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#20-7795R (Capital Consulting Solutions, LLC)
PROFESSIONAL SERVICES AGREEMENT Contract# 20-7795 for Design Criteria for Tiger IX Grant Project (Immokalee Complete Streets) THIS AGREEMENT is made and entered into this S day of v_cfky,bw, 20 20 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Capital Consulting Solutions, LLC authorized to do business in the State of Florida, whose business address is 9010 Strada Steil Ct, Suite 108, Naples, Florida 34109 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESS ETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Criteria for Tiger IX Grant Project (Immokalee Complete Streets) (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. Page 1 of 32 PSA_CCNA Single Project Agreement_Ver.4 ICAO 1 .3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1 .4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1 .5. CONSULTANT designates Adam Ahmad, PE, AICP, GC 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_Ver.4 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(&_colliercountyfl.gov 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 Page 3 of 32 PSA_CCNA Single Project Agreement_Ver.4 ��O 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 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 Page 4 of 32 PSA CCNA Single Project Agreement_Ver.4 this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1 .1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1 .2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, 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. 2.1 .3 Providing renderings or models for the COUNTY's use. 2.1 .4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1 .5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1 .6 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. 2.1 .7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1 .8 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). 2.1 .9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE 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 Page 5 of 32 PSA_CCNA Single Project Agreerent_Ver.4 l��e� authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the 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 Page 6 of 32 PSA_CCNA Single Project Agreement_Ver.4 l 1 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 precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1 . Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 7 of 32 PSA_CCNA Single Project Agreement_Ver.4 GAO 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 Grant- raced: Vitae-h l-y-ra ys-as-set-fefth-aR-i4 ntified4R-SeheEIle which is attache es-ef-tarev-i quire4-by the gra+tof ageneY- 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 Page 8 of 32 PSA_CCNA Single Project Agreement_Ver.4 C�v` CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1 . 8.2. 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. Page 9 of 32 PSA_CCNA Single Project Agreement_Ver.4 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 . The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship 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 Page 10 of 32 PSA_CCNA Single Project Agreement_Ver.4 0 11 .1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1 , then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 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 Page 11 of 32 PSA_CCNA Single Project Agreement_Ver.4 written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. 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 Page 12 of 32 PSA_CCNA Single Project Agreement_Ver.4 required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Transportation Engineering Division Division Director: Jay Ahmad Address: 2885 South Horseshoe Drive Naples, FL 34104 Administrative Agent/PM: Bee Thao, Senior Project Manager Telephone: (239) 252-5844 E-Mail(s): Bee.Thaoacolliercountyfl.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: Capital Consulting Solutions, LLC Address: 9010 Strada Steil Ct, Suite 108 Naples, Florida 34109 Attention Name & Title: Adam Ahmad, Owner Telephone: 239-273-8894 E-Mail(s): info©capitalengr.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. Page 13 of 32 PSA_CCNA Single Project Agreement_Ver.4 ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 20-7795R , 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 Page 14 of 32 PSA_CCNA Single Project Agreement_Vcr.4 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. 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." Page 15 of 32 PSA_CCNA Single Project Agreement_Ver.4 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21 .1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA_CCNA Single Project Agreement_Ver.4 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. Kinzeb.grerrle,gf Courts & Comptroller By By: Se„,e/A:44,1114— : ..$,-ETI Aimmunik 10F41' Date: t fgthlitiure I 961Y.-11--- XW) Burt L. Saunders , Chairman A a to Fnn nd Legality: 41/ County Attorney —re Name Consultant: Capital Consulting Solutions, LLC Consultant's Witnesses: By Witness cLI Qdi akrwad c(/''fi Name and Name and Title Witness 1)3,0 tti 1) l e Name and Title l'oge 3 7 of 32 F.SA_CCNA Smgle Project Agreement Ver 4 SCHEDULE A SCOPE OF SERVICES ■I following this page (pages 1 through 16) Page 18 of 32 PSA_CCNA Single Project Agreement_Ver.4 et) SCHEDULE A Scope of Professional Services 20-7795 Design Criteria for Tiger IX Grant Project Immokalee Complete Streets 1.0 INTRODUCTION COLLIER COUNTY requires the services of a CONSULTANT to assist them with preparation of a Design Criteria Package (DCP) and Lighting Justification Report (LJR) for the Design-Build of the TIGER IX Grant: Immokalee Complete Streets — Growing Connections to Create Mobility Opportunities (hereinafter referred to as "TIGER") Project. The $16,415,864 million grant was received from the U.S. Department of Transportation's (USDOT) as part of their Transportation Investment Generating Economic Recovery (TIGER) 2017 discretionary grant program. The Immokalee Complete Streets Design-Build Criteria Package will be used by COLLIER COUNTY to solicit bids from potential Design-Build Teams. The scope of work includes: Performing a field review and data evaluation of the planned projects listed in the Complete Streets Initiative TIGER Grant application, location, alignment, project limits, prescribe typical section elements, design controls and criteria, controlling roadway and traffic design standard, bicycle and pedestrian design including ADA requirements, drainage, bus stops, bus transfer facility, stormwater management retention, and disposal, permitting services, environmental assessment services, structural design, signing and pavement marking, lighting, landscaping, material quality standards, cost estimates, design and construction schedules, identification of all Utility Agency Owners, utility provisions for water and wastewater, surveying, geotechnical exploration, right-of-way provisions, and technical specifications. The Conceptual Plans package are not meant to be a final set of construction plans. The plans are only a representation of the Owner's intent and a concept acceptable to the respective regulatory agencies with jurisdiction over the project. A Lighting Justification Study is also in the scope to analyze the existing lighting system and determine where improvements are needed throughout the project limits. 