, public relations, project coordination and meetings and will result in standalone Contract Documents complete with drawings (plan and profile) and specification. New Wastewater Pump Station Infrastructure Identification: Infrastructure Identification will include an Engineering Survey (a total of 2) performed separately for each PS new of the Project. The Engineering Surveys will generally include the following: • GradyMinor will conduct an Engineering Survey of the proposed PS sites in order to gather data pertinent to design and construction. • Field data collection may include defining location of manholes, adjacent roadways and medians, adjacent utility piping, electrical, trees, topography, and other associated data needed to complete design. Page 13 of 19 • Perform necessary field work to pin property corners and establish property lines. • Confirm if a utility easement and access easement exists for each PS site and if necessary, create a utility easement (legal description and sketch) for each PS site (2 total). • Prepare boundary survey including metes and bounds legal description utilizing field information, record data and aerial photography for each site (2 total), as applicable. • Set survey control and benchmarks to be utilized during the construction of the improvements. • The vertical datum shall be determined by the County prior to beginning this task. New Wastewater Pump Station Design: The designs will be standalone Contract Documents for each new PS (2 total), complete with drawings and specification and will be performed in accordance with Collier County's current Water - Sewer District Utilities Standards Manual including: • Design the new PS. • Electrical, monitoring, and automation (per Collier County Standards); • Mechanical piping (per Collier County Standards); • Site design including site access improvements (per Collier County Standards); • Landscape Architectural renderings of the proposed improvements to depict the proposed PS site from four sides to provide a visual of what the site will look like from the vantage point of the adjacent property owners. • Landscape Architecture and irrigation design (per Collier County Standards). The design for new PSs will result in preparation of engineering drawings and technical specifications, which will be submitted to the County for review at 60, 90, and 100 percent completion levels. The 60 percent submittal will generally include: drawings (plan view) with survey and topographic information, existing utility locations, the proposed improvements, applicable details, draft of technical specifications and an opinion of probable construction costs. The 90 percent submittal will generally include: updated engineering drawings (plan and profile) and technical specifications incorporating the comments received for the County on the 60 percent submittal and an updated opinion of costs. The 100 percent submittal will generally include: final updated engineering drawings and technical specifications incorporating the comments received for the County on the 90 percent submittal and an updated opinion of costs. Review meetings shall be held with the County following submittal at each completion stage for each phase. During the design phase of services, GradyMinor will: • Perform the Quality ControUQuality Assurance prior to submission of each design submittal (60, 90 and 100 percent) including a review of design documents (drawings and specifications), technical calculations, constructability; conformance with engineering standards; conflicts with existing and/or proposed facilities and related factors. • Provide public relation services as requested by County's PM. These may include additional meetings with the County, presentation document preparation (narratives and exhibits), graphic support, meetings with residents, key stakeholders, neighborhood associations, County Utility Staff, etc. • Monitoring of project design phone line (provided by Collier County). • Keep the County informed on the project progress. Page 14 of 19 CA O • Attend and assist County staff with progress meetings. • Provide progress updates and status of all phases of the project that are being executed at the time of the meeting. • Prepare and distribute progress meeting agendas within three days of the meeting. • Take and distribute meeting minutes within three days of the meeting. • Incorporate County direction/decisions made at the meeting into the Contract Documents as applicable. New Wastewater Pump Station Permitting As part of this Task, GradyMinor will prepare the required permitting application packages, submit the application packages, and respond to agency request for additional information for the new Collier County owned and maintain PSs (2 total) within the Palm River Public Utilities Improvement Project area. Separate permit application packages will be submitted for each new PS. For each new PS the following permits are anticipated: • Collier County Insubstantial Change to a Site Improvement Plan; • A Collier County ROW permit. • A Florida Department of Environmental Protection (FDEP) Wastewater permit. The applicable application packages will be submitted to the permitting agencies