#19-7633 (Stantec Consulting Services, Inc.)PROFESSIONAL SERVICES AGREEMENT
Contract # 19-7633
for
SCRWTP Reactor Tank Number 4-CEI Services
THIS AGREEMENT is made and entered into this -day of , 20 20 by
and between the Board of County Commissioners for Collier County, FI da, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Stantec Consulting Services Inc. authorized
to do business in the State of Florida, whose business address is
5801 Pelican Bay Boulevard, Suite 300, Naples, FL 34108 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR")
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning SCRWTP Reactor Tank Number 4-CEI Services
(hereinafter referred to as the "Project"), said services in accordance with the provisions of Section
287.055, Florida Statutes 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,
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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 Marc Lean, PE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time 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:
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Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and 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
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CONSULTANT for services and/or items necessary to correct the deficiencies directly related to
the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) 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:
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2.2. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.3. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY when such revisions are required by changes
in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably
anticipated prior to the preparation of such studies, reports or documents, or are due to any other
causes beyond CONSULTANT's control and fault.
2.4. Providing renderings or models for the COUNTY's use.
2.5. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.6. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance
in consultations which are included as part of the Basic Services to be provided herein).
2.10. Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
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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
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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:
. ., :
IMMUMM
20-33
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. ❑ 6+aPA-F-i+
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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 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 8.1.
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8.2. To the extent that the Agreement that the work pertains to 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.
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.
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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
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.
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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.
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
Page 11 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
9
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. 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.
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.
Page 12 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
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, Suite 303
Naples, FL 34112-5361
Administrative Agent/PM: Alicia Abbott, Project Manager
Telephone: (239) 252-5344
E-Mail(s): Alicia.Abbottp_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: Stantec Consulting Services Inc.
Address: 10160-112 Street SW, Suite 200
Edmonton, Alberta T5K 21_6 CA
Attention Name & Title: Fermin A. Diaz, PE / Marc Lean, PE
Telephone: (239) 649-4040
E-Mail(s): Fermin.diazstantec.com/Marc. lean (a-)_stantec. com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing 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.
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
9
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
Schedule F
Schedule G
Solicitation #
Consultant's
CCNA Proiects: TRUTH IN NEGOTIATION CERTIFICATE
KEY PERSONNEL
Other: N/A
19-7633
Proposal
including all Attachment(s), Exhibit(s) & Addendum
17.10. Grant Funded Proiects (only applicable to Grant funded proiects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY's
Board approved Executive Summary, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions
shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the CONSULTANT at the COUNTY's discretion.
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
9
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT
shall sign and deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Article 13
and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision -making authority and by 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
Page 15 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
9
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_CCNA Single Project Agreement 2017.010 Ver.3
9
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Courts &
Comptroller t Anil
By:O�A
t
Date:i b0cro
1
,fittestas toSairman's
signa�tt�e only.
N)pi*Mecj ps tq,�orna and Legality:
County Attorney
Name
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Burt L. Saunders
Consultant:
Consultant's Witnesses:
Stantec Consulting Services Inc.
By:
Witness ,
Name and Title f-c—ik ..l1f Name and Title ,i�c,.a'-
Wit ess
Name and Title
Page 17 of 32
Chairman
PSA_CCNA Single Project Agreement 2017.010 Ver
Cq, p
SCHEDULE A
SCOPE OF SERVICES
❑■ following this page (pages 1 through 6 )
Page 18 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
0
SCHEDULE A — SCOPE OF SERVICES
Collier County Contract 19-7633
Construction Engineering & Inspection (CEI) Services
South County Regional Water Treatment Plant — Reactor #4 Project
Prepared 2002-06-02
The South County Regional Water Treatment Plant (SCRWTP) receives source water from the Tamiami
and Hawthorne aquifers, which is treated by lime softening and reverse osmosis (RO) treatment processes,
respectively. Water is pumped from the wellfield and to the degasifiers, followed by lime softening reactors,
re -carbonation, filtration, clearwell for disinfection and subsequently to the finished water storage tank,
where water treated by lime softening and RO treatment are blended and stored before being distributed
to the community. The goal of this project is provide Construction Engineering and Inspection (CEI)
services to support the construction of a fourth lime softening reactor (by others) using a concrete tank,
associated yard piping, and site improvements to increase the plant's treatment reliability in providing water
to the community.
