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#19-7583 (CDM Smith, Inc.)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management C.� #02- 11j 2. County Attorney Office County Attorney Office I ,1 ` 4. BCC Office Board of County e- 0‘5 6 A Commissioners J418� 1 - '� 4. Minutes and Records Clerk of Court's Office NA-) 9� /gyp /I iegit 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was September 22,2020 Agenda Item Number 11.D Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 19-7583 CDM SMITH, INC_ number if document is CDM SMITH, INC. V to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 09/22/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved . - •s not BCC, all changes directed by the BCC have been made, and the document is real is LC Ell r�ion for Chairman's signature. this line. SEP 2 2 ?020 l+i.k Management PROFESSIONAL SERVICES AGREEMENT Contract # 19-7583 for " Design Services for the NESA Wellfield THIS AGREEMENT is made and entered into this(0day of 20 20 by and between the Board of CountyCommissioners for Collier County, Florida, a political Y subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and CDM Smith Inc. authorized to do business in the State of Florida, whose business address is 75 State Street, #701, Boston, MA 02109 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Services for the NESA Wellfield (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, Page 1 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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 Jason A. Sciandra, 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: Page 2 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the Page 3 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 �,3, CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way- ROW, centerlines- CL, edge-of-pavement- EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: Page 5 of 32 PSA CCNA Single Project Agreement 2017.010 Ver.3 a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition Page 6 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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: transferred from the COUNTY-to the CONSULTANT; and, as a business-practice there are no 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. n ageRey- Page 7 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this 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. Page 8 of 32 PSA_CCNA Single Project Agreement 2017 010 Ver.3 C AO 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. Page 9 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 C8° 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. Page 10 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 C A(� 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 ,080 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: Public Utilities Engineering & Project Management Division Director: Tom Chmelik Address: 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 Administrative Agent/PM: Alicia Abbott, Project Manager Telephone: (239) 252-5344 E-Mail(s): Alicia.AbbottAcolliercountyfl.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: CDM Smith Inc. Address: 4210 Metro Parkway, Suite 230 Fort Myers, FL 33916 Attention Name & Title: Jason A. Sciandra, PE Telephone: (239) 938-9600 / (239) 339-64189 E-Mail(s): sciandraja@cdmsmith.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. Page 13 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 19-7583 , including all Attachment(s), Exhibit(s) &Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. Page 14 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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 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 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzei, Clerk of Courts & Comptroller • By: By: Burt L. Saunders Date: , Chairman Attest as o Chairman's signature only. A ed as to orm nd Legality: County Attorney Name Consultant: CDM Smith Inc, Consultant's Witnesses: 171--- By: Witness rsaaz. iblowebi e tr— 0,,3 Ohl‘,Ss cl(4 E frit\c'e4 Name and Title J Name and Title WUttlIrt ( OACC'e Witness r,19,Lies-y R E/ riv;i/Jeer Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 'AS) SCHEDULE A SCOPE OF SERVICES n following this page (pages 1 through 1$ ) Page 18 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 RPS# 19-7583 SCHEDULE A—SCOPE OF SERVICES DESIGN SERVICES FOR THE NESA WELLFIELD PROJECT BACKGROUND The OWNER would like the CONSULTANT to perform the planning,design, permitting, bidding, and construction contract administration for the development of potable and irrigation quality water supplies to meet the needs of the planned development in the NESA(the PROJECT). The NESA Wellfield will have three primary areas:the NESA South Wellfield,the NESA Perimeter Wellfield, and the Immokalee Road Rural Village (IRRV) Wellfield (located between the NESA site and Immokalee Road).The attached Exhibit 1 shows the Project area.The improvements include approximately 49,100 linear feet of raw water pipeline and 33 water supply wells.The work will include a preliminary engineering task to evaluate wellfield corridors and potential wellfield alignments in each of the three wellfield areas as well as the potential disposition of other well sites owned by the OWNER in the northeast portion of the County. The OWNER wishes to conduct a preliminary engineering effort in the NESA service area to identify, quantify, and utilize freshwater supplies for the long-term benefit system. In parallel to the preliminary engineering task,the CONSULTANT will prepare and pursue the water use permit allocation from the South Florida Water Management District (SFWMD) necessary for the initial (5-year) and future(20-yr) NESA wellfield area.The CONSULTANT will also prepare the design for the South NESA wellfield at the same time as preliminary engineering and permitting. Subsequent to the development of the South NESA Wellfield,the CONSULTANT will prepare the design for the NESA Perimeter Wellfield then the Immokalee Road Rural Village Wellfield. The work for this authorization has been separated into 9 tasks.Task 1 is for project management throughout the project.Task 2 is for development of preliminary engineering for the wellfield.Task 3 includes hydraulic modeling of the transmissions system.Task 4 is for the design of each of the wellsite facilities.Task 4 was further divided into 3 distinct areas in the wellfield such that the OWNER can stage the development of the wells to match the raw water demands.Task 5 is for bidding services for each bid package.Task 6 is for construction phase services for each of the bid packages including resident project representative services.Task 7 is for additional services to support the OWNER at the OWNER's request through the project.Task 8 provides permitting services for each wellfield areas as well as the overall water use permit.Task 9 includes survey and geotechnical engineering. SCOPE OF WORK The following is a description of the services to be provided under this Task Authorization: TASK 1- PROJECT MANAGEMENT Project management includes activities related to initiating, planning, executing, controlling,and closing the project. Under this Task,the CONSULTANT will be responsible for overall coordination and oversight of the project execution.The Project Manager will be the primary point of contact with the Page 1 of 18 OWNER and will lead the Consultant Team during the project execution focusing on quality completion of the project tasks on schedule and budget. CONSULTANT understands that the Total Project Duration will be approximately 84 months from start of project. Subtask 1.1- Project Management The CONSULTANT will perform overall project management and coordination tasks such as project planning, project controls, subconsultant management, invoicing and reporting, and oversight of quality assurance/quality control activities. During this task,the CONSULTANT will perform the following activities or milestones. Subtask 1.1.1-Project/Quality Execution Plan The CONSULTANT will prepare a Project Execution Plan that