along with the required support documentation (plans and specifications). If necessary, a pre -application meeting will be held with Collier County ROW and Building Departments. Collier County permitting fees will be paid for by Collier County. Non -Collier County Permitting fees will be paid for by GradyMinor and reimbursed by Collier County. New Wastewater Pump Station Bidding: Upon authorization, GradyMinor shall perform the following Bidding related services for each new PS (2 total): • Provide the County an electronic copy of the bid documents to include a bid form, drawings, and technical specifications in PDF format for incorporation with the County's bidding and contract documents for bidding purposes for each phase of the Project. • Attend a Pre -Bid Meeting. • Respond to questions and prepare addenda as required to interpret, clarify or expand the bidding documents. • Consult with and advise the County as to the acceptability of subcontractors and other persons and organizations proposed by the prime contractor (Contractor). • Consult with and advise the County as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the bidding documents. • Evaluate bids and make recommendation of the award for each phase of the Project. • Following award of each phase of the Project, prepare a set of conformed documents incorporating changes made during bidding through addenda and contract documents executed by the County and Contractor. Page 15 of 19 0_80 Task 3- CONSTRUCITON ADMINISTRATION a. Linear Utility Improvements Construction Administration: This task includes performing construction administration for the proposed potable water, wastewater, irrigation quality water, stormwater management infrastructure, sidewalk, and IT (fiber conduit) systems improvements within the Palm River Public Utilities Improvement Project area, a linear distance of approximately 9 miles. The services for the improvements will be phased per the agreed upon Project Phasing Plan in Task 1 above. Linear Utility Improvements Construction Administration: Upon authorization, GradyMinor shall perform the following Construction Administration related services for each phase of the proposed linear improvements: • Assist the County as requested between the receipt of Bids and the Construction Contract Notice to Proceed. • Attend a pre -construction meeting with the County and the Contractor. • Attend a pre -construction neighborhood informational meeting. • Attend site meetings with property owners, as required. • Coordination with the County and CEI consultant and maintain open communication with CEI Consultant. • Review Contractor submitted Submittals. • Construction Meetings: Prepare the meeting agendas, run the meetings, and prepare and distribute the meeting minutes. Total of 25 meetings. • Review and approve Contractor Pay Requests, including coordination with the CEI and County PM to verify the quantities for each pay request. • Provide periodic observations during construction and at critical times, to certify the project complete. • Provide clarification of plans and construction documents or make minor changes due to field conditions. • Provide assistance to resolve unforeseen conflicts. • Respond to requests for additional information from the Contractor (RFIs) and requests for clarifications from the CEI consultant (RFCs). • Prepare and distribute construction contract Change Orders. • Review CEI reports and provide support as necessary. • Provide FDEP Completion Certifications, estimated seven partial clearances required (six for water and one for wastewater) for each phase of the Project. • Prepare Record Drawings b a s e d on County/CEI m ark -ups, Contractor's mark-ups and Record Survey. • Conduct Substantial Completion (Functionally Complete) Inspections and review punch list items and make changes or additions as necessary. • Conduct Final Completion Inspections. • Prepare and distribute Final Completion Certification. • Provide Construction close-out documents. Page 16 of 19 0010 • Collection of all required asset information in accordance with Collier County's Asset Onboarding policy. This includes the completion of the linear asset tables (in excel format) which will be provided to the County's GIS Department to be entered into the County's GIS system (by Collier County). • Provide public relation services as requested by County's PM. These may include additional meetings with the County and CEI consultant; presentation document preparation (narratives and exhibits); graphic support, meetings with residents and key stakeholders, County Utility Staff, County Stormwater Staff, etc. • Provide progress updates and status during the project as requested. • Incorporate County direction/decisions made into the Contract Documents as applicable. • Coordination with buried utility owners and field coordination associated with the restoration of driveways, irrigation systems and swales. • Contract the services of a Florida ISA Certified Arborist to review the condition and health of tress at and just outside of the ROW. This proposal includes five (5) site visits by an Arborist, approximately four (4) hours per site visit, for each phase of the Project. Each site visit will include a written recommendation concerning the trees reviewed. We have not included any resident or full time inspection, special threshold inspection, testing or surveying in this task. County Inspection/CEI shall provide us with written inspection reports and photographs on a daily basis. b. Wastewater Pump Station Refurbishment Construction Administration: This task includes performing construction administration for the refurbishment of seven (7) Collier County owned and maintain Pump Stations (PS) within the Palm River Public Utilities Improvement Project area. The services for the improvements will be phased per the agreed upon Project Phasing Plan in Task 1 above. Wastewater Pump Station Refurbishment Construction Administration: Upon authorization, GradyMinor shall perform the following Construction Administration related services for each PS refurbishment (a total of 7): • Assist the County as requested between the receipt of Bids and the Construction Contract Notice to Proceed. • Attend a pre -construction meeting with the County and the Contractor. • Attend site meetings with property owners, as required. • Coordination with the County and CEI consultant and maintain open communication with CEI Consultant. • Review Contractor submitted Submittals. • Construction Meetings: Prepare the meeting agendas, run the meetings, and prepare and distribute the meeting minutes. Total of 5 meetings. • Review and approve Contractor Pay Requests, including coordination with the CEI and County PM to verify the quantities for each pay request. • Provide periodic observations during construction and at critical times, to certify the project complete. • Provide clarification of plans and construction documents or make minor changes due to Page 17 of 19 iz;�o field conditions. • Provide assistance to resolve unforeseen conflicts. • Respond to requests for additional information from the Contractor (RFIs) and requests for clarifications from the CEI consultant (RFCs). • Prepare and distribute construction contract Change Orders. • Review CEI reports and provide support as necessary. • Prepare Record Drawings based on County/CEI mark-ups, Contractor's mark-ups and Record Survey. • Conduct Substantial Completion (Functionally Complete) Inspections and review punch list items and make changes or additions as necessary. • Conduct Final Completion Inspections. • Prepare and distribute Final Completion Certification. • Assist the County with PS startup. • Provide Construction close-out documents. • Collection of all required asset information in accordance with Collier County's Asset Onboarding policy (in excel format) which will be provided to the County's GIS Department to be entered into the County's GIS system (by Collier County). • Provide public relation services as requested by County's PM. These may include additional meetings with the County and CEI consultant; presentation document preparation (narratives and exhibits); graphic support, meetings with residents and key stakeholders, County Utility Staff, County Stormwater Staff, etc. • Provide progress updates and status during the project as requested. • Incorporate County direction/decisions made into the Contract Documents as applicable. • Coordination with buried utility owners and field coordination associated with the restoration of driveways, irrigation systems and swales. We have not included any resident or full time inspection, special threshold inspection, testing or surveying in this task. County Inspection/CEI shall provide us with written inspection reports and photographs on a daily basis. c. New Wastewater Pump Station Construction Administration: This task includes performing construction administration for two (2) new Collier County owned and maintain Pump Stations (PS) within the Palm River Public Utilities Improvement Project area. The services for the improvements will be phased per the agreed upon Project Phasing Plan in Task 1 above. New Wastewater Pump Station Construction Administration: Upon authorization, GradyMinor shall perform the following Construction Administration related services for each new PS (2 total): • Assist the County as requested between the receipt of Bids and the Construction Contract Notice to Proceed. • Attend a pre -construction meeting with the County and the Contractor. • Attend site meetings with property owners, as required. • Coordination with the County and CEI consultant and maintain open communication with Page 18 of 19 0 CEI Consultant. • Review Contractor submitted Submittals. • Construction Meetings: Prepare the meeting agendas, run the meetings, and prepare and distribute the meeting minutes. Total of 5 meetings. • Review and approve Contractor Pay Requests, including coordination with the CEI and County PM to verify the quantities for each pay request. • Provide periodic observations during construction and at critical times, to certify the project complete. • Provide clarification of plans and construction documents or make minor changes due to field conditions. • Provide assistance to resolve unforeseen conflicts. • Respond to requests for additional information from the Contractor (RFIs) and requests for clarifications from the CEI consultant (RFCs). • Prepare and distribute construction contract Change Orders. • Review CEI reports and provide support as necessary. • Prepare Record Drawings based on County/CEI mark-ups, Contractor's mark-ups and Record Survey. • Conduct Substantial Completion (Functionally Complete) Inspections and review punch list items and make changes or additions as necessary. • Conduct Final Completion Inspections. • Prepare and distribute Final Completion Certification. • Assist the County with PS startup. • Provide Construction close-out documents. • Collection of all required asset information in accordance with Collier County's Asset Onboarding policy (in excel format) which will be provided to the County's GIS Department to be entered into the County's GIS system (by Collier County). • Provide public relation services as requested by County's PM. These may include additional meetings with the County and CEI consultant; presentation document preparation (narratives and exhibits); graphic support, meetings with residents and key stakeholders, County Utility Staff, County Stormwater Staff, etc. • Provide progress updates and status during the project as requested. • Incorporate County direction/decisions made into the Contract Documents as applicable. • Coordination with buried utility owners and field coordination associated with the restoration of driveways, irrigation systems and swales. We have not included any resident or full-time inspection, special threshold inspection, testing or surveying in this task. County Inspection/CEI shall provide us with written inspection reports and photographs on a daily basis Page 19 of 19 0010 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not -To - Exceed 1A Preliminary Engineering Report/Hydraulic Analsis $529,244.00 $ 1B Surveying Services $ $36,910.00 1C GeotechnicalInvestigations $ $34,663.00 1 D Soft Dig Investigations $ $ 82,525.50 1 E Preliminary Design $ $ 59,200.00 1 F Reimbursable Expenses $ $1,000,00 2 Final, Design, Permitting & Bidding $ $3,732,468.45 3 Construction Administration $ $3,245,516.65 Total Lump Sum Fee $529,244.00 $ Total Time and Materials Fee $ $7,192,283.60 GRAND TOTAL FEE 7,721,527.60 Page 19 of 32 PS Single Project Agreement 2017.010 Ver.2 B.2.2.❑* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ❑■ * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA Single Project Agreement 2017.010 Ver.2 0 B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. 6.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA Single Project Agreement 2017.010 Ver.2 P B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. Page 22 of 32 PSA Single Project Agreement 2017.010 Ver.2 9 SCHEDULE B - ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title I Hourly Rate Principal $210.00 Senior Project Manager $185.00 Project Manager $160.00 Senior Engineer $175.00 Engineer $135.00 Senior Inspector $110.00 Inspector $90.00 Senior Planner $155.00 Planner $120.00 Senior Designer $125.00 Designer $100.00 Environmental Specialist $120.00 Senior Environmental Specialist $145.00 Scientist/Geologist $110.00 Senior Scientist/Geologist $145.00 Marine Biologist /H dro eolo ist $120.00 Senior Marine Biolo ist/H dro eolo ist $150.00 Senior GIS Specialist $145.00 GIS Specialist $105.00 Clerical/Administrative $70.00 Senior Technician $100.00 Technician $80.00 Surveyor and Mapper $140.00 CADD Technician $90.00 Survey Crew - 2 man $145.00 Survey Crew - 3 man $170.00 Survey Crew - 4 man $195.00 SUE Crew - 3 man $290.00 Senior Architect $165.00 Architect $130.00 Senior Landscape Architect $165.00 Landscape Architect $130.00 Intern $65.00 PIO $95.00 Senior PIO $125.00 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. ❑ *GFant Funded: The above Page 23 of 33 PSA Single Project Agreement 2017.010 Vert SCHEDULE PROJECT MILESTONE SCHEDULE Task/Item Description Cumulative Number of Calendar Days For Completion from Date of Notice to Proceed for Services under this Agreement 1A Preliminary Engineering Report/Hydraulic Analysis 180 1 B Surveying Services 180 1 C Geotechnical Investigations 180 1 D Soft Dig Investigations 180 1 E Preliminary Design 240 IF Reimbursable Expenses 240 2 Final Design, Permitting, and Bidding 3650 3 Construction Administration 3650 Page 24 of 32 PSA Single Project Agreement 2017.010 Ver.2 SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 of 32 PS Single Project Agreement 2017.010 Ver.2 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? ❑O Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ❑E No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ❑ No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? ❑■ Yes ❑ No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA Single Project Agreement 2017.010 Vert Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes FE-1 No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes ❑E No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? ■❑ Yes ❑ No Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. Page 27 of 32 PSA Single Project Agreement 2017.010 Ver.2 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes 0 No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑ Yes 0 No Cyber Insurance: Coverage shall have minimum limits of $ 20. UMBRELLA LIABILITY. Per Occurrence. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? ❑■ Yes ❑ No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 2,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PS Single Project Agreement 2017.010 Ver.2 of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PS Single Project Agreement 2017.010 Ver.2 ❑ This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Statutes, Q. Grady Minor & Associates P.A. hereby certifies that wages, rates and other factual unit costs supporti services of the CONSULTANT to be provided under the Profes 1ol concerning " Palm River Utility Improvements is accurate, complete and current as of the time of contracting. .33 TITLE: P DATE: Page 30 of 32 ction 287.055, Florida company's name) compensation for the Services Agreement, "project a45 `Z0Zo PSA Single Project Agreement 2017.010 Vec2 SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time Justin Frederiksen Senior Engineer 25 Alex Dunko Project Manager 50 Sally Goldman Engineer 50 Rick Featherstone Senior Inspector 15 Robb Brownson Senior Inspector 10 Marc Miller Inspector 10 Dawn Suzor Senior Designer 25 Rick Korneff Senior Designer 15 Javier Martinez Clerical Admin 15 Katie Lane Clerical Admin 10 Donald Saintenoy Professional Surveyor 5 Tim DeVires Professional Surveyor 5 Andrew Croak Senior Technician 10 Amanda Holmer Senior Technician 10 Page 31 of 32 PSA Single Project Agreement 2017.010 Ver.2 Other: SCHEDULE G (Description) ❑ following this page (pages through ) ❑l this schedule is not applicable Page 32 of 32 PS Single Project Agreement 2017.010 Ver.2 `r 1 OGRADYM-01 D2CRUSHING . 111% O CERTIFICATE OF LIABILITY INSURANCE �� DATE D/YYYY) 5/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # L077730 C MTACT Nancy McCarrick PHONE FAX (,vC, No, Ext): (239) 280-3614 (A/C, No):(239) 261-2803 AssuredPartners of Florida, Naples 8950 Fontana Del Sol Way Suite 300 Naples, FL 34109 ADoRIE , nancy.mccarrick@assuredpartners.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Trust Insurance Company 20141 INSURED INSURER B : FCCI Insurance Company 10178 INSURER C : Maxum Indemnity Company 26743 Q Grady Minor & Associates PA INSURER D : 3800 Via Del Rey Bonita Springs, FL 34134 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 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 NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X GL100041417 4/5/2020 4/5/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO a NToccace PREMISES 100,000 $ MED EXP (Any oneperson) _ $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMITAPPLIESPER : POLICY JERK LOC GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)X $ 1,000,000 BODILY INJURY Perperson) $ ANY AUTO X CA100012461 4/5/2020 4/5/2021 OWNED SCHEDULED AUTOEOS ONLY AUTOS BODILYBO�DILY INJURY Per accident $ X PPeOraCCldentDAMAGE _ $ AUTO ONLY X AUOTO1 EDY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE UMB100024445 4/5/2020 4/5/2021 DED X I RETENTION$ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 57813 4/5/2020 4/5/2021 X PER OTH- TA T R E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Cyber Liability CE20MPLOBQSZ1NC 4/5/2020 4/5/2021 2,000,000 C Prof/Tech E&O CE20MPLOBQSZlNC 4/5/2020 4/5/2021 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract 19-7593 Palm River Improvements Collier County Board of County Commissioners is included as Additional Insured for General Liability on a primary and noncontributory basis including both ongoing and completed operations as required by written contract per form CGL 084 (10 13). Collier County Board of County Commissioners is included as Additional Insured for Auto Liability on a primary and noncontributory as required by written contract per forms CAU 001 10 04 and CAU 082 01 15. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E Naples, FL 34112 AUTHORIZED REPRESENTATIVE M ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. Insured Copy POLICY NUMBER: GL100041417-01 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM bk,NtUULt Ur I IUNAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. Insured Cow 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A. 1.., 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. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy 1. Give us written notice of an `occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit' that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. Insured Coov POLICY NUMBER: CA100012461-03 COMMERCIAL AUTO CAU 001 (10-04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II.A.1. Who Is An Insured is amended to add paragraph d. d. Any person or organization designated in the schedule below but only to the extent of the negligent acts or omissions of an "insured" under paragraph a. or b. of Section II.A.1 which cause liability to be imposed on such person or organization without fault on the part of such person or organization, during work performed by you or for you for the person or organization designated below. SCHEDULE Person or Organization COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CAU 001 (10-04) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 12 of 15 Insured Copy