Adding a fourth tank will require new connections to existing softening process and piping and will require
careful coordination efforts to minimize interruptions during construction to limit the impacts to plant
operations and potable water production. Additionally, construction efforts will need to be coordinated to
allow plant operating staff and vendors with necessary access for maintenance of the existing plant with
minimal -to -no interruptions, unless otherwise planned and coordinated in advance. STANTEC will
coordinate with the Design Engineer of Record (EOR) and Collier County (COUNTY) and represent the
COUNTY, to the extent described by this Scope of Services throughout the project construction.
41P S E
Collier County has selected Stantec Consulting Services Inc. (STANTEC) to provide construction and
engineering and inspection services throughout the duration of the preconstruction, construction, and
commissioning of the proposed Reactor #4 at the South County Water Treatment Plant (SCRWTP).
III COPE OF SERVICES
STANTEC will perform following four (4) main tasks for this project
Task 1.0 —Observation and Documentation;
Task 2.0 — CEI Project Management Services, -
Task 3.0 —Additional Services Allowance; and
Task 4.0 — Miscellaneous Reimbursable Expenses.
A more detailed description for each task is provided below.
T.� SK ,1,0 OBSERVATION AND DOCUMENTATION
Services to be provided as part of this task will include the following:
1.1 Construction Observation — STANTEC will conduct on -site observations and inspections of
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construction/testing activities on the Project to match the level of mobilization and Contractor's work
development to a maximum of 1,850 hours over the duration of the project, unless directed otherwise by
the COUNTY's Project Manager. Stantec anticipates the project duration to Substantial Completion and
Final Completion will be 305 and 335 days, respectively. STANTEC will evaluate and assess whether the
Work is performed in general conformance with the Contract Documents, approved submittals, RFI
responses, Work Directives, Changes Orders, and revised drawings issued by the FOR during the course
of the project construction phase. STANTEC will notify the COUNTY and then the Contractor of any issues
related to non-conformance of the Work with the Contract Documents and document these notifications on
the Daily Work Report (DWR). STANTEC will facilitate communication with the Design Engineer of Record,
so the FOR can provide interpretation of plans and specifications and will assist the Contractor to develop
solutions arising from field issues and conflicts in the field. Communication between the Contractor and
FOR will be documented and recorded through a Request For Clarification (RFC) form. Such document
shall be developed and prepared by the Contractor following the Contract Documents. RFCs will be
submitted to the FOR for their response, which in turn, will be reviewed and approved by the COUNTY prior
to submitting a response to the Contractor.
STANTEC is not responsible for the Contractor's Safety or Maintenance of Traffic, nor has Supervisor
Control of the Contractor or the authority to stop the Contractor from working. Stantec does not have to
right to reject work not conforming to the Contract Documents, however such instances will be immediately
reported to the FOR and COUNTY.
Deliverables: Requests for Clarification.
1.2 Daily Log and Construction Documentation and Photographic Record — STANTEC's Resident
Project Representative (RPR) will observe and log the Contractor's work activities each day. The
documented activities will be summarized in a DWR, including relevant details related to the work, that will
be submitted to the COUNTY daily. The DWR will also include with pictures of the work in progress,
accompanied with descriptive captions. Information will be recorded in the DWR when at the Project Site.
The DWR will record relevant aspects of the construction observed while on site including, but not limited
to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection
performed (by Others), site conditions, excavation conditions, backfill material used, dewatering methods,
compaction methods, location of the work, and other details related to the Work. Additionally, the DWR will
contain information related to: time and hours on the job site, weather conditions, list of visiting officials and
representatives of manufacturers, fabricators, suppliers and distributors, observations in general and
specific observations in more detail, such as in observing test procedures, conformance observation of
materials and fittings, name plate data for equipment and material installed, customer service field log, and
other information requested by the COUNTY's Project Manager. All DWRs will be provided to the
COUNTY's Project Manager by STANTEC on a daily basis in PDF format via E-mail. All other construction
documentation produced by STANTEC will be provided upon request in electronic format.