2.0 TASKS: SERVICES TO BE PERFORMED In accordance with the general scope of Basic Services stated herein, the CONSULTANT shall perform services necessary to complete the following tasks: Task Index 1 .0 Topographic Survey 2.0 Geotechnical Survey 3.0 Traffic Survey 4.0 Lighting Justification Study 5.0 Design Criteria Package — Complete Streets (DCP) 6.0 Design Criteria Package — Bus Transit Station (DCP) Page 1 of 16 Schedule A- Scope of Services 7.0 Minimum Technical Requirements (MTR) 8.0 Traceability Verification Matrix (RTVM) 9.0 Construction Estimate 10.0 Procurement Support Task 1.0 — Topographic Survey 1.1 Limited Preliminary Design Survey The work required as part of this task shall include obtaining limited survey data which will be used in developing the Conceptual Plans Package and Engineers Opinion of Cost. The services to be performed in this task shall include: 1 .1 .1 The Consultant, and/or its subconsultant, shall perform an initial records review of County documents to identify and determine what information is available, i.e. horizontal, and vertical control points, existing right-of-way maps, etc. 1 .1 .2 The Consultant, and/or its subconsultant, shall perform a field review to determine if the control points are recoverable in the field for use by the successful Design-Build team. 1 .1 .3 The Consultant, and/or its subconsultant, shall perform limited, preliminary field survey services necessary to obtain preliminary cross sections (at intervals established during the initial field review), which will be used to establish existing grade elevations at various locations within the proposed project limits. 1 .1.4 The Consultant, and/or its subconsultants, shall not perform a full design survey, only sufficient survey to assist with establishing project limits as well as conceptual plans and quantities such as earthwork. 1.2 Boundary Survey (CAT Parcel) The Boundary Survey shall be prepared as follows: 1.2.1 The Boundary Survey will define the existing boundary lines. The Boundary Survey will be prepared in accordance with the minimum standard set forth by the Florida Board of Land Surveyors, pursuant to Section 472.027, Florida Statues and Chapter 5J-17, Florida Administrative Code. 1 .2.2 Review section B-2 of the Title Commitment as furnished by the Client's Legal Counsel as to easements that encumber the Projects. The Client shall provide RWA with the Title Commitment 10 days before the boundary survey is due to be completed. 1 .2.3 Perform GPS observations to establish site location to the Florida State Plane Coordinate System, East Zone, 1983 North American Datum as required by Collier County, LDC. Page 2 of 16 Schedule A- Scope of Services 1.3 Survey Coordination This task is for the coordination with the survey staff regarding project requirements, review of survey data, and scheduling. The hours estimated for this task are directly related to the level of survey needed for the project. 1.4 Aerial Photography This task includes all the coordination necessary in ordering aerial photography, and the reviewing of the product. Deliverables 1.0 • Limited Preliminary Design Survey (Complete Streets) — MicroStation CADD • Boundary Survey (CAT Parcel) - MicroStation CADD Task 2.0 — Geotechnical Survey 2.1 Geotechnical Data Collection Review published soils and topographic information for the project vicinity as well as existing geotechnical information, if available. Identify the reported soil types present along the project limits. 2.2 Geotechnical Study Perform a limited geotechnical study consisting of test borings and laboratory testing. Based on our understanding of the project, we propose the following: 2.2.1 Perform on the order of sixty (60) hand auger borings to a depth of 5-feet below existing grades along areas of proposed sidewalk, drainage swale and shared used path (SUP) improvements (assume 1-boring every 1 ,000 lineal feet for the SUP, assume 1-boring every 2,000 lineal feet for sidewalk/drainage improvements). 2.2.2 Perform on the order of five (5) field permeability tests within areas of proposed drainage swale improvements (assume 1-field permeability test every 10-borings for sidewalk/drainage improvements). 2.2.3 Perform five (5) asphalt pavement core borings in order to provide general information of the existing pavement section along the areas of proposed the Bike Boulevard (assume 1-core every mile). Additionally, a hand auger boring will be performed to a depth of 5-feet below the bottom of the base material to verify subgrade at these locations. 2.2.4 Provide MOT services as required in accordance with the FDOT Standard Plans Indices. Page 3 of 16 Schedule A- Scope of Services 2.2.5 Perform limited laboratory testing for soil classification as needed. 2.2.6 Perform five (5) Limerock Bearing Ratio (LBR) tests along the SUP alignments. 2.2.7 Perform five (5) Environmental Classification tests to establish general corrosion characteristics of the soils present along the alignments. 2.2.8 Measure the groundwater level encountered within the borings. 2.3 Geotechnical Engineering Report Prepare an engineering report that includes the course of study pursued, the field and laboratory data generated, and summarizes the subsurface conditions encountered. Deliverables 2.0 • Signed & Sealed Geotechnical Engineering Report Task 3.0 — Traffic Survey 3.1 Traffic Data Collection The Consultant shall collect 24-hour continuous traffic machine volume counts with fifteen-minute subtotals and hourly totals at twenty-one (21) locations as shown on the count location map. The Consultant shall count the locations according to their directional or nondirectional characteristics. All directional counts at a particular station location must be counted on the same day and hour to be usable and during the weekday period Monday P.M. through Friday A.M. The Consultant shall contact the Project Manager for count periods approaching holidays and special occasions. The Consultant shall supply portable automatic traffic counters that use road tubes or loop sensors. The traffic counters shall be capable of collecting data in fifteen minute and hourly intervals, outputting the data to a printer, and providing the time and day for each location counted. Deliverables 3.0 • Traffic Engineering Counts Data at 21 Locations Task 4.0 — Lighting Justification Study (US) The LJS will include the following corridors: • Lake Trafford Road (from SR29 to North 9th Street) • Immokalee Drive (from SR 29 to Madison Ave) Page 4 of 16 Schedule A- Scope of Services • Roberts Ave (from SR29 to New Market Street) • New Market Road (from SR29 to Pinellas Street) • Jefferson Ave (from Roberts Ave to Pinellas Street) • N. 11th Street (from SR29 to Lake Trafford Road) • N. 9th Street (from SR29 to Immokalee Drive) • N. 1st Street (from SR29 to Immokalee Drive) 4.1 Field Review/Inventory of Existing Lighting System Analyze and document the existing lighting system along the corridors listed above. Coordinate with Florida Power and Light (FPL), Lee County Electric COOP (LCEC), the Immokalee Community Redevelopment Agency (CRA), and Municipal Service Taxing Unit (MSTU). 