describes the CONSULTANT's approach to achieving compliance with the CONSULTANT'S controls, reporting, risk management, health and safety, document management and quality assurance/quality control requirements.This document will be prepared during the first month of the project. Subtask 1.1.2-Baseline Schedule The CONSULTANT will develop a baseline progress schedule that will indicate key project activities, including field investigations, design phases,and permitting phase durations for the overall project. The Baseline Schedule will contain the notice to proceed date, milestone dates, quality management activities,the project completion date and the sequence and interdependence of summary level activities showing starting and completion calendar dates for activities and activity duration in number of calendar days required to finish the project on schedule. After acceptance of the CONSULTANT's baseline schedule by the OWNER,the CONSULTANT will revise and update the progress schedule after each major milestone,depicting scheduled progress of key activities on a percent complete basis, progress to milestones and through completion. Subtask 1.1.3-Subconsultant Coordination and Administration The CONSULTANT will manage each of the subconsultants and coordinate the actions required to implement the Design. Subtask 1.1.4-Monthly Reporting and Invoicing The CONSULTANT will prepare monthly progress reports in support of invoices to describe the work performed during the previous reporting period.The format and content of the invoice will be in accordance with direction to be provided by OWNER. Monthly reporting and invoicing will include: • Monthly written status report • Monthly invoices using estimated percent complete Deliverables(issued via electronic delivery in pdf format): • Baseline Schedule • Monthly invoices with monthly progress status report • Periodic updates to progress schedule Page 2 of 18 Subtask 1.2- Project Meetings The CONSULTANT will attend the following meetings during the project. Subtask 1.2.1 -Initiation/Kickoff Meeting The goal of the meeting is to confirm OWNER's goals and objectives, identify roles, responsibilities, and communication protocols for project team members. Discuss the scope of work and data needs, CONSULTANT's overall Project Execution Plan, deliverables,schedule, and critical milestones. CONSULTANT assumes that Project Manager, Project Technical Lead, and key Design Team members (including subs)will attend this meeting. Subtask 1.2.2-Project Quality Meeting CONSULTANT's Quality Management System requires that the team (with OWNER) have a Project Quality Meeting focused on alignment, quality aspects, critical success factors and action plans to achieve OWNER's goals and objectives. CONSULTANT assumes that Project Manager, Project Technical Lead,and Design Team members (including subs)will attend this meeting.This meeting may occur on the same day as the Initiation/Kickoff Meeting. Subtask 1.2.3-Monthly Progress Meetings CONSULTANT's (Project Manager or Project Technical Lead)will attend Monthly Progress Meetings with the OWNER to discuss project progress, project issues and coordination (up to the Permit Set Submittal). Other key team members may attend from time to time by phone or in person. Prior to each Monthly Progress Meeting,the CONSULTANT will provide the OWNER's project manager with a list of topics or issues for discussion or resolution for inclusion in the meeting agenda. Minutes will be distributed one(1)week after the meeting date.The CONSULTANT has budgeted for 40 monthly progress meetings. Subtask 1.2.4-Coordination(Review)Meetings with other Consultants The CONSULTANT(Project Manager, or Project Technical Lead,and up to two team members)will attend coordination meetings with up to one other Consultant for coordination requirements between the OWNER and; other state and local regulatory agencies; Consultant of NESA WTP; Consultant for the Big Corkscrew Island Regional Park; and Consultants for developments within project area. CONSULTANT has budgeted for up to ten (10) coordination meetings with other Consultants. Subtask 1.2.5-Discipline Project Meetings CONSULTANT understands that the project will require additional meetings with the OWNER (i.e., meetings for specific project issues or site visits). CONSULTANT assumes up to ten (10) meetings. Subtask 1.2.6-Construction Progress Meetings CONSULTANT's(Project Manager or Project Technical Lead)will attend Bi-Weekly Progress Meetings with the OWNER to discuss project progress during construction phase services, project issues and coordination. Other key team members may attend from time to time by phone or in person. Prior to each Progress Meeting,the CONSULTANT will provide the OWNER's project manager with a list of topics or issues for discussion or resolution for inclusion in the meeting agenda. Minutes will be distributed one (1)week after the meeting date.The CONSULTANT has budgeted for 66 bi-weekly progress meetings. Page 3 of 18 Deliverables(issued via electronic delivery in pdf format): ■ Meeting agenda for each meeting(Initiation, Monthly, and Coordination) ■ Meeting summary TASK 2- NESA WELLFIELD PRELIMINARY ENGINEERING The CONSULTANT will develop a preliminary engineering technical memorandum to evaluate the available water supply within the NESA Service Area, identify strategic locations for Tamiami Wells and brackish water supply wells within the NESA Service Area and develop pipeline corridors for conveying raw water from the proposed well sites to the NESA site.The preliminary engineering effort will evaluate the existing test wells for repurposing as interim potable raw water wells, irrigation quality(IQ)wells and monitoring wells.The CONSULTANT will review available reports and studies. The CONSULTANT will design and oversee an aquifer test program that will include installation of up to 5 Lower Tamiami Aquifer(LTA) monitor/test wells and 1 LTA production well, 1 Aquifer Performance Test(APT), and associated hydrogeological data analysis. The Consultant will prepare specification to construct the Lower Tamiami Aquifer test wells. The OWNER will utilize the specifications to contract with a Contractor to construct the test wells. The CONSULTANT will oversee the construction and testing of the wells and provide analysis of testing results. Work on the Technical Memorandum will include coordination with Collier County Pollution Control for potential environmental hazards,evaluation of well sites in future rural village, and an updated map showing locations of the wells. Deliverables(issued via electronic delivery in pdf format): ■ NESA Wellfield Preliminary Engineering Technical Memorandum (Draft) ■ Signed and Sealed NESA Wellfield Preliminary Engineering Technical Memorandum TASK 3- HYDRAULIC MODELING CONSULTANT has allocated 200 labor hours to update the computerized hydraulic model of the well piping and raw water transmission throughout this Task Authorization.This subtask is intended for updates to the model developed in the preliminary engineering task.This is intended to be used if alignments, diameters, and distance of pipelines change through the Project.Additionally,this subtask will be utilized if the individual wells produce different flow rate than originally planned. Included with each model update is a brief technical memorandum TM to document review changes to the model and results. Deliverables(issued via electronic delivery in .pdf format): ■ Hydraulic Model Technical Memorandum TASK 4-WELLFIELD DESIGN SERVICES Subtask 4.1-South NESA Wellfield Subtask 4.1.1 - Design The CONSULTANT will prepare for incorporation in the Contract Documents, Drawings showing the scope, extent and character of the work to be performed and furnished by Contractor and Technical Specifications (which will be prepared,where appropriate, in general conformance with the fifty- division format of the Construction Specifications Institute).The design will include the six NESA South Page 4 of 18 freshwater well sites identified in the NESA Wellfield Conceptual (10%) Design Study.Well design will include