STANTEC's DWRs may not include all progress photos captured each day by STANTEC. STANTEC will
maintain an electronic file of all progress photographs taken, which shall be saved using a file naming
convention that includes the project name, date the image was taken, and photographer's initials. Access
to these photos will be provided to COUNTY through web -based file sharing.
Deliverables: Daily Work Reports; Digital Photographs.
1.3 General Coordination — The need for continuous coordination is anticipated for this project. There
are several parties that need to be kept aware of general progress, planned work, planned shut -downs,
material deliveries, testing to assure the project progresses on schedule, within budget, and in general
conformance with the Contract Documents. These parties include: The EOR, COUNTY Project Manager,
SCRWTP Manager, SCRWTP Operator, SCRWTP Operations Staff, Contractor, as well as others.
STANTEC will work closely with each of these parties to keep them informed with the most current
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information available.
1.4 Observe Regulatory Agency Inspections — STANTEC will coordinate with the COUNTY, the EOR,
the Contractor, and Regulators as necessary to complete required regulatory inspections for placing the
tank into service. STANTEC will coordinate with the Contractor and COUNTY to confirm that required
building inspections have been scheduled at the required milestones. STANTEC shall not be liable for
damages to any parties if the Contractor does not or forgets to schedule a required inspection as this is
ultimately the Contractor's responsibility.
1.5 Construction Progress Meetings — STANTEC will attend up to 24 bi-weekly progress meetings with
the construction Contractor, FOR and the COUNTY to review project status and identify issues that may
affect the Project. This task does not include preparing agendas or notes for these meetings, which is
covered under the EOR's scope of work. The FOR shall be responsible to schedule, coordinate, manage,
and provide meeting minutes for all Construction Progress Meetings. If requested and approved by the
COUNTY, STANTEC can offer additional support for the progress meetings under the Allowance Task.
1.6 As -Constructed Field Drawings — STANTEC will maintain red pencil "mark-up" notations and
sketches on full size construction plans that reflect the actual details of constructed facilities. These red
pencil "mark-ups" will be used by STANTEC to validate the "As -Built" documentation provided by the
construction Contractor, accompanied with each monthly application for payment. Contractor shall be
ultimately responsible for the accuracy of As -Built documents.
Deliverables: STANTEC's red pencil "mark-ups" in PDF Format
1.7 Substantial Completion Walk -Through — STANTEC's CEI representative will conduct up to one (1)
substantial completion inspection when requested by the construction contractor and upon ENGINEER
recommendation of sufficient work completion to warrant a substantial completion Walk -Through
inspection. During the substantial completion inspection, the STANTEC will prepare a punch list of items
requiring completion or correction to the satisfaction of the ENGINEER and the COUNTY. The CEI will be
responsible for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The CEI
will coordinate and participate in the final walk-through to ensure that the punch -list items are completed to
the satisfaction of the ENGINEER and the COUNTY. This service will be limited to 1 walk-through by CEI,
up to 8 hours in duration.
Deliverables: Punch List.
1.8 Final Completion Walk -Through — Upon the request of the construction contractor and concurrence
of the ENGINEER and the COUNTY, STANTEC will coordinate with the COUNTY, EOR, and Contractor to
conduct final inspections of portions of the project, as they are finished to determine if construction has
been completed in accordance with the Contract Documents and the construction contractor has fulfilled
all obligations therein. Based on the results of the final inspection, the CEI, with the support of the EOR,
will determine the final completion. If the work is determined to be complete, the CEI will issue a "notice of
final acceptance and recommendation for final payment". If the work is determined as incomplete, the CEI
will issue written instructions to the construction contractor stating remaining items. Upon provision of the
construction contractor's evidence or assurance that the deficiencies noted above have been corrected or
completed, a second final inspection will be scheduled to verify that the outstanding issues have been
resolved and the CEI can issue a "notice of final acceptance and recommendation for final payment."