4.2 Lighting Justification Report The CONSULTANT shall prepare a Lighting Justification Report. (LJR) The report shall be submitted under a separate cover with the Phase I plans submittal, titled Lighting Justification Report. The report shall provide analyses for mainlines, and arterial roads and shall include all back-up data such that the report stands on its own. Back up data shall include current ADT's, general crash data average cost from the Florida Highway Safety Improvement Manual, crash details data from the last three years, and preliminary lighting calculations. The report shall address warrants to determine if lighting warrants are met and shall include a benefit-cost analysis to determine if lighting is justified. The report shall include calculations for the night-to-day crash ratio as well as a table summarizing the daytime and the night-time crashes. The report shall follow the procedures outlined in the FDOT Manual on Uniform Traffic Studies (MUTS) manual which utilize ADT, Three Year Crash Data, night/day crash ratio, percentage of night ADT, etc. 4.3 Concept Plans The CONSULTANT shall provide all professional services and develop concepts plans for the lighting portion of the DCP and documents for all work within the Project limits. Services shall include, but are not limited to, lighting plans for permanent facilities, layouts, typical sections, key sheet, quantities (including lighting quantities) 4.4 Public Meeting Conduct Public Meetings/Workshops to inform and gather information from stakeholders of the future lighting costs, benefits, and possible millage rate increase for the operation and maintenance of the new system. Deliverables 4.0 • Draft LJR Electronic Submittal • Draft Final LJR Electronic Submittal • Final JJR Electronic Submittal • Draft Concept Plans Electronic Submittal Page 5 of 16 Schedule A- Scope of Services • Draft Final Concept Plans Electronic Submittal • Final Concept Plans Electronic & MicroStation Formal Submittal • Public Meeting Record File(s)- Comments/Response Electronic Submittal Task 5 Design Criteria Package Complete Streets 5.1 Review of Previous Studies 5.1.1 Review of Previous Studies This task includes coordinating with the COUNTY and other agencies, with the COUNTY' S approval, in obtaining and reviewing previous studies such as corridor studies, subarea studies, Master Plans, and adjacent studies to the project. 5.1.2. Kick-Off Meeting Conduct a kickoff meeting with the County staff to confirm projects and add/delete projects as necessary. At this meeting the team will define and document the goals and objectives for the project 5.2 Existing Conditions Analysis 5.2.1 Data Collection This task consists of collecting data describing existing roadway conditions and characteristics. It includes the review of all relevant data with regards to the existing roadway, including but not limited to plans, pavement reports, and existing ROW, tax and maintenance maps, as well as data related to modes and sub-modes of transportation. This data will be analyzed to determine transportation deficiencies as they relate to the needs and objectives of the project. This also includes the development of exhibits such as a Project Location Map and Corridor Maps as necessary. 5.2.2 Field Reviews This task consists of conducting field observations to review existing conditions and obtaining data required to understand the study area. 5.3 Perform Preliminary Utility Coordination The work required as part of this task shall include identifying existing utility services within the project limits (One Call) and establishing a database of information for inclusion in the RFP. This task does not include above ground survey, subsurface utility locates or obtaining utility plans from utility companies. • The Consultant shall identify (One Call) and contact those utility companies with utility services anticipated within the project limits. This contact shall include an Page 6 of 16 Schedule A- Scope of Services initial letter notice to the anticipated utility company to verify they have services within the project limits and inform them of the proposed project(s). • The Consultant shall forward a set of the Conceptual Plans (once RFP is advertised) to the utility companies with services within the corridor to obtain mark- ups of potential utility type, size, and location. This information will not be available to bidders but will be available for use by the successful bidder. This is being done as an effort to help expedite the design process. 5.4 Perform Preliminary Environmental Clearance, Permit Determination The work required as part of this task shall include gathering available environmental data and permit information (provided by Collier County) to be included in the RFP Package. The services to be performed in this task shall include: • The Consultant shall review the documentation related to the environmental constraints identified within the project(s) limits and provide comments as it relates to the projects and the intent of the Design-Build RFP Package. • The Consultant shall be available for and participate in (if requested) a field review with Collier County staff and/or their Environmental Consultant to review the environmental constraints identified that will be submitted as part of the RFP Package. • The Consultant shall include environmental information and permit information/requirements (provided by Collier County) in the RFP Package. 5.5 Project Layout Sheets The TIGER Project will provide surface transportation improvements to the Immokalee community. The work required as part of this task shall include developing preliminary plans package to depict the intent of the project. • Sidewalks • Bike Boulevard Network • Shared-Use Path • Street Lighting (Including Intersections) • Drainage Improvements • Landscaping • Intersection Enhancing Treatments • Bus Stop/Shelters Locations The Consultant shall prepare a Project Layout Sheet(s) for the TIGER Project. The Project Layout Sheet(s) shall include the entire length of the TIGER Project limits and clearly identify all signalized intersections within the PROJECT limits. The Consultant is responsible for obtaining Page 7 of 16 Schedule A- Scope of Services all base mapping needed to develop the Project Layout Sheet(s) for the project corridor. The Consultant is responsible for obtaining any plans they determine are in the Division's possession. The Consultant shall submit the Project Layout Sheet(s) for two (2) reviews by the Division. The Consultant shall prepare a Conceptual set of plans which will include basic (planning level) information related to the location, type and limits of the planned projects. • The Conceptual Plans (horizontal layout on aerial photos) should delineate the intent of the proposed project(s). • The typical sections should define project features such as sidewalks, pathways, bike lanes and shoulders. • Above ground (visible) facilities (outfall drainage pipes, valve covers, man holes, poles etc.) located within the project limits and identified during the initial field review should be shown on the plans and labeled with desired resolution (remove, replace, extend, adjust etc.) • Additional notes and details will be added as appropriate to clarify the intent of the project(s) to the Design-Build Teams. Note: o Drainage details or plans will not be provided o MOT details or plans will not be provided o Lighting details and plans will not be provided o Utility Adjustment details and plans will not be provided o Signing and Marking details and plans will not be provided The Design-Build Teams will be responsible for all plans and details necessary for Final Design Approval and Permitting. The Design-Build Teams will be responsible for providing As-Built Plans upon project completion. Deliverables: • Draft DCP documents - Electronic copy • Draft Final DCP Documents - Electronic copy • Final DCP Documents - Electronic copy • Final DCP • Preliminary RTVM • Final Project Layout Sheet(s) • Final Project Design Requirements Technical Memorandum • Final Construction Estimate • Disc of all files in PDF and original format Page 8 of 16 Schedule A- Scope of Services 6.0 6.0 — Design Criteria Package — Bus Transit Station (DCP) 6.1 Design Phase Survey (CAT Parcel) 6.1 .1 Consultant shall collect topographic information for the portion of the parcel to be converted to the Cat Transfer Station. Survey information and collect data that will include: 6.1.2 Collect spot elevations of existing improvements within the specific portion of the project parcel and at proposed points of connections for utility and traffic connections. 6.1.3 Locate and collect spot elevation of the above-ground visible existing improvements within the rights-of-ways adjacent to the subject parcels and within the existing developed limits. 6.2 Easement Descriptions (CAT Parcel) 6.2.1 Consultant will prepare easement sketches and descriptions for proposed utility infrastructure improvements. It is assumed there will be three (3) separate easement documents that will be required for the Project. 6.3 Design Development (CAT Parcel) 6.3.1 These services will include providing preliminary professional planning, civil engineering, and surveying consultation. Expected services to include the following: 6.3.2 Consult with County to clarify and define development goals and requirements for the Project and review new Project information. 6.3.3 Review information provided by County and/or collect available information from public records about the existing property, surrounding area, and adjacent parcels as applicable to the proposed Project. 6.3.4 Prepare for and attend up to two (2) project team meetings with County to review proposed site plans, project budgets, schedules, and other similar project parameters. These meetings will generally clarify and refine the requirements for Project and allow the project team to discuss items of importance and upcoming major action items. 6.3.5 Consultant will prepare one (1) master infrastructure plan for potable water, sanitary sewer, fire protection, storm drainage and surface water management facilities. The purpose of this effort is to define the overall design scheme and layout for presentation to the County and to collect County input. 6.3.6 Develop a utility routing scheme and preliminary routing that will provide potable water service and fire protection for the final site plan. Page 9 of 16 Schedule A- Scope of Services �`� c 6.3.7 Develop a utility routing scheme and preliminary lift station location (if required) that will provide sanitary sewer service for the final site plan. 6.3.8 Develop a drainage scheme and including preliminary site grading that will provide positive drainage and comply with surface water management criteria for the final site plan using Collier County and SFWMD standards. 6.3.9 Final approval of the master infrastructure plan by the County will be required prior to starting the 60% Design documents. 6.4 Interagency Coordination (CAT Parcel) 6.4.1 Consultant shall provide and participate in assistance to the County for coordination with various federal, state, county, or local authorities. The Consultant will provide the following services: 6.4.2 The identification of necessary approvals and permits as they apply to the project. 6.4.3 Attend necessary pre-application meetings with regulatory agencies. 6.4.4 Prepare a written summary of findings from meeting with the agencies. 6.5 Civil Engineering - 60 Percent Design (CAT Parcel) 6.5.1 Consultant shall provide civil engineering design and documentation for the Project in compliance with all local, state, and federal codes. As part of these services, Consultant shall: 6.5.2 Attend design meetings as requested by County. 6.5.3 Prepare and evaluate various design solutions appropriate to design phase. Revise documents and specifications to incorporate approved changes as required. 6.5.4 Establish civil engineering design criteria based on industry standard and any special criteria provided by County. 6.5.5 Develop draft specifications for design phase. 6.5.6 Prepare budget estimate for design phase to ensure consistency with design intent. 6.5.7 Consultant shall provide 60 Percent Design Documents to include: 6.5.8 Site Demolition / Removal Plan - Provide a plan to show the items that need to be removed and demolished as part of the construction. The plan shall note items to be protected and salvaged. 6.5.9 Site Plan — Provide a drawing which utilizes coordinate geometry to locate proposed site infrastructure improvements. 6.5.9.1 Design Standards and Criteria for foundation, slabs, Page 10 of 16 Schedule A- Scope of Services architectural finishes, and geotechnical recommendations and reports for the transfer station facility; 6.5.9.2 Design for Transfer area sawtooth bays; 6.5.9.3 Design for site and platform area LED Lightning; 6.5.9.4 Design for site ingress/egress with controlled access; 6.5.9.5 Design criteria for bus turnaround access; 6.5.9.6 Design criteria for waiting area platform; 6.5.9.7 Design criteria for bathroom facilities; 6.5.9.8 Design criteria for technology; display, kiosks passenger information, security cameras and Wi-Fi. 6.5.10 Grading and Drainage Plan — Prepare a site grading plan for the building, parking areas, access drives, sidewalks, patios, courtyards, pool areas, etc. The grading plan shall include existing and proposed topographic contours, spot elevations, emergency overflow locations and establish location and grades of retaining walls (top and bottom at grade). Provide grading and drainage plan necessary for removal of storm water from Project site. The grading plan must conform to local standards and design criteria furnished by the Owner or Project Tenant. The drainage plan and calculations must conform to all necessary requirements for permitting. 6.5.11 Erosion Control Plan, Storm Water Pollution Prevention Plan (SWPPP) — Provide an erosion control plan and details as required by the city/county/state/watershed district, etc. This plan may be incorporated into the grading plan if warranted. 6.5.12 Storm Drainage Plan — A storm drain plan will be prepared that includes storm sewer piping, manholes and area drains necessary for site drainage and removal of storm water from the site. The location of lines (horizontal and vertical) to the building for roof drain and/or downspout collection will be specified by the County. Downspouts shall be tied-in to the underground storm sewer system at each location. The design and layout of subsurface drainage systems including cleanouts (if required) will be included as part of this plan. This plan may be incorporated into the grading plan or utility plan if warranted. 6.5.13 Utility Plan— Provide a utility plan for the installation of on-site water mains necessary for fire and domestic service. Water services and sanitary sewer service will be provided to within five (5) feet of proposed buildings and designed to meet local regulatory standards. Sanitary sewer laterals will be extended to within five (5) feet of building. Provide fire hydrants with proper spacing. 6.5.14 Plan and Profile Drawings (if required by the regulatory agency) - Provide plan and profile drawings for the utilities to be constructed as part of the Project. Page 11 of 16 Schedule A- Scope of Services CnO 6.5.15 Paving Plan— Provide a paving plan that shows proposed pavement with different pavement thicknesses delineated and spot elevations at curb lines, finished surface transitions (high and low points), pavement edges, and within and along the edges of critical paved areas. Prepare paving and curb details as part of this plan. 6.5.16 Stormwater Management Plan — A stormwater management plan will be prepared as required by the authority having jurisdiction to meet the standards established. 6.5.17 Code Minimum Landscape and Irrigation — A landscape and irrigation will be prepared as required by the authority having jurisdiction to meet the standards established. 6.5.18 Details — Standard (per regulatory agency) and project specific details for all design documents that Consultant develops shall be provided. 6.5.19 Prepare a design criteria package containing necessary information to be used in the solicitation of a Design Build request for proposal on the subject project site. Task 7.0 — Minimum Technical Requirements (MTR) The Consultant shall conduct a field review of the TIGER Project to identify the specific improvements to be included. The Consultant shall prepare and submit to the Division a brief technical memorandum, entitled, "TIGER IX Grant Design Requirements," documenting the services required. This should include the following criteria: • Develop criteria for pavement repair or rehabilitation of sidewalks, shared-use path, drainage improvements, lighting, and bike boulevard network. • Detailed inventory of existing roadway features (curb and gutter, shoulders, drainage system (open/close), sidewalks, swales, named canals, utility type (public and private), street lighting, median type, driveways, fencing, walls, bridges, etc.) • Describe existing features • Define work required at each intersection requiring enhancing improvements • Define and develop the detail technical requirements for the bus transfer station and bus shelters Division Responsibility The Division will review and comment upon, as appropriate, the Consultant's submittal of the individual project design requirement technical memorandum. Deliverables • Draft Project Design Requirements Technical Memo - Electronic Copy Page 12 of 16 Schedule A- Scope of Services • Draft Final Project Design Requirements Technical Memo - Electronic Copy • Final Project Design Requirements Technical Memo - Electronic Copy Task 8.0 — Traceability Verification Matrix (RTVM) The Consultant shall prepare the RTVM. The RTVM is a matrix of the contract requirements as detailed in the DCP and applicable Specifications. The RTVM shall detail the verification method for all contract requirements using one (1) of the four (4) verification methods: analysis, demonstration, inspection, and testing. The DBF will use the RTVM to document when contract requirements are met. The DBF will also use the RTVM to develop the Test Evaluation Matrix (TEM) and test plans for cross-referencing contract requirements with test steps. Division Responsibility The Division will review and comment upon, as appropriate, the Consultant's submittal of the RTVM. Deliverables - Initial RTVM - Electronic copy - Final draft RTVM - Electronic copy - Final RTVM - Electronic Copy Task 9.0 — Construction Estimate The work required as part of this task shall include developing a preliminary Engineers Opinion of Cost that will be used by the Collier County to determine the Maximum Price for the project advertisement. The services to be performed in this task shall include: • The Consultant shall review the Conceptual Plans and develop preliminary quantities based on project limits identified and the limited survey data obtained. The Consultant shall also evaluate the level of detail of the Conceptual Plans and consult with the Collier County staff to identify appropriate levels of contingency to be applied to the Engineers Opinion of Cost. • The Consultant shall review the RFP package to identify any project specific requirements which will add cost to the project and then include the appropriate costs into the Engineers Opinion of Cost. Items anticipated to be included would likely be permit costs, utility relocations, mitigation, etc. • The Consultant shall prepare the construction cost estimate for the contract letting of the TIGER Project. The construction cost estimate shall include an individual unit cost estimate for each FDOT pay item anticipated to be used by the DBF, the rationale and basis for the estimated cost of all items, and a total cost estimate for the Project. The construction cost estimate shall be based on current FDOT pay items as defined in the Basis of Estimates Manual. The construction cost estimate shall include documented estimates for the TIGER Project's construction cost and shall be provided to the Division for review and will be submitted simultaneously Page 13 of 16 Schedule A- Scope of Services CAO with the draft Project Layout Sheet(s), draft final Project Layout Sheet(s), and the final Project Layout Sheet(s). Division Responsibility • The Division will review and comment upon, as appropriate, the Consultant 's submittal of the construction estimates. Deliverables • Draft construction estimate - Electronic copy • Draft final construction estimate - Electronic copy • Final construction estimate - Electronic Copy Note: 1. ENGINEER's Cost Opinions: In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that the County's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses, projections, or estimates. Task 10.0 — Procurement Support The Consultant shall provide support to the County during the DBF procurement process. The Consultant shall prepare materials for and assist the County in conducting the Pre-Proposal Meeting for the TIGER Project. The Consultant shall assist the County in the DBF procurement process by preparing responses to Pre-Bid Questions, preparing responses to Pre-Proposal Meeting questions, recommendations regarding Alternative Technical Concept (ATC) presentations, preparing Addendums, preparing questions based on the Technical Proposals, and acting as a Technical Advisor. The Consultant shall attend the Mandatory Pre-Proposal Meeting, Page Turn Meetings, ATC Discussion Meetings, and Question and Answer Meetings. The Consultant shall provide an evaluation criteria checklist covering all elements of the RFP to the County during the review and evaluation of the Design-Build technical proposals submitted by the shortlisted DBFs. The checklist shall include an assessment as to whether each technical proposal meets all requirements of the DCP and shall note any deficiencies or upgrades to the requirements. No selection recommendations shall be provided by the Consultant. Deliverables: • Prepare materials for and participate in the pre-proposal meeting • Participate in ATC discussion meetings Page 14 of 16 Schedule A- Scope of Services • Provide evaluation of ATC concepts • Provide responses to technical questions • Participate in technical proposal page-turn meetings • Provide evaluation criteria checklist • Develop questions for and participate in question and answer sessions • Prepare addendums, as necessary • Provide recommendations regarding the evaluation criteria checklist 3.0 STUDY REQUIREMENTS AND PROVISIONS FOR WORK Project Schedule Upon Notice to Proceed, CONSULTANT shall provide a detailed project activity/event schedule for COUNTY. The schedule shall be based upon the TIGER Grant requirements. For the purpose of scheduling, the CONSULTANT shall allow one week for COUNTY review for each submittal. It is assumed that the overall Contract time for this Task Order will be 90 Calendar Days. The CONSULTANT shall meet with COLLIER COUNTY staff to develop a specific schedule based on the assigned work. FINAL Deliverable of Tasks 1-9 is to be submitted by March 15th 2021 . Procurement Services of Task 10 shall be provided by a separate NTP and will be 90 Calendar Days. Progress Billing The CONSULTANT shall provide written progress reports that detail the work performed during the period of the invoice. Progress reports shall be delivered (if requested) to COLLIER COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percentage complete against the actual work accomplished. Liaison Office The COUNTY will designate a Project Manager who shall be the representative of the COUNTY for the Project. The final direction on all matters remains with the Project Manager. Assumptions/Exclusions The attached scope of work and associated fee schedule assumes the following: 1 . COUNTY will provide services and fees associated with advertisement of the Design- Build. 2. COUNTY will provide all environmental and permit information to CONSULTANT for inclusion in the Design-Build RFP Package. Page 15 of 16 Schedule A- Scope of Services 3. CONSULTANT will not be preparing or obtaining any permits (ROW, FDEP, SFWMD, etc.) for this project. The CONSULTANT will only be responsible for including the permit information (prepared by others and provided by COUNTY) into the RFP Package. 4. COUNTY will be responsible for leading all coordination and communication with the U.S. Department of Transportation's (DOT) regarding the details and progress of this task work order. CONSULTANT will provide information to support COLLIER COUNTY's efforts, but the COUNTY will be responsible for DOT communication. 5. CONSULTANT will be responsible for leading all public meeting involving the lighting justification report (LJR). COUNTY will be responsible for taking the lead on all other public involvement efforts during the period of this task work order. The CONSULTANT will provide necessary information to support COUNTY's efforts, but the COUNTY will be responsible for communication with property owner's, news media, etc. 6. The CONSULTANT will provide no services associated with the evaluation of and/or scoring Design-Build team Letters of Interest/Statement of Qualifications and Technical Proposal/Bid Packages as part of the Design-Build team Selection process. 7. If desired by COUNTY, Capital Consulting Solutions is available and willing to provide Design Reviews of the Design-Build Contractors Design Plan submittals. These services can be performed under a separate Work Order or as a Supplemental Agreement to this Work Order. 8. COUNTY is responsible for managing the timeline of the TIGER IX Grant schedule. 9. Client will make available all pertinent information, permits, and documents associated with the required Project, including, but not limited to, CAD files, surveys, engineer's reports, design calculations, and copies of existing permit applications and approvals. 10.This proposal includes performing all services described within on a one-time basis unless otherwise noted. 11 . All existing utilities and easements of record within the property boundary will not need to be relocate, vacated and/or modified as part of this project. 12.Impacts to wetlands, listed species and other ecology related matter are not anticipated as part of this scope of services. Coordination with the SFWMD / FDEP, FWS and ACOE for the noted items are not provided for in this proposal. 13.No floodplain compensation issues have been assumed as part of this proposal. 14.Modifications and/or design related services for the portions of the site that include the existing buildings and parking areas for the Health Department, Public Library Branch, Maintenance Facility and the David Lawrence Center are exclude from this proposal. 15.0ff-Site Improvements for utilities and/or major modification to Immokalee Drive and North 1st Street are excluded. 16.The Traffic Impact Statement (dated June 3, 2019) and the Exterior Lighting Plans (dated June 10, 2019) prepared by TR Transportation Consultants, Inc. will be sufficient for use as part of the Design Criteria Package. Page 16 of 16 Schedule A- Scope of Services 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 Topographic Survey $59,695.00 $ 2 Geotech Survey $22,188.00 $ 3 Traffic Survey $15,768.00 $ 4 Lighting Justification Study (LJS) $38,808.00 $ 5 Design Criteria Package Complete Streets (DCP) $402,013.50 $ 6 Design Criteria Package Bus Transit Station (DCP) $73,984.00 $ 7 Minimum Technical Requirements (MTR) $37,216.00 $ 8 Traceability Verification Matrix (RTVM) $25,176.00 $ 9 Construction Estimate $26,216.00 $ 10 Procurement Support $27,750.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ 728,814.50 Total Time and Materials Fee $ GRAND TOTAL FEE $728,814.50 Page 19 of 32 PSA_CCNA Single Project Agreement_Ver.4 B.2.2. ❑* to-die-pai effe aae ree-ef e-Basic Seep-viees-.---Difeet-L-aber- ts-mean the actual sal l with--resperat-te-thistid+ng u41--indi par ted-eests-aad--fFtge-bea eEfts, all i+t me-reeerds, )ireet-LabeF-tests-incurred at the time of b1 to p evecl y-the-G9JNT1!: There-skull-b B.2.2.1 . Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ** Lump Lump Sum Fees: The fees noted in Section 2.1 . shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreernent_Ver.4 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 Ver.4 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 22 of 32 PSA_CCNA Single Project Agreement_Ver.4 CA() SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $238 Senior Project Manager $201 Project Manager $165 Senior Engineer $175 Senior Planner $164 Engineer $136 Planner $130 Senior Designer $128 Designer $109 Architect $148 Admin/Clerk $73 Senior Technician $102 Survey and Mapper $142 Survey Crew $152 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_Ver.4 CA() SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days Task/Item For Completion of Task Description from Date of Notice to Proceed 1 Topographic Survey Final Completion: March 15, 2021 2 Geotech Survey Final Completion: March 15, 2021 3 Traffic Survey Final Completion: March 15, 2021 4 Lighting Justification Study (LJS) Final Completion: March 15, 2021 5 Design Criteria Package Complete Streets Final Completion: (DCP) March 15, 2021 6 Design Criteria Package Bus Transit Station Final Completion: (DCP) March 15, 2021 7 Minimum Technical Requirements (MTR) Final Completion: March 15, 2021 8 Traceability Verification Matrix (RTVM) Final Completion: March 15, 2021 9 Construction Estimate Final Completion: March 15, 2021 10 Procurement Support 90 Page 24 of 32 PSA_CCNA Single Project Agreement_Ver.4 CAO 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_Ver.4 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 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 $500,000 for each accident. The insurance company shall waive al! 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 I■1 No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? I Yes I•I No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? I■ 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_Ver.4 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? Yes ■I 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 ■ No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? 111 Yes No Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. Page 27 of 32 PSA_CCNA Single Project Agreement_Ver.4 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 I■I No Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? ■ Yes No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PSA_CCNA Single Project Agreement_Ver.4 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_Ver.4 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Capital Consulting Solutions, LLC (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 Criteria for Tiger IX Grant Project (Immokalee Complete Streets) "project" is accurate, complete and current as of the time of contracting. :;;;BY: Qdar1 O krvi TITLE: Owlna. DATE: ill Ic) 1zo kk, Ik 14 Page 30 of 32 PSA_CCNA Single Project Agreement_Ver.4 • SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Christopher Wright, RWA Principal .5% Bill Gramer, JCB Principal .5% Michael Ward, RWA Senior Project Manager 1.5% Bill Gramer, JCB Senior Project Manager 2% Adam Ahmad, CAP Project Manager 10% Keisha Westbrook, RWA Senior Engineer 1.5% Marmi Sica, CAP Engineer 15% Nick DeCiccio, JCB Engineer 3% Rayan Al-Hebshi, CAP Engineer 3% Nathan Lunsford, JCB Engineer 3% Marmi Sica, CAP Senior Designer 15% Ronald Leder, CAP Senior Designer 22% Felicia Kirby, JCB Designer 6% Kevin Heldorfer, JCB Designer 2% Kevin Regalado, JCB Architect 2% Cedric Koger, CAP Senior Technician 4% William Fernandez, RWA Surveyor & Mapper 1 % Chris Lavers, RWA Survey Crew 3% June Lehmann, CAP Admin/Clerk 4% Fritznel Saint Louis, CAP Planner 1 cYo Page 31 of 32 PSA_CCNA Single Project Agreement_Ver.4 CAO SCHEDULE G Other: (Description) ❑ following this page (pages through ) n this schedule is not applicable Page 32 of 32 PSA_CCNA Single Project Agreement Ver.4 CAO AC c® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON IACF NAME: Christine Olson PHONE Olson&DiNunzio Ins (A/CC,N.,Ext): 239-596-6226 (a//C,No): 2536 Northbrooke Plaza Dr ADDRESS: chris@olsondinunzio.com INSURER(S)AFFORDING COVERAGE NAIC# Naples FL 34119 INSURER A: PENN AMERICA INS CO 32859 INSURED INSURER B: LLOYDS OF LONDON 122000 Capital Consulting Solutions,LLC INSURER C: PROGRESSIVE EXPRESS INS CO 10193 9010 Strada Stell Ct#108 INSURER D: INSURER E: Naples FL 34109 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ' EXP LTR TYPE OF INSURANCE INSD (MM/DD WVD POLICY NUMBER POLICY/YYYYY Y) (MM/DD- POLICY/YYYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE x OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y PAV0254319 08/18/2020 07/18/2021 PERSONAL a ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PE� LOC PRODUCTS-COMP/OP AGG $ excluded OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMI I $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ C AWNED y SCHEDULED Y AUTOS ONLY /� AUTOS 07814220-2 07/01/2020 07/01/2021 BODILY INJURY(Per accident) $ _ HIRED -NON-OWNED PROPERTY UAMAC,E $ _AUTOS ONLY _AUTOS ONLY (Per accident) PERSONAL INJURY $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PElt U I H- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Pcr Claim 1,000,000 B PROFESSIONAL LIABILITY SUA BA3314-2003 06/29/2020 06/29/2021 Aggregate limit 1,000,000 Retention 2,500 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners,or Board of County Commissioners in Collier County,or Collier County Government or Collier County is included as an additional insured under the captioned Commercial General Liability and Automobile Liability policies on a primary and non contributory basis if and to the extent required by written contract for any and all work performed on behalf of Collier County. Contract 20-7795R-Tiger IX Grant Project(Immokalee Complete Streets): Watercraft liability is included for watercraft not owned less than 26 feet,and not being used to carry persons or property for a charge per CG0001 form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners AUTHORIZED REPRESENTATIVE 3295 Tamiami Tr E. Gkrislti�w r7lyo., Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CAPICON-01 SROSSITER ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.� 11/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AP Intego Insurance Group,LLC PHONE FAX 1601 Trapelo Rd Suite 280 (A/C,No,Ext): (A/C,No): ML Waltham,MA 02451 ADDRESS:support@apintego.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Company 29424 INSURED INSURER B: Capital Consulting Solutions LLC INSURER C: 5633 Strand Blvd Suite 312 INSURER D: NAPLES,FL 34110 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) __ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 76WEGACI DT2 11/16/2020 11/16/2021 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Waiver of subrogation is granted in favor of the certificate holder in regards the to workers'compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyCommissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples FL 34112 AUTHORIZED REPRESENTATIVE�/ ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE HARTFORD BUSINESS SERVICE CENTER THE ' 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 November 17, 2020 CAPITAL CONSULTING SOLUTIONS LLC 9010 STRADA STELL CT STE 108 NAPLES FL 34109 Policy Information: %Q Contact Us Policy Number: 76 WEG AC1DT2 Business Service Center Business Hours: Monday- Friday (7AM- 7PM Central Standard Time) Phone: (877)287-1316 Fax: (888)443-6112 Email: agency.services(c�thehartford.com Website: www.thehartford.com INSURANCE ENDORSEMENT ATTACHED *** PLEASE REVIEW THE CHANGE *** Enclosed is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes, Please contact us. Thank you for allowing us to service your business needs. Sincerely, Your Hartford Service Team SCPHS015 � A THE HARTFORD POLICY HOLDER NOTICE - PAYROLL BILLING Thank you for choosing The Hartford. Your policy is on our payroll billing method. The payroll billing method uses actual payrolls received throughout the policy period and a blended rate(s) to determine premiums due during the policy period. To learn more about how your premium is calculated on the payroll billing method please visit: httbs://www.thehartford.com/blended Below are the blended rate(s) being used for each state and classification code on your policy: State Class Code Blended Rate Effective 1: 9010 STRADA STELL CT 8810 0.350000 11/16/2020 STE 108, NAPLES, FL 1: 9010 STRADA STELL CT 8810 0.460000 11/17/2020 STE 108, NAPLES, FL Form G-4119-0 Printed in U.S.A. ©2017, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE IN INFORMATION PAGE INSURER: Hartford Casualty Insurance Company NCCI Company Number: 14397 Audit Period: ANNUAL Policy Effective Date: 11/16/20 Policy Expiration Date: 11/16/21 Policy Number: 76 WEG AC1 DT2 Endorsement Number: 1 Effective Date: 11/17/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: CAPITAL CONSULTING SOLUTIONS LLC 9010 STRADA STELL CT STE 108 NAPLES FL 34109 FEIN Number: 82-0845707 Producer Name: AP INTEGO INSURANCE GROUP LLC Producer Code: 76250846 It is agreed that the policy is amended as follows: This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford. In consideration of an additional premium of$252, it is agreed that: Policy is amended to add the following condition(s): Notice of Cancellation to Certificate Holders- Blanket Waiver of Our Right to Recover from Others Endorsement Policy is amended to change the following condition(s): Waiver of Our Right to Recover from Others Endorsement Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy. WC000313 WC990006A(.2) WC990006A(.1 P) WC990615 G-4119-0 Countersigned by c or Cavz � Authorized Representative Form WC 99 00 06 A (1) Printed in U.S.A. Page 1 Process Date: 11/17/20 Policy Expiration Date: 11/16/21 CHANGE IN INFORMATION PAGE (Continued) Policy Number: 76 WEG AC1 DT2 SCHEDULE IT IS AGREED THAT THE POLICY IS AMENDED AS FOLLOWS: CLASS CODE NUMBER AND DESCRIPTION ESTIMATED RATES PER 100 ESTIMATED TOTAL ANNUAL OF ANNUAL REMUNERATION REMUNERATION PREMIUMS FL- Location 1 Rating Period: 11/16/2020-11/17/2020 8810 609.00 0.170000 1 CLERICAL OFFICE EMPLOYEES NOC Rating Period: 11/16/2020-11/16/2021 8810 222,400.00 0.170000 -378 CLERICAL OFFICE EMPLOYEES NOC Rating Period: 11/17/2020-11/16/2021 8810 221,791.00 0.170000 377 CLERICAL OFFICE EMPLOYEES NOC Total State Summary Total Class Premium 0 Waiver charge 0.00 249 Emp liab increased limits 0.00 0.014000 0 Employer Liability Increase Limits balance to Minimum 0.00 0 Premium Expense constant 0.00 0 Terrorism Risk Insurance Program Reauthorization Act -609.00 0.010000 0 Disclosure Endorsement FL FWCIGA Surcharge 0.00 1 3 Florida Total Cost 252 Form WC 99 00 06 A (1) Printed in U.S.A. Page 2 Process Date: 11/17/20 Policy Expiration Date: 11/16/21 POLICY NUMBER: 76 WEG AC1 DT2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA - NOTICE OF CANCELLATION TO DESIGNATED PERSON(S) OR ORGANIZATION(S) OTHER THAN THE NAMED INSURED This policy is subject to the following conditions. SCHEDULE Name of Person(s) or Organization(s) Mailing Address All certificate holder(s) with mailing addresses on file with the agent of record or the company who were issued a certificate of insurance applicable to this policy's term This endorsement modifies insurance provided under Part Six—Conditions, D. Cancellation: We may cancel this policy by mailing or delivering to the person(s) or organization(s) listed in the Schedule above, written notice of cancellation at least: a. 10 days before the effective date of cancellation or as required by statute, whichever is longer, if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation or as required by statute, whichever is longer, if the policy has been in effect for 90 days or less, if we cancel for any other reason; or 45 days if the policy has been in effect for more than 90 days, or as required by statute, whichever is longer, if we cancel for any other reason. If notice is mailed, proof of mailing to the address shown in the Schedule above will be sufficient proof of notice. Form WC 99 06 15 Printed in U.S.A. I ,.. • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 76 WEG AC1 DT2 Endorsement Number: 1 Effective Date: 11/17/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Capital Consulting Solutions LLC 9010 STRADA STELL CT STE 108 NAPLES FL 34109 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Suffolk Construction Company and The School Board of 01 Lee County, 426 Clematis Street,West Palm Beach, FL 33401 Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 11/17/20 Policy Expiration Date: 11/16/21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 76 WEG AC1DT2 Endorsement Number: 1 Effective Date: 11/17/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Capital Consulting Solutions LLC 9010 STRADA STELL CT STE 108 NAPLES FL 34109 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Suffolk Construction Company and The School Board of 01 Lee County, 426 Clematis Street,West Palm Beach, FL 33401 Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 11/17/20 Policy Expiration Date: 11/16/21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 76 WEG AC1DT2 Endorsement Number: 1 Effective Date: 11/17/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Capital Consulting Solutions LLC 9010 STRADA STELL CT STE 108 NAPLES FL 34109 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Collier County Board of County Commissioners 3295 02 Tamiami Trail E Naples, FL 34112 Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 11/17/20 Policy Expiration Date: 11/16/21