pipelines,electrical,controls,SCADA,civil site,and well head plans.The CONSULTANT will provide the OWNER with raw water transmission size as well as size and number of conduits for power distribution to be designed by another engineering firm.The Drawings and Specifications will be prepared in five phases: ■ Conceptual Design (10%)—CONSULTANT will prepare a conceptual design technical memorandum which will: ■ Collect and review existing information ■ Identify and evaluate key alternatives to be analyzed ■ Define basic design criteria ■ Confirm code, regulation and standards requirements ■ Prepare process and instrumentation diagrams (P&IDs) ■ Prepare power supply plan to site ■ Complete process and hydraulic modeling and system sizing ■ Prepare initial equipment data sheets ■ Define civil,site and environmental conditions and constraints ■ Prepare conceptual site facility layout ■ Prepare conceptual level opinion of probable construction cost(OPCC) ■ Preliminary Design (30%)—CONSULTANT will: ■ Evaluate geotechnical, survey and environmental findings ■ Finalize design criteria requirements ■ Develop preliminary specification table of contents ■ Prepare specifications for pre-purchase items(if appropriate) ■ Develop 30%overall complete design Drawings ■ Prepare an updated opinion of probable construction cost ■ Design Development (60%)— CONSULTANT will: ■ Respond to comments on the Preliminary Design ■ Finalize form of bid ■ Update specification table of contents ■ Develop 60%specifications ■ Develop 60%complete design Drawings ■ Prepare an updated opinion of probable construction cost ■ Pre-Final Design (90%)—CONSULTANT will prepare 90%complete design Drawings and Specifications.Table 1 below summarizes the anticipated number of design drawings for each discipline.These documents will be signed and sealed for permitting purposes. ■ Final Design (100%)—CONSULTANT will revise the 90%design Drawings and Specifications based on comments received from the OWNER and the permitting agencies.The final design documents will be transmitted electronically(in PDF format)to the OWNER for bidding of the project. A preliminary sheet count is provided in Table 1. Page 5 of 18 CAO TABLE 1 Preliminary Count of Drawings to be Developed Preliminary List of Drawings No. Cover and General 3 Civil:Plan,Profile and Details 8 Architectural 6 Structural:Plan,Sections and Details 8 Mechanical:Plan,Sections and Details 8 Plumbing&HVAC 8 Electrical 10 Instrumentation 6 Total Estimated South NESA Wellfield Drawings(incl 10%cont.) 57+6=63 Subtask 4.1.2- Opinion of Probable Construction Cost(OPCC) The CONSULTANT will prepare an opinion of probable construction cost at the 10, 60 and 100 percent design phases. Subtask 4.2- NESA Perimeter Wellfield Subtask 4.2.1 Design The CONSULTANT will prepare for incorporation in the Contract Documents, Drawings showing the scope, extent and character of the work to be performed and furnished by Contractor and Technical Specifications (which will be prepared,where appropriate, in general conformance with the fifty- division format of the Construction Specifications Institute).The design will include sixteen well sites as labeled well site#1 through well site#16 in the December 2009 Northeast Regional Water Treatment Plant Wellfield Infrastructure Development plans (NERW 2009 Plans) by CDM Smith.The design will include the raw water transmission main connecting each of the proposed freshwater wells (Well#1 through Well#16) around the proposed NESA site.The plans will include design for the approximately 23,300-foot-long raw water pipe and conduit for communication as well as conduit for power distribution to the well facilities.The design is intended to connect to the existing transmission pipeline constructed at the Big Corkscrew Island Regional Park.The Drawings and Specifications will be prepared in five phases as outlined in Subtask 4.1.1. A preliminary sheet count is provided in Table 2. TABLE 2 Preliminary Count of Drawings to be Developed Preliminary List of Drawings No. Cover and General 3 Civil:Plan,Profile and Details 53 Architectural 6 Structural:Plan,Sections and Details 8 Mechanical:Plan,Sections and Details 8 Plumbing&HVAC 8 Electrical 16 Instrumentation 6 Total Estimated NESA Perimeter Wellfield Drawings 102+10=112 (incl 10%contingency) Page 6 of 18 CAO Subtask 4.2.2- Opinion of Probable Construction Cost The CONSULTANT will prepare an opinion of probable construction cost as outlined in subtask 4.1.2. Subtask 4.3- Immokalee Road Rural Village(IRRV)Wellfield Subtask 4.3.1 - Design The CONSULTANT will prepare for incorporation in the Contract Documents, Drawings showing the scope, extent and character of the work to be performed and furnished by Contractor and Technical Specifications (which will be prepared,where appropriate, in general conformance with the fifty- division format of the Construction Specifications Institute).The design will include eleven proposed wells, and the transmission main from the NESA Perimeter pipeline to the Rural Land Trust and the transmission main to eleven proposed wells.The plans will include design for the approximately 21,100-foot-long raw water pipe and conduit for communication.The Drawings and Specifications will be prepared in five phases as outlined in subtask 4.1.1. A preliminary sheet count is provided in Table 3. TABLE 3 Preliminary Count of Drawings to be Developed Preliminary List of Drawings No. Cover and General 3 Civil:Plan,Profile and Details 38 Architectural 6 Structural:Plan,Sections and Details 8 Mechanical: Plan,Sections and Details 8 Plumbing&HVAC 8 Electrical 13 Instrumentation 6 Total Estimated Immokalee Road Rural Village Wellfield 90+9=99 Drawings(including 10%contingency) Subtask 4.3.2- Opinion of Probable Construction Cost The CONSULTANT will prepare an opinion of probable construction cost as outlined in subtask 4.1.2. TASK 5- BIDDING ASSISTANCE SERVICES The CONSULTANT will attend one pre-bid meeting for each of up to three bidding packages which will be administered by the OWNER.The CONSULTANT will review and respond to the questions received from the bidders and will prepare up to one addendum for each bidding package.The CONSULTANT will review the bids received and make a recommendation on award of the contract. Currently the following bidding packages are anticipated:South NESA Wellfield, NESA Perimeter Wellfield, and Immokalee Road Rural Village Wellfield. TASK 6- CONSTRUCTION ENGINEERING SERVICES The CONSULTANT will provide engineer of record services for up to three construction contracts which will be administered by the OWNER. Currently the following construction contracts are Page 7 of 18 CA() anticipated:South NESA Wellfield, NESA Perimeter Wellfield,and Immokalee Road Rural Village Wellfield.The following eleven subtasks will be provided for each construction contract: Subtask 6.1- Conformed Plans and Specifications and Building Permit Support CONSULTANT will conform the bid plans and specifications to reflect changes and clarifications made during the bidding phase. Subtask 6.2- Construction Kickoff and Progress Meetings CONSULTANT will prepare for and attend the following construction phase meetings: ■ Pre-construction meeting(s) ■ Bi-weekly progress meetings The time and budget for this subtask is included under Subtask 1.2.6. Subtask 6.3- General Administration of Construction Contract CONSULTANT will consult with and advise OWNER while acting as OWNER's representative as provided in the Contract Documents. CONSULTANT will evaluate and render the initial opinions to the OWNER on potential change order items from the CONTRACTOR relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work.The CONSULTANT has budgeted 1,600 labor hours for use across the three wellfield contracts for this subtask. Subtask 6.4- Clarifications and Interpretations For clarifications and interpretations,the CONSULTANT will receive, review, provide responses and distribute up to 20 requests for information for each of the three wellfield contracts from the CONTRACTOR.The CONSULTANT has budgeted an average of 4 hours for each request under this subtask