This service will be limited to up to two (2) walk-throughs up to 4 hours each.
Deliverables: Revised Punch List (if required), Notice of Final Acceptance and Recommendation for Final
Payment.
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1.9 Start-up and Commissioning Support — STANTEC will provide general coordination and will assist
the COUNTY's Project Manager, the FOR and the construction Contractor during commissioning of the
tank. This service will be limited to one (1) field activity for a 4 hours duration. Contractor shall be
responsible to provide Start-up plans and documentation for FOR review and acceptance prior to initiation
of commissioning activities.
TASK 2.0 CEI PROJECT MANAGEMENT SERVICES
2.1 General Management and Oversight: STANTEC will provide support services related to the construction
observation and documentation of this project to include the following:
a. Participate in the pre -construction coordination meeting (1) with the COUNTY and ENGINEER and
a pre -construction meeting (1) with the COUNTY and ENGINEER and the general Contractor for a
total of two (2) meetings.
b. Upon request by the Project Manager, participate in up to two (2) additional meetings as described
or implied herein.
c. Prepare and submit monthly construction summary reports to the ENGINEER and the COUNTY
d. Review and verify accuracy of the construction Contractor's percentage of completion in
anticipation of the monthly applications for payment. STANTEC will coordinate with FOR and
confirm that quantities shown on the application for payment accurately reflect the progress of the
Work completed in conformance with the Contract Documents. The CEI's recommendation of any
payment requested in an application for payment shall constitute a representation by the CEI for
the COUNTY as an experienced and qualified professional, that based on CEI's onsite
observations and inspections of construction in progress; that the construction quantities in the
applications for payment accurately reflects the progress of the work and that the work is
constructed in general conformance with the Contract Documents, all approved submittals, all RFI
responses, all Work Directives and Changes Orders, and all revised drawings issued by the FOR
during the course of the project.
e. STANTEC will review the monthly updates of the construction schedule prepared by the
construction contractor.
Coordination correspondence with COUNTY Project Manager, FOR and CEI Field staff as
necessary for Construction of the Work to be in reasonable conformance with the Contract
Documents, and as amended by the EOR.
2.2 Coordination of Shop Drawings, Contract Interpretations and Clarifications — The CEI will
coordinate with the ENGINEER regarding the issuance of interpretations and clarifications of Contract
Documents during construction. The ENGINEER shall be responsible for technical review and decisions
regarding interpretation and clarification of Contract Documents. The CEI shall coordinate the ENGINEER's
decisions and responses with the construction Contractor and COUNTY.
2.3 Monitor Project Records — The CEI shall monitor required Project records, including but not limited
to construction reports.
2.4 As Constructed Field Drawings —The CEI shall maintain red pencil "mark-up" notations and
sketches on full size construction plans that reflect the actual details of constructed facilities. These red
pencil "mark-ups" will be used by the CEI to validate the "As Built" documentation provided by the
construction contractor. The CEI will notify the ENGINEER and the construction Contractor of any
differences in the documents maintained by the general Contractor and the CEI on a weekly basis for
resolution by the ENGINEER.
2.5 Start-up and Commissioning Support — The CEI will assist the COUNTY, the ENGINEER and the
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construction contractor during start-up of each segment designated for Beneficial Use by the COUNTY.
STANTEC will have access to, collate, file, and distribute required Project records, including but not limited
to construction contractor's progress schedules, DWRs, and testing reports.
� A'FkK 3.0 ADDITIONAL SERVICES (ALLOWANCE)
ANCE)
3.1 Additional Services (as authorized in writing) — In accordance with Article 2 of the Agreement, in
the event that other services related to the project which may arise during the course of the work, but were
not envisioned as part of the original or amended scope of work; CEI shall submit a proposal to perform
Additional Services prior to the performance of the work. The proposal shall include the specific services to
be performed, time to complete, compensation, and an explanation as to why the services were not
previously envisioned as part of the scope of work. The proposed Additional Services must be approved by
the COUNTY's Project Manager in writing in advance of performance of said Additional Services. Written
authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit.
STANTEC shall be reimbursed for all expenses in connection with the performance of the above services,
as allowed for by Contract #19-7633. Project related reimbursable expenses include the printing of any
project related documents such as submittals, and drawings, and may include any other material costs
incurred.
• Technical review of Contractor's submittals for acceptance or correction, nor preparing submittal
responses.
• Preparation or technical review of Contractor's Request for Information, nor preparing the
associated responses on behalf of the EOR.
• Preparation and maintenance of logs for tracking Requests for Clarification, Requests for
Information, nor Submittal Reviews and Responses, all of which will be provided by the FOR or
COUNTY Project Manager.
• Distribution of submittals for review by the FOR or COUNTY, distribution of submittal Responses,
preparation and maintenance of submittal logs, which will be provided by the Contractor through
E-Builder or other approved type of web -based document and project management service.
• Preparing meeting agendas or notes.
• Providing signed and sealed letters to the Collier Building Department in the event the Contractor
fails to schedule the required inspection with the building department
• Providing E-Builder or other approved type of web -based document and project management
service.
• Preparation and maintenance of Work Directive and Change Order tracking logs, all of which will
be provided by the FOR or COUNTY Project Manager.
• Distribution of Project Records including but not limited to progress schedules, Daily Work Reports,
and Testing Reports prepared or submitted by the Contractor.
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• Coordinating with or preparing signed and sealed inspection reports for the Collier County Building
Department to pass required inspections.
Assisting the COUNTY Project Manager with Construction Contract administration items including,
but not limited to: Preparation of Change Orders, Work Directives, and Requests for Proposals;
Review of Change Order Proposals or Change Order back-up/supporting documentation; Providing
back-up and/or supporting documentation for Change Orders or Work Directives; Coordination with
other utility owners or engineering design coordination with others beyond the information shown
on the plans. COUNTY Project Manager or FOR shall provide STANTEC all applicable
aforementioned information in order to certify the Work has been in reasonable conformance with
the Contract Documents, and as amended by the EOR.
• Participation in or assistance with closing out of the Contractor's building or other permits.
• Providing SUE, GPR, Surveying or material testing services.
• Development and enforcement of Safety Plans (other than own).
• Asset Management.
• SCADA Support.
• Commissioning and Startup plans.
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C
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.
OMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
payments to CONSULTANT in accordance with the terms stated below. Payments will be made
in accordance with the following Schedule; however, the payment of any particular line item noted
below shall not be due until services associated with any such line item have been completed or
partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made
upon the percentage complete. In no event shall such Time and Materials compensation exceed
the amounts set forth in the table below.
Tasks/item
Description
Lump Sum
Time and
Materials
Not -To -
Exceed
1.0
Observation and Documentation
$
$275,444.00
2.0
CEI Project Management Services
$
$ 26,696.00
3.0
Additional Services Allowance
$
$ 15,000.00
4.0
Reimbursable Expenses
$
$ 1,500.00
Total Lump Sum Fee
$
$ 318.640.00
Total Time and Materials Fee
$
$
GRAND TOTAL FEE $318,640.00
$
$
Page 19 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
0
B.2.2. ❑m * 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.
mn;
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_CCNA Single Project Agreement 2017.010 Ver.3
P
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.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
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_CCNA Single Project Agreement 2017.010 Ver.3
CAO
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_CCNA Single Project Agreement 2017.010 Ver,3
0
SCHEDULE B — ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Hourly Rate
Principal
$238
Senior Project Mana er
$201
Project Manager
$165
Senior Engineer
$175
Engineer
$136
Senior Inspector
$117
Inspector
$96
Senior Planner
$164
Planner
$130
Senior Designer
$128
Designer
$109
Environmental Specialist
$120
Senior Environmental Specialist
$156
Scientist/Geologist
$115
Senior Scientist/Geologist
$156
Marine Biolo ist/H dro eolo ist
$133
Senior Marine Biolo ist/H dro eolo ist
$169
Senior GIS Specialist
$149
GIS Specialist
$114
Clerical/Administrative
$73
Senior Technician
$102
Technician
$83
Surveyor and Mapper
$142
CADD Technician
$95
Survey Crew - 2 man
$152
Survey Crew - 3 man
$185
Survey Crew - 4 man
$218
Senior Architect
$177
Architect
$148
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. For Grant Funded Projects,
the above hourly rates are for purposes of providing estimate(s), as required by the grantor
agency.