information. Subtask 6.5- Change Orders and Work Change Directives CONSULTANT will review and provide feedback on up to 16 Potential Change Orders or Work Change Directives relating over the three wellfield contracts. Subtask 6.6- Shop Drawings and Other Submittals CONSULTANT will review and provide responses on up to 220 shop drawings and other submittals, including resubmittals over the three wellfield contracts. Subtask 6.7- Applications for Payment The CONSULTANT will review monthly pay requests submitted by the CONTRACTOR and provide a recommendation on their approval. CONSULTANT will review the status and upkeep by the CONTRACTOR of As-Built drawing markups on site on a monthly basis. Subtask 6.8- Substantial Completion Following notice from CONTRACTOR that the CONTRACTOR considers the entire work ready for its intended use, CONSULTANT and OWNER, accompanied by the CONTRACTOR,will conduct one field inspection to determine if the work under that particular contract is Substantially Complete. A list of deficiencies and omissions identified by the CONSULTANT will be prepared to accompany the Certificate.The CONSULTANT will be responsible to deliver to OWNER and the CONTRACTOR the list Page 8 of 18 C;AO of any deficiencies and omissions to be corrected prior to either considering the project Substantially Complete or those that need to be completed prior to Final Acceptance.The CONSULTANT will be responsible to deliver a Certificate of Substantial Completion to OWNER and the CONTRACTOR when the work is deemed Substantially Complete.This subtask does not include subsequent inspections for additional Substantial Completion inspections or compliance with punchlist items. Subtask 6.9- Final Notice of Acceptability of the Work CONSULTANT shall conduct one final field inspection for each of the three contracts to determine if the completed contract work of CONTRACTOR is acceptable so that CONSULTANT may recommend, in writing,final payment to the CONTRACTOR including listing of any specific incomplete work as warranty.Accompanying the recommendation for final payment, CONSULTANT shall indicate that the work is acceptable to the CONSULTANT's knowledge and based on the extent of the services performed and furnished by CONSULTANT under this Agreement. Subtask 6.10- Record Drawings CONSULTANT shall review the CONTRACTOR's As-Built drawings on a periodic(e.g., monthly) basis and for any material deviations to design intent after Substantial Completion.The CONSULTANT shall prepare Record Drawings which incorporate the CONTRACTOR's mark ups and provide them to the OWNER after Final Completion and as part of permit closeout. Subtask 6.11- Visits to Site The CONSULTANT will provide a full time on-site Professional Geologist during the drilling operation of each of the production wells as described in Subtask 6.12 and part time Resident Project Representative (RPR) during the construction of the pipeline and construction of the well surface facilities. For the remainder of the construction work,the CONSULTANT will rely on the OWNER's inspection staff to provide day-to-day construction observation for conformance with the Contract Documents. The CONSULTANT will make periodic site visits to observe construction activities at critical points during construction and at times requested by the OWNER.CONSULTANT may require special inspections or tests of the work,shall receive and review certificates of inspections,tests and approvals required by laws, rules, regulations, ordinances,codes, orders or the Contract Documents. The CONSULTANT has budgeted 800 labor hours over the three wellfield contracts. Subtask 6.12- Resident Project Representative The CONSULTANT will provide the services of a full-time Onsite Professional Geologist for the duration of the well drilling activities, budgeted at 3,960 labor hours total for all three contracts. For the basis of cost the CONSULTANT has budgeted 4,800 labor hours of Resident Project Representative for the three wellfield contracts for services during the construction of the well pump facilities and the pipeline. Onsite Professional Geologist and Resident Project Representative is CONSULTANT's agent at the site,will act as directed by and under the supervision of CONSULTANT and will confer with CONSULTANT regarding Resident Project Geologist's and Resident Project Representative actions. Onsite Professional Geologist's and Resident Project Representative dealings in matters pertaining to the on-site work shall in general be with CONSULTANT, OWNER and CONTRACTOR. Onsite Professional Geologist's and Resident Project Representative dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Onsite Professional Geologist Page 9 of 18 and Resident Project Representative shall generally communicate with OWNER with the knowledge of and under the direction of CONSULTANT. The CONSULTANT will have the authority to recommend to the OWNER rejection of work that does not conform to the construction documents. If the CONSULTANT observes any work that fails to materially conform to the construction documents,the CONSULTANT shall notify the OWNER and may recommend to the OWNER the rejection of such work. When such work is rejected,the CONSULTANT must advise the CONTRACTOR with respect to the implementation of the intent of the construction documents.The CONSULTANT will have authority to require additional inspection or testing of the work by others in accordance with the provisions of the construction documents,whether such work is fabricated, installed or completed. The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods,techniques,sequences or procedures, or for safety precautions and programs in connection with the work, since this is the CONTRACTOR's responsibility under the contract for construction.The CONSULTANT shall not have control over or charge of acts or omissions of the CONTRACTOR, subcontractors or their agents, or employees or of any other persons performing portions of the work.The CONSULTANT shall not be responsible for the CONTRACTOR's schedules or failure to carry out the work in accordance with the construction documents. Onsite Professional Geologist services will be provided by a subconsultant, Water Science Associates (WSA),during the construction of the supply wells.The penetrated geology at the well sites will be evaluated to confirm that the final well constructions meet the intent of the specifications and applicable permits and regulations.Throughout the drilling period,an Onsite Professional Geologist will observe the drilling and testing operations.WSA's Onsite Professional Geologist, a senior hydrogeologist,will monitor field activities and be present for important tests or issues that require field decisions. Geologic information will be collected and analyzed during the drilling program to identify subsurface conditions and evaluate how existing conditions match those assumed during the design.The Onsite Professional Geologist will: ■ Review the geophysical logging submittals. ■ Review of geolograph submittals. ■ Observe setting and grouting of surface casing from land surface to competent geology for well construction.The depth will be determined in the field by the Well Drilling Contractor and verified by the Onsite Professional Geologist. ■ Observe setting and grouting of final casing. ■ Observe the drilling of the nominal open borehole. Characterize the geology through visual observation of drill cuttings. Review field testing of water samples for specific conductance,TDS, chlorides,sulfates, pH and temperature. Collect laboratory samples to be analyzed for chlorides, sodium, potassium,calcium, iron, magnesium,total alkalinity,total hardness,TDS,specific conductance and pH.Analysis will be conducted by an outside laboratory contracted by the Well Drilling Contractor. ■ Observe well development and pressure testing of well casing. Recommend remediation and work with Well Drilling Contractor to seal observed leaks if present. Observe pumped (development)water for sand content and turbidity. ■ Observe and evaluate geophysical and video logging on the pilot bore hole and