Page 23 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Task/Item
Description
Cumulative Number
of Calendar Days
For Completion
from Date of
Notice to Proceed for
Services under this
Agreement
1.0
Observation and Documentation
365
2.0
CEI Project Management Services
365
3.0
Additional Services Allowance
365
4.0
Reimbursable Expenses
365
Page 24 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self -insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
Page 25 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
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? ❑■ 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 ❑■ No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? ❑ Yes ❑N 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_CCNA Single Project Agreement 2017.010 Ver.3
/0 An
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 ❑■ 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 ❑1 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_CCNA Single Project Agreement 2017.010 Ver.3
+';8't
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? ❑ Yes ■❑ No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? ❑ Yes ■❑ No
Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall 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 $1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
Page 28 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
CA�
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
PSA_CCNA Single Project Agreement 2017.010 Ver.3
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Stantec Consulting Services Inc. (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning" SCRWTP Reactor Tank Number 4-CEI Services "project
is accurate, complete and current as of the time of contracting.
DATE:
, � � �►
Page 30 of 32
PSA_CCNA Single Project Agreement 2017.010 Vera
SCHEDULEF
KEY PERSONNEL
Name
Personnel Category
Percentage
of Time
Sergio Ho os
Sr. Project Manager
4
Marc Lean
Construction Manager
10%
Miguel Perez -Rivera
Project Engineer
8%
Scott Sikorski
Senior Inspector
58
Terry Dungan
Senior Inspector
19
Seana Chaisson
Senior Designer
1
Page 31 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
CC I
Other:
SCHEDULE G
(Description)
❑ following this page (pages through )
❑■ this schedule is not applicable
Page 32 of 32
PSA_CCNA Single Project Agreement 2017.010 Vera
OCNO
^ Dm
A
tV(J/RCERTIFICATE OF LIABILITY INSURANCE 5/1/2021
DATE (MMIDD/YYYY)
6/30/2020
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 Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
(816)960-9000
CONTACT
NAME:
PHONE FAX
AIC No);
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A: Berkshire Hathaway Specialty Insurance Company
22276
INSURED STANTEC CONSULTING SERVICES INC.
1415077 370 INTERLOCKEN BOULEVARD, SUITE 300
INSURER B: Travelers Property Casualty Co of America
25674
INSURER C :
INSURER D :
BROOMFIELD CO 80021-8012
INSURER E :
INSURER F :
COVFRAGFS CERTIFICATE NUMBER: 16834602 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I
LTR
OF INSURANCE
ADDLSUBRTYPE
INSD
WVD
POLICY NUMBER
EFF
MMIDDPOLICY/YYYY
POLICY
MtYYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE a OCCUR
Y
N
47-GLO-307584
5/1/2020
5/1/2021
EACH OCCURRENCE
$ 2,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 1 000 000
X
MED EXP (Any one person)
$ 25 000
CONTRACTUAL/CROSS
X
XCU COVERED
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 4,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY I JP L7V] LOC
$
OTHER:
B
B
B
AUTOMOBILE LIABILITY
X ANY AUTO
y
N
TC2J-CAP-8E086819 (AOS)
TJ-BAP-8E086820
TC2J-CAP-8E087017(NJ)
5/1/2020
5/1/2020
5/1/2020
5/1/2021
5/1/2021
5/1/2021
COMBINED SINGLE LIMIT
Ea accdent
$ 1,000,000
BODILY INJURY (Per person)
$ XXXXXXX
BODILY INJURY (Per accident)
$ XXXXXXX
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
Pe ac den DAMAGE
$XXXXXXX
$ XXXXXXX
A
x
UMBRELLA LIAB
X
OCCUR
N
N
47-UMO-307585
5/1/2020
5/1/2021
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
X
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION $
$ XXXXXXX
B
B
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY OFFICER/MEMBER EXCLU EI ECUTIVE N
(Mandatory In NH)
N / A
y
UB-3P635310 (AOS)
UB-3P533004 (MA, WI)
EXCEPT FOR OH ND A WY
5/1/2020
5/1/2020
5/1/2021
5/1/2021
X STATUTE ERPER H
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: 19-7633. SCRWTP REACIOR TANK #4 - CEI SERVICES; COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OR BOARD OF COUNTY
COMMISSIONERS IN COLLIER COUNTY OR COLLIER COUNTY GOVERNMENT OR COLLIER COUNTY ARE ADDITIONAL INSUREDS AS RESPECTS
GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY, AS REQUIRED BY WRITTEN
CONTRACT. WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND
AS REQUIRED BY WRITTEN CONTRACT.