completion of the production well to determine well construction conformance with the specifications and general hydrogeologic information. Page 10 of 18 C ■ Conduct step drawdown testing in accordance with SFWMD's requirements.The Well Drilling Contractor will be responsible for installing and operating the pumps and installing and monitoring the data loggers.The Onsite Professional Geologist will provide direction and quality assurance of the step test setup and execution. ■ Analyze the step drawdown tests for aquifer characteristics. TASK 7- ADDITIONAL SERVICES The CONSULTANT will manage the implementation of the various components necessary for orderly administration of the project and to provide continuous improvement in project delivery.The CONSULTANT will provide assistance related to the NESA Service Area on potable supply production wells,ASR systems, non-potable supply production wellfields and injections wells as requested by the OWNER.The CONSULTANT will provide experienced staff to administer and manage the consulting services provided. Recognizing the dynamic nature of services which are required, as well as the challenging time schedules generally necessary for these assignments, it is the intent of the CONSULTANT to make available engineering staff and specialized experts to address issues specific to the OWNER.These personnel may be employees of the CONSULTANT,subconsultant employees or subcontractors with individual consultants, as required.This task shall include, but not be limited to, the following as needed services: ■ Property descriptions ■ Boundary Survey ■ Easement assistance ■ Unplanned analysis, evaluations, or studies ■ Additional coordination meetings with other consultants ■ Review, analysis and recommendations on operating data and practices ■ Design of rehabilitation, repair or new construction for wells, raw water transmission mains and associated facilities ■ Property acquisition support ■ Funding and grant assistance ■ Quality assurance and review ■ Review of water quantity withdrawal records ■ Species specific surveys and studies that may be required by permitting agencies ■ Consultation with the U.S. Fish and Wildlife Service for federally listed threatened and endangered species ■ State permitting for listed species take or relocation Page 11 of 18 ■ Assistance in meeting with regulatory agencies and negotiating permits conditions ■ Assistance in implementing permit limiting conditions requirements ■ Assistance in public information and outreach assistance to the OWNER as part of public consultations, meetings or workshops required for the development of the Project ■ Providing information related to water supply planning efforts including, but not limited to Annual Update Inventory Reports(AUIR), annual water supply plan updates to SFWMD, updates to the Lower West Coast Water Supply Plan, updates to the Water Master Plan, and updates to the 10-Year Water Supply Facilities Work Plan ■ Additional design of well sites,during the progress of the Project if opportunities arise in which the OWNER wishes to increase the number of wells designed,the CONSULTANT will provide services at a time and material (T&M) cost basis. For the purpose of budgeting the CONSULTANT has assumed similar conditions to the NESA Perimeter Wellfield task. For the purpose of budgeting the CONSULTANT has assumed an estimated design cost per well (minimum 7 additional wells) as follows: Type of Well Cased Depth (ft BLS) Total Depth (ft BLS) Approx. Cost Freshwater Wells 60 to 90 100 to 130 $35,000 Brackish water Wells 300 to 400 400 to 500 $36,500 Brackish water Wells 650 to 800 800 to 1,000 $38,000 ■ Additional design of transmission mains, during the progress of the Project if opportunities arise in which the OWNER wishes to extend the transmission main the CONSULTANT will provide services at a T&M cost basis. For the purpose of budgeting the CONSULTANT has assumed similar conditions to the NESA Perimeter Wellfield task. For the purpose of budgeting the CONSULTANT has assumed a design cost of$23.40 per linear foot based on a minimum distance of 10,500 feet. This cost is based upon survey,geotechnical, permitting and design of the pipeline.This assumes the pipeline consist of a single pipeline along the alignment. TASK 8- PERMITTING Subtask 8.1- Ecological Field Surveys and Data Collection Ecological field surveys and data collection includes activities related to conducting field reviews of the project site to map the vegetative habitats,flag wetland lines, conduct listed species survey, and prepare the U.S.Army Corps of Engineers wetland data sheets as part of site planning.These activities include: Subtask 8.1.1 Florida Land Use, Cover and Forms Classification System and Wetland Map CONSULTANT will conduct field review to map existing features per Florida Land Use, Cover and Forms Classification System, identify wetland and other surface water features, and estimate percent cover of exotic and nuisance vegetation. Subtask 8.1.2 Florida Land Use, Cover and Forms Classification System and Wetland Map for 25± Feet of Selected Water Transmission Main Alignment Page 12 of 18 CAU CONSULTANT will conduct field review to map existing features within 25±feet of the selected pipeline alignment per Florida Land Use,Cover and Forms Classification System, identify wetland and other surface water features, and estimate percent cover of exotic and nuisance vegetation. Subtask 8.1.3 Flag Wetland Lines CONSULTANT will flag Florida Department of Environmental Protection (FDEP) and U.S.Army Corps of Engineers wetland lines and locate flagged wetland lines. Subtask 8.1.4 U.S.Army Corps of Engineers Wetland Data Sheets CONSULTANT will conduct site visit to collect data needed to prepare U.S.Army Corps of Engineers wetland data sheets which will be submitted to the U.S.Army Corps of Engineers. Subtask 8.1.5 Listed Species Survey CONSULTANT will conduct site visit to survey for protected species and review FWCC documented occurrences of listed species. Listed species observed on-site will be identified on Florida Land Use, Cover and Forms Classification System map. Deliverables(issued via electronic delivery in .pdf format): • Florida Land Use,Cover and Forms Classification System and Wetland Map • Florida Land Use,Cover and Forms Classification System and Wetland Map for 25± Feet of Selected Water Transmission Main Alignment • Listed Species Survey Letter Report • Aerial with Wetland Flag Locations • U.S. Army Corps of Engineers Wetland Data Sheets (one per wetland polygon plus upland interface U.S.Army Corps of Engineers Wetland Data Point Location Map Subtask 8.2- Florida Department of Environmental Protection and County Permitting The CONSULTANT will prepare permit applications for the construction of the designed work, meet with regulatory agencies to review the permit applications and provide responses to additional information requested by the regulatory agencies.The permits applications to be applied for the OWNER by the CONSULTANT are: • Florida Department of Environmental Protection Application for a Specific Permit to Construct Public Water Supply Components • Collier County site development plan including landscaping • Collier County Right-of-Way Permit(if applicable) Subtask 8.3- Water Use Permitting Subtask 8.3.1- Permit Modification The CONSULTANT will prepare the permit modification for the existing SFWMD well permit(11- 00249-W)for the wells in the South NESA Wellfield project.The permit will later be modified to incorporate the service area for the permit(11-00419-W)and to include both the NESA Perimeter Wellfield and the Immokalee Road Rural Village Wellfield. Page 13 of 18 Subtask 8.3.2- Pre-Application Meeting The CONSULTANT will coordinate with the OWNER and facilitate a pre-application meeting with the SFWMD to review the specific data that will be required for the WUP application for the new NESA Wellfield.As part of the preparation for that meeting, CONSULTANT will create a summary of the monitoring data that has been collected since the 11-00419-W permit was issued and the OWNER's latest population and flow projections. Deliverables(issued via electronic delivery in pdf format): ■ Pre-application Meeting Agenda and Presentation ■ Pre-application Meeting Minutes Subtask 8.3.3- Data Compilation,Analysis and Preparation The CONSULTANT will compile and analyze up to ten years of water level, chloride concentration, rainfall,and wellfield pumpage data collected by the OWNER and various agencies relevant to use of the Lower Tamiami aquifer from the OWNER's Golden Gate Tamiami Wellfield.The CONSULTANT will develop appropriate graphical representations of the compiled data in support of the renewal application. It is assumed that the OWNER will develop the potable and irrigation quality water demand projections and provide them to the CONSULTANT for use. Subtask 8.3.4- Preparation of Water User Permit Application Materials The CONSULTANT will prepare the water use permit application and supporting documentation for the new Lower Tamiami aquifer allocation WUP. Supporting documentation will include past and projected irrigation quality water use,demand justification,water level monitoring data, pumping data,wetland monitoring data and the OWNER's programmatic information. It is assumed the OWNER will pay the SFWMD permit application fee. Subtask 8.3.5- Groundwater Modeling The OWNER will be requesting an increase in the Lower Tamiami aquifer allocation for NESA wellfield sites.The CONSULTANT will perform groundwater modeling with up to three well pumping scenarios at the proposed Lower Tamiami aquifer allocation with Lower Tamiami aquifer production wells to determine if the increased allocation and the addition of new wells will adversely impact water and environmental resources within the area of review near the wellfield. Up to a total of five modelling runs will be performed to cover various pumping scenarios. To evaluate potential impacts due to the addition of new wells and increase in allocation,the CONSULTANT will perform up to three simulations using the updated Lower West Coast Surficial Aquifer Model. Groundwater model simulations will be performed using 15-years of continuous withdrawals. The results from groundwater modeling will be used to evaluate potential impacts due to the new operational reliability wells on water and environmental resources.The criteria are set forth in the latest version of SFWMD Applicant's Handbook for Water Use Permit Applications (AHWUP) dated September 7, 2015. From the SFWMD AHWUP,the water resource and environmental evaluation criteria are: Page 14 of 18 ■ Does not have adverse impacts to wetlands; ■ Does not induce saline water intrusion; ■ Does not interfere with other existing legal users; ■ Does not cause pollution of water resources;and ■ Does not have adverse impacts to water reservation—Picayune Strand (Section 3.11.1 in the AHWUP). The modeling results will be summarized in a technical memorandum and submitted to the SFWMD along with WUP application. Deliverables(issued via electronic delivery in pdf format): ■ NESA Wellfield Groundwater Modeling Technical Memorandum (Draft) ■ Signed and Sealed NESA Wellfield Groundwater Modeling Technical Memorandum Subtask 8.3.6- Response to Requests for Additional Information Given the nature (conventional water source) of the allocation to be renewed and the history associated with the permit, one or more requests for additional information may be expected.The exact nature of those requests cannot be anticipated with a high degree of accuracy.This task is based on receiving and responding to up to two requests for additional information on the work performed in Task 8. Use of funds in Task 7 is available for use at the discretion of the OWNER's project manager and will only be utilized upon written authorization to respond to additional requests for additional information or performed additional work beyond that in Task 8. Deliverables(issued via electronic delivery in pdf format): ■ Responses to Requests for Additional Information TASK 9-SURVEYING AND GEOTECHNICAL Subtask 9.1-Survey and Subsurface Utility Engineering Allowance CONSULTANT will utilize a subconsultant to perform the survey plan and subsurface utility engineering plan included as Attachment B. Subtask 9.2-Geotechnical Allowance CONSULTANT will utilize a subconsultant to perform the geotechnical investigation included as Attachment C. We anticipate that the geotechnical scope of work will include borings at 500 to 1000 foot spacing along the utility alignment. Borings will generally extend to 10 foot below ground surface or 2 feet below the pipe invert,whichever is greater. Open-cut construction is anticipated for all roadways and trenchless installations of canal crossings have been included in investigation and geotechnical design. Deliverables(issued via electronic delivery in .pdf format): ■ Existing Survey Drawing(to be incorporated in design plans) ■ Geotechnical Report Page 15 of 18 BASIS FOR FEE ESTIMATE AND ASSUMPTIONS The Task Authorization is based on the following: 1. The CONSULTANT will utilize the previous signed &sealed design (S&S) documents prepared by CDM Smith dated December 2009 and titled Northeast Regional Water Treatment Plant Wellfield Infrastructure Development. It is assumed that the existing survey data be updated. The design documents will also be updated for work completed onsite after the development of the technical documents. Drawings will be updated to incorporate new standards. 2. The CONSULTANT has the right to rely on the information provided by the OWNER, OWNER representatives, and OWNER's other Consultants without further evaluation. 3. The CONSULTANT will utilize the updated (c.2009) Lower West Coast Surficial Aquifer (LWCSAS) groundwater computer model. 4. The CONSULTANT will design and oversee an aquifer test program that will include installation of up to S Lower Tamiami Aquifer(LTA) monitor/test wells and 1 LTA production well, 1 Aquifer Performance Test(APT), and associated hydrogeological data analysis. The Consultant will prepare specification to construct the Lower Tamiami Aquifer test wells. The OWNER will utilize the specifications to contract with a Contractor to construct the test wells. The CONSULTANT will oversee the construction and testing of the wells and provide analysis of testing results. 5. This Project requires coordination with other Consultants that are not under contract by the OWNER,the CONSULTANT assumes that those Consultants will cooperate with the OWNER and CONSULTANT.The CONSULTANT assumes that the data provided by such Consultants is accurate and complete with no further evaluation by the CONSULTANT.The CONSULTANT assumes responses by the other Consultants to information request will be completed within 14 calendar days. 6. The CONSULTANT will utilize similar Non-Technical and Technical Specifications for each bid package prepared,with minimal changes to account for the quantities required for each bid packages. 7. The CONSULTANT will utilize the same details for each bid package prepared,with minimal changes to account for the quantities required for each bid packages. 8. CONSULTANT will use the OWNER'S current(April 2020) standards,standards details, standard specifications, design manuals and other internal documents for this Project. 9. The CONSULTANT assumes no changes to local, state,or federal rules and regulations that occur during this Project will impact the scope and budget. 10. The CONSULTANT assumes electrical and communications conduit(s)will be shown on the same drawing (plan)sheet as the pipeline. Page 16 of 18 11. CONSULTANT has not included easement assistance, property descriptions,or negotiation with property owners. 12. CONSULTANT will coordinate with NESA site and Big Corkscrew Island Regional Park consultants. 13. The CONSULTANT assumes the Contractor(s)will be providing stakeout services during construction. 14. The CONSULTANT has assumed that some existing surveys may be utilized from other ongoing projects by the OWNER on the NESA Site. For budgeting purposes,we have assumed 3,500 feet of pipeline corridor will have adequate survey data. 15. The CONSULTANT assumes each change order preparation in construction will require on average 15 total labor hours for review and processing. 16. The CONSULTANT assumes each shop drawing submittal and resubmittal will require on average 4 labor hours for review and processing. 17. The budget estimates provided in Task 6 are considered averages for the three wellfield contracts. 18. Directional boring will only occur under the canals within Project area. 19. Mitigation of impacts to wetlands will not be required on this Project. 20. The budget for Task 8 does not include species specific surveys and studies that may be required by permitting agencies. 21. The budget for Task 8 does not include consultation with the U.S. Fish and Wildlife Service for federally listed threatened and endangered species. 22. The budget for Task 8 does not include state permitting for listed species take or relocation. 23. The CONSULTANT assumes that the permitting for each wellfield will be conducted as one permit. For example, all the permitting for the 6 well sites on the South NESA Wellfield will be permitted together. 24. Resident Project Representative shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by CONSULTANT. 25. Resident Project Representative shall be part time to provide the Engineer of Record with adequate oversight to report completion of the Project. 26. The OWNER will be providing full time inspection services for each of the construction Projects contracts. 27. The CONSULTANT has assumed for budgeting purposes that the South NESA raw water transmission main and conduit,which is being designed by another Consultant(Grady Minor) Page 17 of 18 CAO under a separate contract,will be terminated five(5)feet outside the fence of the proposed well location. 28. The CONSULTANT assumes the Consultant designing the South NESA raw water transmission main and conduit will be responsible for locating valves and pull boxes at appropriate spacing and locations. 29. At the request of the OWNER boundary survey and topographic mapping for the NESA Perimeter Wellfield was eliminated from the scope of work. The OWNER will provide the CONSULATNT with Autocad files of the boundary survey and topographic mapping as well as signed and sealed boundary survey. If it is determined that boundary survey is required,the CONSULTANT will be compensated on a time and material basis. Page 18 of 18 CAO SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To- Exceed 1 Project Management $ $815,418.75 2 NESA Wellfield Preliminary Engineering $ $178,466.50 3 Hydraulic Modeling $ $33,000.00 4 Wellfield Design Services $ $2,828,624.00 5 Bidding Assistance Services $ $159,875.00 6 Construction Engineering Services $ $2,064,315.00 7 Additional Services $ $300,000.00 8 Permitting $ $485,595.00 9 Surveying and Geotechnicial $ $249,673.75 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $0 $ Total Time and Materials Fee $ $7,114,968.00 GRAND TOTAL FEE $7,114,968.00 $ $ Page 19 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 B.2.2. Er 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. 8.2.3. ❑* Lump Sum Fccs: The fees noted in Section 2.1. shall constitute the -ate to be paid to CONSULTANT for the performance of the Bak Services. 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 GAO 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 0 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 SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $240 Senior Technical Reviewer $215 Senior Project Manager $205 Project Manager $160 Senior Engineer $200 Engineer $165 Associate Engineer $120 Engineering Intern (Registered El) $100 Senior Inspector $105 Inspector $82 Ecologist Project Manager $115 Ecologist Project Principal $170 Ecologist $85 Senior Scientist $105 Landscape Architect $125 Senior Hydrogeologist $155 Hydrogeologist $120 Senior Designer $125 Designer $106 Senior GIS Specialist $145 GIS Specialist $110 Senior Administrative $90 Clerical/Administrative $75 Senior Technician $95 Technician $85 Surveyor and Mapper $135 CADD Technician $90 Survey Crew- 2 man $140 Survey Crew- 3 man $165 Survey Crew-4 man $200 Senior Architect $190 Architect $131 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 Number of Calendar Days For Completion Task/Item of Task from Date of Description Notice to Proceed (NTP) 1 Project Management 2487 2 NESA Wellfield Preliminary Engineering 120 3 Hydaulic Modeling 1128 4 Wellfield Design Services 1232 5 Bidding Assistance Services 1711 6 Construction Engineering Services 2487 7 Additional Services 2487 8 Permitting 1606 9 Surveying and Geotechnical 1128 TOTAL CALENDAR DAYS FOR PROJECT 2487 COMPLETION FROM NTP 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 I I 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? I I Yes n No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes 1■1 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 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, $2,000,00 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? I I 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 n No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? ICI Yes I I 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 1CA0 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? n 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 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, CDM Smith 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 " Design Services for the NESA Wellfield "project is accurate, complete and current as of the time of contracting. BY: TITLE: Pr(h C# DATE: 0/120 Page 30 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Jason Sciandra Principal 4% Gregory Isaacs Senior Project Manager 9% Lee Wiseman Senior Technical Reviewer 13% Jason Mills Senior Engineer 8% Clarice Sollog Senior Architect 1% Isaac Holowell Engineer 12% Andrew Ryan Senior Hydrogeologist 1% Lisa Bartlewski Senior Designer 10% Melanie Moore Hydrogeologist 1% Blake Harvey Associate Engineer 7% William Stevenson Senior Inspector 4% Isamar San Juan Engineer Intern 3% Somenath Datta Senior Technician 1% Gregory Hoch Inspector 3% Water Science Associates Subconsultant 23% Page 31 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 'CA() SCHEDULE G Other: (Description) ❑ following this page (pages through ) ❑■ this schedule is not applicable Page 32 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 CA() __-..m.41 ® �` o DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/26/2020 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 O BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED m 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). .c PRODUCER CONTACTNAME: -0 Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 FAX 800-363-0105 t Boston MA office (A/C.No.Ext): (A/C.No.): -0 53 State Street E-MAIL Suite 2201 ADDRESS: _ Boston MA 02109 USA INSURER(S)AFFORDING COVERAGE NAIC# -INSURED INSURER A: LM Insurance Corporation 33600 CDM Smith Inc. INSURERB: Liberty Insurance Corporation 42404 75 State Street Suite 701 Boston MA 02109 USA INSURER C: Liberty Mutual Fire Ins Co 23035 INSURERD: ACE Property & Casualty Insurance Co. 20699 INSURERE: Lloyd's Syndicate No. 2623 AA1128623 INSURER F: Commerce & Industry Ins Co 19410 COVERAGES CERTIFICATE NUMBER:570083658918 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY/ (MM/DD/YYYY)) LIMITS B X COMMERCIAL GENERAL LIABILITY Y TB7611B8T8Z6040 01/01/2020 01/01/2021 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 m POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $4,000,000 m 0 OTHER: o C Y AS2-611-B8T8Z6-060 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $2,000,000 (Es accident) X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) d) AUTOS ONLY AUTOS i6 HIRED AUTOS NON-OWNED PROPERTY DAMAGE 0 ONLY AUTOS ONLY (Per accident) a) cu O X UMBRELLA LIAB X OCCUR XEUG28194687004 01/01/2020 01/01/2021 EACH OCCURRENCE $5,000,000 U EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION A WORKERS COMPENSATION AND WA561DB8T8Z6010 01/01/2020 01/01/2021 x PER STATUTE OTH- EMPLOYERS'LIABILITY YIN AOS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 A OFFICER/MEMBER EXCLUDED? N N/A wc5611B8T8z6020 01/01/2020 01/01/2021 (Mandatory in NH) WI E.L.DISEASE-EA EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— MI DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) '-Y+ RE: For any and all work performed on behalf of Collier County, Contract No. 19-7583. Collier County Board of County 0 Commissioners or Board of County Commissioners in Collier County or Collier county Government are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. Umbrella Liability policy is follow-form. ki CERTIFICATE HOLDER CANCELLATION N--SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE —"' EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Og POLICY PROVISIONS. NE--� Collier county Board of county AUTHORIZED REPRESENTATIVE 4 Commissioners irrt 3295 Tamiami Trail E. �1 /+ /� + Naples FL 34112 USA Fyn i''k- /J� �j ,Q y� WE eYlosa L�a1r�c c//p�j a/ - ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10518329 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. CDM smith Inc. POLICY NUMBER See Certificate Number: 570083658918 CARRIER NAIC CODE See Certificate Number: 570083658918 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION LIMFPs LIE TYPE OF INSURANCE INSD WVU DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) WORKERS COMPENSATION B N/A WA761DB8T8Z6030 01/01/2020 01/01/2021 MA & PR OTHER E Archit&Eng Prof PSDEF2000033 01/01/2020 01/01/2021 Each Claim $1,000,000 Professional/Claims Made Aggregate $1,000,000 ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10518329 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. CDM Smith Inc. POLICY NUMBER See Certificate Number: 570083658918 CARRIER NAIC CODE See Certificate Number: 570083658918 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Professional Liab Policy # PSDEF2000033 Beazley (Syndicates 2623/0623) - 37.5% BRIT (Syndicate 2987) - 31.25% Ms Amlin (Syndicate 2001) - 12.5% Munitus (Syndicate 4242) - 12.5% Re/Rn (Syndicate 1458) - 6.25% ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TB7611 B8T8Z6040 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or equipment include as an additional insured the person(s) or furnished in connection with such work, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or with respect to liability for "bodily injury", "property repairs) to be performed by or on behalf of the damage" or "personal and advertising injury" additional insured(s) at the location of the caused, in whole or in part, by: covered operations has been completed; or 1. Your acts or omissions; or 2. That portion of "your work" out of which the 2. The acts or omissions of those acting on your injury or damage arises has been put to its behalf; intended use by any person or organization other than another contractor or subcontractor in the performance of your ongoing operations for engaged in performing operations for a principal the additional insured(s) at the location(s) as a part of the same project. designated above. C. With respect to the insurance afforded to these However: additional insureds, the following is added to 1. The insurance afforded to such additional Section III —Limits Of Insurance: insured only applies to the extent permitted by If coverage provided to the additional insured is law; and required by a contract or agreement, the most we 2. If coverage provided to the additional insured is will pay on behalf of the additional insured is the required by a contract or agreement, the amount of insurance: insurance afforded to such additional insured 1. Required by the contract or agreement; or will not be broader than that which you are required by the contract or agreement to provide 2. Available under the applicable Limits of for such additional insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional This endorsement shall not increase the applicable exclusions apply: Limits of Insurance shown in the Declarations. This insurance does not apply to "bodily injury" or "property damage"occurring after: CG 20 10 04 13 © ISO Properties, Inc., 2012 Page 1 of 2 ❑ SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Person or Organization to whom you become Per the contract or agreement obligated to include as an Additional Insured as a result of any contract or agreement you enter into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB7611B8T8Z6040 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization to whom you become per contract or agreement obligated to inclulde as an additional insured as a result of any contract or agreements you enter into Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB7-61 1-B8T8Z6-040 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT—SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV— Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same"occurrence", claim or"suit". Schedule Name of Person(s)or Organization(s): Any person(s) or organization(s) to whom you are obligated by a written agreement to procure Additional Insured coverage under your policy. LC 24 2011 18 ©2018 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Policy Number TB7-611-B8T8Z6-040 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ I Email Address or mailing address: Number Days Notice: Organization(s): A Schedule of each person or 30 Organization provided to us by the First Named Insured within 15 days of written cancellation notice received by the First Named Insured for any reason other than nonpayment of premium As Required by Written Contract A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS2-611-B8T8Z6-060 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Blanket-as required by 30 written contract A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CHUBB" NOTICE OF CANCELLATION TO OTHERS — SPECIFIED PARTIES Named Insured Endorsement Number CDM Smith,Inc. 017 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XEU G28194687 004 of/oi/2o2o to of/oi/2021 of/oi/2o2o Issued By(Name of Insurance Company) ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: ENHANCED COMMERCIAL UMBRELLA LIABILITY POLICY The policy is amended as follows: Section VI.CONDMONS,is amended to add the following: • Notice to Others 1. If we cancel the Policy prior to its expiration date by notice to you or the first "Named Insured" for any reason other than nonpayment of premium,we will,as set out below, send written notice of cancellation, via such electronic or other form of notification as we determine,to the persons or organizations listed in the schedule set out below (the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. 2. We will send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 3o days prior to the cancellation date applicable to the Policy. 3. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage.We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. 4. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization,then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. 5. We may arrange with your representative to send such notice in the event of any such cancellation. 6. You will cooperate with us in providing, or in causing your representative to provide,the e-mail address and physical address of the persons or organizations listed in the Schedule. 7. This endorsement does not apply in the event that you cancel the Policy. XSE-52238(04/19) Page 1 of 2 SCHEDULE Name of Person or Entity E-Mail Address Physical Address Per schedule on file with the Producer noted on the Declarations,provided such schedule is provided to us by such Producer at the time the Producer is notified of cancellation as referenced above. All other terms and conditions of the policy remain unchanged. Authorized Representative XSE-52238(04/19) Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule on file with Broker Per Schedule on file with Broker 30 All other terms and conditions of this policy remain unchanged. Issued by LM Insurance Corporation For attachment to Policy No. WA5-61D-B8T8Z6-010 Effective Date: 1/1/2020 Premium$ Issued to CDM Smith Inc. WM 90 18 06 11 ©2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/01/2011 All Rights Reserved