UtK I IrH;A I t MULUtK VF11Y tJCLLM 11V 1
16834602
COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
3295 TAMIAMI TRAIL E
NAPLES FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
n 198&- 015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
A� Q® CERTIFICATE OF LIABILITY INSURANCE 10/1/2020
DATE (MM/DDIYYYY)
6/30/2020
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 Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
(816)960-9000
CONTACT
NAME:
PHONE FAX
IC.A/C No :
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A: Berkshire Hathaway Specialty Insurance Company
22276
INSURED STANTEC CONSULTING SERVICES INC.
1414100 370 INTERLOCKEN BOULEVARD, SUITE 300
INSURER B : AIG Specialty Insurance Company
26883
INSURER C :
INSURER D :
BROOMFIELD CO 80021-8012
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 16834603 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MWDD/YYYY
LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE F—IOCCUR
NOT APPLICABLE
EACH OCCURRENCE
$ XXXXXXX
DAMAGE TO IEITID
ccur ence
PREMISES Ea occur'...)
$ XXXXXXX
MED EXP (Any one person)
$ XXXXXXX
PERSONAL & ADV INJURY
$ XXXXXXX
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ XXXXXXX
PRODUCTS - COMP/OP AGG
$ XXXXXXX
PRO'
POLICY ❑ JECTPRO- 7 LOC
$
OTHER:
AUTOMOBILE LIABILITY
NOT APPLICABLE
COMBINED SINGLE LIMIT
Ea accident
$ XXXXXXX
BODILY INJURY (Per person)
$ XXXXXXX
ANY AUTO
BODILY INJURY (Per accident)
$ XXXXXXX
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE
Per accident
$XXXXXXX
$XXXXXXX
UMBRELLA LIAB
OCCUR
NOT APPLICABLE
EACH OCCURRENCE
$ XXXXXXX
AGGREGATE
$ XXXXXXX
EXCESS LIAB
Id
CLAIMS -MADE
DED I I RETENTION $
$ XXXXXXX
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
YINANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
N / A
NOT APPLICABLE
ER H
STATUTE ER
E.L. EACH ACCIDENT
$ XXXXXXX
E.L. DISEASE - EA EMPLOYEE
$ XXXXXXX
E.L. DISEASE - POLICY LIMIT
$ XXXXXXX
If yes, describe under
DESCRIPTION OF OPERATIONS below
D
A
A
Professional Liab
N
N
47-EPP-308810
NO RETROACTIVE DATE
10/1/2019
10/1/2020
$3,000,000 PER CLAINVAGG
INCLUSIVE OF COSTS
B
Contractors Pollution Liab
CP08085428
10/1/2019
10/1/2021
$3,000,000 PER LOSS/AGG
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: 19-7633. SCRWTP REACIOR TANK 94 - CEI SERVICES
CERTIFICATE HOLDER \JHIVI CLLHI IVIV
16834603
COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
3295 TAMIAMI TRAIL E
NAPLES FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRES
Oc 1988C- 015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD