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#20-7768 (Earth Tech Environmental, LLC)
PROFESSIONAL SERVICES AGREEMENT Contract# 20-7768 for " Collier County Comprehensive Watershed Improvement Project (CWIP) Monitoring Services THIS AGREEMENT is made and entered into this -'A day of c (DOA , 20 2Q 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 Earth Tech Environmental, LLC authorized to do business in the State of Florida, whose business address is 10600 Jolea Ave, Bonita Springs, FL 34135 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Collier County Comprehensive Watershed Improvement Project (CWIP) Monitoring Services (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANTS 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 0132 PSA_CCNA Single Project Agreement_Ver.4 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 Jeremy Sterk, CEP 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 •"1 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 Agreement_Ver.4 CAO 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 CAO 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: • • • 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 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 CAO 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. IUI Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. 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 or32 PSA_CCNA Single Project Agreement_Ver.4 CA e 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 CAU 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 o1'32 PSA_CCNA Single Project Agreement_Ver.4 CM) 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 o132 PSA_CCNA Single Project Agreement_Ver.4 CNC' 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 .tr; 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 Capital Project Planning, Impact Fees and Program Division Name: Manaaement Division Director: Amy Patterson Address: 2685 Horseshoe Drive S Naples, FL 34104 Administrative Agent/PM: Gary McAlpin, Manager-Coastal Management Program Telephone: (239) 252-5342 E-Mail(s): Gary.McAlpin@colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Earth Tech Environmental LLC Address: 10600 Jolea Ave Bonita Springs, FL 34135 Attention Name & Title: Jeremy Sterk, VP Telephone: (239) 304-0030 E-Mail(s): Jeremys@eteflorida.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: Federal Contract Provisions, Certifications &Assurances Solicitation # 20-7768 , 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_Ver.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 of32 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 CM) IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts& Ii ' Comptroller i l By: j ��41!`1 "I'l- %esf i,as t�Chairman'sPenny Taylor, Chairperson signature only roved as to an Legality' a CounA kL Attorney! lL/ Name Consultant: Consultant's Witnesses: Earth Tech Environmental, LLC By: WAP s LiC1Vt ail talI be6" O ' ) Sick — Name and Tit 1 Name and Title (1114A.LaSOIAk �e MILbl .(k, vows oak CS 1til2rue -- Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement Ver.4 0 SCHEDULE A SCOPE OF SERVICES E■ following this page (pages through 4 ) Page 18 of 32 PSA_CCNA Single Project Agreement_Ver.4 RPS#20-7768 "Collier County Comprehensive Watershed Improvement Project(CWIP) Monitoring Services" SCHEDULE A SCOPE OF SERVICES Task 1) Hydrologic Monitoring a) Sixty (60) shallow groundwater monitoring wells have been installed within and outside the area of potential project influence. Each 2" PVC monitoring well is equipped with a HOBO MX2001-04 water level data logger that records water levels and barometric pressure at least twice daily. ETE will perform a minimum of quarterly data downloads, data storage and backup, and equipment maintenance. At each quarterly event, ETE will perform minor maintenance activities such as (but not limited to) cleaning monitoring equipment, replacing lost well location markers,flagging, etc. b) Hydrologic Monitoring Report: On a quarterly basis, water level data will be imported to spreadsheet format, compared to local rainfall data, and summarized in graphs. Deliverable for this task: Using the data collected in la, graphs will be provided to the County after each quarterly event as a deliverable. Task 2)Water Quality Sampling a) Samples for lab analysis of water quality will be collected on a quarterly basis from twenty (20) of the monitoring wells. If the surface water depth is greater than 15 cm (6 inches) at any of the well locations,a surface water sample adjacent to the well will also be collected for lab analysis.Sampling will be conducted in accordance with the Florida Department of Environmental Protection's (FDEP) Standard Operating Procedures (SOPs) F.A.0 62-160.110, FS 2100 for surface water sampling and FS 2200 for groundwater sampling. All water samples will be properly labeled in laboratory-provided sample bottles, handled and shipped according to required protocols for the requested analytes, and sent to a subcontracted, Florida- Certified and National Environmental Laboratory Accreditation Program (NELAP) certified laboratory. b) The following water quality parameters will be measured: Field Sampling Parameters • water temperature • pH • dissolved oxygen • specific conductance Well and/or Surface Water Laboratory Parameters • NOx(NO2+NO3 soluble) • Total nitrogen (TN) • Total Dissolved Nitrogen (TND) • total phosphorus(TP) • total Dissolved Phosphorus (TPD) Page 1 of 4 Schedule A-Scope of Services RPS#20-7768 "Collier County Comprehensive Watershed Improvement Project(CWIP) Monitoring Services" c) Quality Assurance Sampling—ETE will include collection of two equipment blanks for each water quality sampling event. Equipment blank sampling will include one blank for well collection equipment and one blank for surface water collection equipment(if surface water occurs during the sampling event). Locations for collection of equipment blanks will be randomized among the twenty sampling locations. Deliverable for this task: See Task#4 below. Task 3) Water Quality Laboratory Analysis, Data Compilation and Reporting a) ETE is responsible for verifying that the selected laboratory will be Florida-Certified for all the requested analyses.The following detection limits will be required: Method Detection Analyte Limit NOx(NO2-f NO3 soluble) s 10 µg/L Total Nitrogen (TN) <_20 µg/L Total Dissolved (TND) <_20 µg/L Total Phosphorus (TP) <_ 10 µg/L Total Dissolved Phosphorus (TPD) <_ 10 ug/L Deliverable for this task: See Task#4 below. Task 4) Water Quality Quarterly Reporting a) ETE will report laboratory results in formal laboratory report(pdf) and Electronic Data Delivery(EDD in EXCEL spreadsheet)formats. b) ETE will summarize the data by two project zones that identify the area where the greatest changes in water elevation and hydroperiod will occur and the area outside that zone.Shapefiles of the two zones will be provided. c) The data summary from each project zone will include number of samples analyzed,the number of non- detections for each analyte and the mean and standard deviation of the values obtained for each of the requested analytes. The statistical values will assume that non-detection results will be represented by 1/2 the achieved detection limit. d) A data quality summary will discuss the success of the laboratory in meeting the prescribed method detection limits, any contamination found in the equipment blanks, and any results that bear on data quality. Deliverable for this task: Using the data collected in tasks #2 & #3, ETE will provide data summaries as outlined in 4a,4B, 4c, &4d to the County after each quarterly event as a deliverable. Task 5) Vegetation Monitoring Page 2 of 4 Schedule A-Scope of Services RPS#20-7768 "Collier County Comprehensive Watershed Improvement Project(CWIP) Monitoring Services" a) Sixty(60)75-meter monitoring transects are located within homogeneous vegetation communities near each well location. Each transect contains three (3) 10-meter x 10-meter canopy\shrub vegetation monitoring plots and six (6) groundcover vegetation monitoring plots. Plot-based methods will quantify vegetation along each transect. b) Vegetation quantification will occur at the same locations during each annual monitoring event. Each canopy, sub-canopy, shrub, and groundcover species will be identified to the lowest taxonomic level possible and percent coverage will be determined. All trees located within each plot with a dbh greater than 2.5 cm will be identified with numbered tree tags to allow tracking of health and growth rates over time. Measurements will include dbh, percent canopy cover, and general health. c) Qualitative monitoring will occur at each plot location. Notes on the type of community being sampled, the general health of the vegetation, soil inundation, standing water levels, recruitment of new species, and the presence of nuisance/exotic species will be recorded on field data sheets. Observations and/or signs of wildlife shall also be noted. d) On an annual basis, panoramic photos will be taken at each plot location to document changes over time. e) ETE has already created field datasheets for the project and will continue reporting using them. f) An annual report will be compiled at the end of each monitoring year. The annual report shall include project descriptions, maps, data compilation (including GIS data), and discussions on data trends/conclusions/deviations.This report will be submitted to the County and any agencies for review and discussion. Deliverable for this task: Using the data collected in this task (#5), ETE will collate this information into an annual report as outlined in task#6. Task 6)Annual Report a) A draft annual report will be prepared and submitted to the county two weeks after completion of the quarterly sample event report that immediately precedes the annual sampling report. During the annual report preparation period, the contractor will coordinate with the county project manager to ensure that the contents of the report meet the county's needs. b) The county will review and comment on each report received from the awarded vendor. After receipt of comments, the awarded vendor will have one calendar week to complete responses and provide a revised report to the county. The County reserves the right to provide more than one set of requested revisions before accepting a report as final. Deliverable for this task: Using the data collected in tasks#1 through #5, ETE will collate this information into an annual report that summaries the quarterly events—hydrology,water quality,and vegetation data. ETE will respond to County review comments until the County project manager has accepted the report as final. Page 3 of 4 Schedule A-Scope of Services CAO RPS#20-7768 "Collier County Comprehensive Watershed Improvement Project(CWIP) Monitoring Services" 7) Equipment Replacement Allotment In the event monitoring equipment is heavily damaged or destroyed, ETE will replace the monitoring equipment. Deliverable for this task: ETE will provide the County photographs of damaged equipment and a summary of equipment that was installed to replace it. Page 4 of 4 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 1,2 Quarterly-Hydrologic Monitoring and Water Quality Sampling $ $230,535 3 Quartertly- Water Quality Laboratory Analysis,Data Compilation and Reporting $ $99,200 1,2,4,5 Quartertly-Hydrologic Monitoring,Water Quality Sampling,Water Quality $ $303,620 Quarterly Reporting Task,Vegetation Monitoring $ $ 6 Annual Report $ $40,875 7 Equipment Replacement Allotment $ $48,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ .E Total Time and Materials Fee , , $722,230 GRAND TOTAL FEE $722,230 Page 19 of 32 PSA_CCNA Single Project Agreement_Ver.4 S B.2.2. .■*Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. • B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreement_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 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 ii SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Environmental Specialist $109 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 `y) SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days For Completion of Task Task/Item from Date of Notice to Description Proceed 1,2 Quarterly - Hydrologic Monitoring and Water 60 Quality Sampling 3 Quarterly - Water Quality Laboratory 60 Analysis 1,2,4,5 Quarterly - Hydrologic Monitoring, Water 60 Quality 6 Annual Report 365 Page 24 of 32 PSA_CCNA Single Project Agreement_Ver.4 CIAO 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? All 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$ 1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? n Yes No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? I I Yes I I No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? I.I Yes I 1 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 0 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? n Yes n 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? I I Yes II No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? ■ Yes I I No Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. Page 27 of 32 PSA_CCNA Single Project Agreement_Ver.4 �-1 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? n Yes No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? n Yes n No Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? n Yes No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 0132 PSA_CCNA Single Project Agreement_Ver.4 CA« of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA_CCNA Single Project Agreement_Ver.4 CAt) SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Earth Tech Environmental 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 "Collier County Comprehensive Watershed Improvement Project ;CWIP) Monitoring Services _ `project" is accurate, complete and current as of the time of contracting. TITLE: fres i 44 DATE: f 2/E72o 2z:, Page 30 of 32 PSA_CCNA Single Project Agreement Ver.4 Ef CAU SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Andrew McAuley Environmental Specialist 25% Jennifer Kabob Environmental Specialist 25% Conor Goulding Environmental Specialist 10% Campbell Peck Environmental Specialist 5% Courtney Kern Environmental Specialist 5% Gayk Menkenyan Environmental Specialist 25% Jeremy Sterk Environmental Specialist 5% Page 31 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE G Other: Federal Contract Provisions, Certifications & Provisions (Description) 0 following this page (pages 1 through 15 ❑ this schedule is not applicable Page 32 of 32 PSA_CCNA Single Project Agreement_Ver.4 FORM fi. GRANT PROVISIONS AND ASSURANCES � EXTITBIT I.A FEDERAL CON i i2ACT PROVISIONS UNITED STATES DEPARTMENT OF THE TREASURY—CFDA 87.052 Gulf Coast Ecosystem Restoration Council Oil Spill Impact Program The supplemental conditions contained in this section are intended to cooperate with,to supplement, and to modify the general conditions and other specifications. The County must comply, and require each of its contractors, and subcontractors employed in the completion of the activity, project, or program to comply with all federal statutes, federal regulations, executive orders (EOs), Office of Management and Budget (OMB) circulars, Standard Terms and Conditions, Program-Specific Terms and Conditions, and any Special Award Conditions of this federal financial assistance award("Award"),as applicable,in addition to the certifications and assurances required at the time of application. Any inconsistency or conflict in Standard Terms and Conditions,Program-Specific Terms and Conditions, and any Special Award Conditions of this Award will be resolved according to the following order of precedence:federal laws,federal regulations, applicable notices published in the Federal Register, EOs, OMB circulars,Treasury's Standard Terms and Conditions, Program-Specific Terms and Conditions, and any Special Award Conditions, Special Award Conditions may amend or take precedence over Standard Terms and Conditions and Program-Specific Terms and Conditions. Standard Terms and Conditions may be found at: https:f/www.treasury.gov/services/restore- actI0ocumentslRESTORE%20ACTV020Standard%a20Terms%20and%20Conditions August 20171.df Contractor means an entity that receives a contract. The services performed by the awarded Contractor and its subcontractors shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document in the completion of the activity, project or program. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor(including all subcontractors)must insert these contract provisions in each lower tier contracts(e.g.subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders,rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor,lower-tier subcontractor or service provider FCP-1 Solicitation 21 7768 Collier County Comprehen&ive Watershed improvement Project(Cw'IP)iVionitorhi 44 .lucre 12,20 ;CAG 4 Ef Ulf ED FORM SORMITTALS titgl FORM 6: GRANT PROVISIONS AND ASSURANCES EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS Administrative,Contractual,or Legal Remedies(Ref.41 U.S.C.1908,2 CFR§200 Appendix II(A) Unless otherwise provided in this contract, all claims,counter-claims, disputes and other matters in question between the County and the Contractor,arising out of or relating to this contract,or the breach of it,will be decided by arbitration,if the parties mutually agree,or in a Florida court of competent jurisdiction. No Government Obligation to Third Parties(Applies to all subcontracts) The County and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,Vendor,or any other party(whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontract who will be subject to its provisions. Disclaimer Provisions The United States expressly disclaims any and all responsibility or liability to the County or third persons for the actions of the County or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Award or any other losses resulting in any way from the performance of this Award or any subaward,contract,or subcontract under this Award. Prohibited and Criminal Activities a.The Program Fraud Civil Remedies Act of 1986(31 U.S.C.§§3801-3812), provides for the imposition of civil penalties against persons who make false,fictitious,or fraudulent claims to the federal government for money(including money representing grants,loans or other benefits). b. False Statements, as amended (18 U.S.C. § 1001) provides that whoever makes or presents any materially false,fictitious,or fraudulent statements to the United States shall be subject to imprisonment of not more than five years. c. False,Fictitious,or Fraudulent Claims, as amended(18 U.S.C.§287)provides that whoever makes or presents a false, fictitious, or fraudulent claim against or to the United States shall be subject to imprisonment of not more than five years and shall be subject to a fine in the amount provided in 18 U.S.C. §287. d.False Claims Act,as amended(31 U.S.G. 18 U.S.C.§3729 et seq.),provides that suits under this act can be brought by the federal government,or a person on behalf of the federal government,for false claims under federal assistance programs Publications Every publication of material based on, developed under, or otherwise produced under a RESTORE Council financial assistance award,except scientific articles or papers appearing in scientific,technical or professional journals must contain the following disclaimer: "This[publication/video/etc.]was prepared by(Subrecipient]using Federal funds under award [Federal Award Identification Number] from the RESTORE Council. The statements, findings, conclusions, and recommendations are those of the author(s)and do not necessarily reflect the views of the RESTORE Council." Affirmative Action The County supports diversity in its procurement program and requires that all subcontracting opportunities afforded by this Agreement embrace and encourage diversity.The County's award of subcontracts reflect the diversity of the citizens of the State of Florida.In accordance with 2 C.F.R.§200.321,Contractors must take all necessary affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible.Such affirmative steps shall at a minimum include: FCP-2 Solicitation 20-7768 Collier County Comprehensive Watershed Improvement Project(CWIP)Mon:Wiing S .nice 45 June 12,2020 f ORtMM SUIMITTAts FORM 6: GRANT PROVISIONS AND ASSURANCES EXHIBIT I,A FEDERAL CONTRACT PROVISIONS 1, Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ?. Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises: a. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses,or women's business enterprises; s. Utilizing services and assistance, as appropriate, of such organizations as the Small Business Administration,the Minority Business Development Agency of the Department of the Commerce,the Florida Department of Management Services(Office of Supplier Diversity),the Florida Department of Transportation,Minority Business Development Center,and Local Government M/DBE programs;and 6. Requiring the prime contractor,if subcontracts are to be let,to take the affirmative steps listed above in(1)through(5). 7, As used herein,the term"minority and women business enterprise" means a business at least fifty- one(51) percent owned and controlled by minority group members or women. Prior to award of any subcontract under this Agreement, Subrecipient shall document its efforts made to comply with the requirements of this paragraph. The Subrecipient shall state. Revised ADA Standards for Accessible Design for Construction Awards The U.S. Department of Justice has issued revised regulations implementing Title II of the ADA(28 C,F.R. Part 35) and Title Ill of the ADA (28 G.F.R. Part 36). The revised regulations adopted new enforceable accessibility standards called the"2010 ADA Standards for Accessible Design"(2010 Standards).The 2010 Standards are an acceptable alternative to the Uniform Federal Accessibility Standards(UFAS).Treasury deems compliance with the 2010 Standards to be an acceptable means of complying with the Section 504 accessibility requirements for new construction and alteration projects.Ail new construction and alteration projects must comply with the 2010 Standards. Sub-Awards (31 C.F.R. Part 34,2 C.F.R.Part 200)the RESTORE Council's Financial Assistance Standard Terms and Conditions,and the Consortium's Subrecipient Policy.All Contractors/Subcontractors under this Agreement shall be subject to the same performance,financial,and reporting requirements as the County. Unauthorized Employment(Applicable to all subcontracts.) The employment of unauthorized aliens by any Contractor/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Copyright,Patent,and Trademark The RESTORE Council and the Consortium reserve a royalty-free, nonexclusive,and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal and Consortium purposes:a)The copyright in any work developed under this Award,including pursuant to any sub-award or subcontract. b) Any right or copyright to which a Subrecipient, sub-subrecipient, or a contractor purchases ownership with funds pursuant to this Award.C)All patent rights,copyrights and data rights must be in accordance with 2 C.F.R.§200.315 and 37 C.F R. Part 401,as applicable. Records Retention The Contractor must retain all records pertinent to this project for a period of three years, beginning on a date as described in 2 C.F.R.§200,333, Drug Free Workplace Requirements All Contractors entering into Federal funded contracts over the simplified acquisition threshold (as defined at 41 U.S,C. §134)must comply with the Drug Free Workplace Act of 1988(41 U.S.C.8102), which requires the County and its to take certain actions to provide a drug-tree workplace. FCP-3 Solicitation 70 776' Collier County Comprehensive Watershed Imp overrikr nt Project(CWI))Mor�itcr "u .,� 46 lune 12,2020 r(;AO EOUf4 0 FOAM SU MITTALS • FORM 6. GRANT PROVISIONS AND ASSURANCES• EXHIBIT I.A FEDERAL CONTRACT PROVISIONS Copeland Anti Kick Back Act The Contractor shall comply with all the requirements of the Copeland Anti-Kickback Act(18 U.S.C. § 874 and 40 U.S.C. §3145, as supplemented by Department of Labor regulations at 29 CFR Part 3),which are incorporated by reference to this Agreement.County and its contractors are prohibited from inducing by any means any person employed in the construction,completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled. Debarment/Suspension Applicants or bidders for a lower tier covered transaction (except procurement contracts for goods and services under$25,000 not requiring the consent of a Council official) are subject to 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)." In addition, applicants or bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than$100,000 of Federal funds at any tier are subject to relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as well as the common rule, New Restrictions on Lobbying," published at 55 FR 6736 (February 26, I 990), including definitions, and the Office of Management and Budget "Governmentwide Guidance for New Restrictions on Lobbying," and notices published at 54 FR 52306(December 20, 1989), 55 FR 24540(June 15, 1990), 57 FR 1772(January 15, 1992),and 61 FR 1412(January 19, 1996) Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352)(Reference 2 CFR§200 Appendix 11(J)) Contractors that apply or bid for an award exceeding $100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.§1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.The Contractor shall certify compliance. Contractors must certify it will not and has not used Federal appropriated funds that have been paid or will be paid,by or to any person or organization for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. The certification includes any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Contractors and subcontractors must submit form SF-LLL to the County with 15 calendar days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure from previously filed. 501(c)(4)Entities The County shall ensure that its Contractors and Subcontractors comply with the requirement described in Section 501(c)(4)of the Internal Revenue Code that prohibits any organization that engages in lobbying activities, from receiving federal funds, including through an award, grant,and/or subgrant. Federal Changes The Contractor and subcontractors shall comply with all applicable Federal agency regulations,policies, procedures and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of the contract. FCP-4 Solicitation 20-7768 f'olli r County Comprehensive Watershed improvement Project( .WHF)Nionitro ,.., vi•, 47 June 12,2020CAO FORM 6: GRANT PROVISIONS AND ASSURANCES EXHIBIT l.A FEDERAL CONTRACT PROVISIONS Safeguarding Personal Identifiable Information The Contractor and its subcontractors will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the awarding agency or is considered sensitive consistent with applicable Federal,state and/or local laws regarding privacy and obligations of confidentiality. Energy Policy and Conservation Act(43 U.S.C.§6201) The Contractor shall comply with mandatory standards and policies relating to energy efficiency, stating in the state energy conservation plan Issued in compliance with the Energy Policy and Conservation Act.(Pub. L. 94-163, 89 Stat. 871)[53 FR 8078,8087, Mar. II, 1988,as amended at 60 FR 19639, 19645,Apr. 19, 1995). Right to Inventions Under Federal Grants If applicable,the County and its Contractors/subcontractors shall comply with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Federal Non-Discrimination Provisions No person in the United States shall,on the ground of race,color,national origin,handicap,age,religion, or sex, be excluded from participation in, be denied the benefits of,or be subject to discrimination under any program or activity receiving federal financial assistance.The Contractor is required to comply with all non-discrimination requirements summarized in this section,and to ensure that all contracts/subcontracts contain these nondiscrimination requirements. The Contractor shall comply with all of the following federally mandated non-discrimination requirements,as applicable: 1. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)prohibits discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; 2. Title IX of the Education Amendments of 1972(20 U.S.C. §§ 1681 et seq.)prohibits discrimination on the basis of sex under federally assisted education programs or activities; 3. Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12101 et seq.) including the ADA Amendments Act of 2008 (Public Law 110-325, ("ADAAA"), prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto,as well as public or private entities that provide public transportation; 4. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794)prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance; 5. Revised ADA Standards for Accessible Design for Construction Awards including the ADA Amendments Act of 2008 (Public Law 110-325, ("ADAAA"), prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation; a. Title II of the Americans with Disabilities Act(ADA)(28 C.F.R. part 35; 75 FR 56164, as amended by 76 FR 13285) b. Title ill of the ADA(28 C.F.R.part 36;75 FR 56164.as amended by 76 FR 13286) 6. Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.)prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance; 7. Parts II and III of EO 11246,"Equal Employment Opportunity,"(30 FR 12319, 1965),as amended by EO 11375(32 FR 14303, 1967) 8. EO 12086"Consolidation of contract compliance functions for equal employment opportunity"(43 FR 46501, 1978), requiring federally assisted construction contracts to include the non- discrimination provisions of§§ 202 and 203 of EO 11246"Equal Employment Opportunity"' (41 C.F.R. §60-1.4(b), 1991) FCP-5 Solicitation 20 7768 s:o;liei County Comprehensive Watershed Improvement Project(CWIP)Monitoring Services 48 June 12,2020 CNC, FORM 6: GRANT PROVISIONS AND ASSURANCES EXHIBIT I.A FEDERAL CONTRACT T PROVISIONS 9. EO 13166 (August 11, 2000), "Improving Access to Services for Persons With Limited English Proficiency" 10. Pilot Program for Enhancement of Employee Whistleblower Protections. The National Defense Authorization Act(NDAA)for Fiscal Year(FY)2013 (Pub. L.No. 112,239,enacted January 2,2013 and codified at 41 U.S.C. §4712) Environmental Compliance Collier County must comply with all environmental standards, and provide information requested by Treasury relating to compliance with environmental standards, including but not limited to the following federal statutes,regulations,and executive orders listed below,as applicable: 1. The National Environmental Policy Act(42 U.S.C.§4321 et.seq.) 2. The Endangered Species Act(16 U.S.C.§1531 et seq.) 3. Magnuson-Stevens Fishery Conservation and Management Act(16 U.S.C.§1801 et seq.) 4. Clean Water Act Section 404(33 U.S.C.§1344 et seq.) 5. The Migratory Bird Treaty Act(16 U.S.C.§§703-712);Bald and Golden Eagle Protection Act(16 U.S.C. § 668 et seq.), and Executive Order No 13186, Responsibilities of Federal Agencies to Protect Migratory Birds 6, National Historic Preservation Act(54 U.S.C.§300101 et seq.)and the Advisory Council on Historic Preservation Guidelines(36 CFR part 800) 7, Clean Air Act(42 U.S.C.§7401 et seq.),Federal Water Pollution Control Act(33 U.S.C.§1251 et seq.) (Clean Water Act),and Executive Order 11738(°Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts,grants or loans") 8. The Flood Disaster Protection Act(42 U.S.C.§4002 et seq.) 9. Executive Order 11988 ("Fioodplain Management") and Executive Order 11990 ("Protection of Wetlands") 10. Executive Order 13112("Invasive Species") 11. The Coastal Zone Management Act(16 U.S.C.§1451 et seq.) 12. The Coastal Barriers Resources Act(16 U.S.C.§3501 et seq.) 13. The Wild and Scenic Rivers Act(16 U.S.C.§1271 et seq.) 14. The Safe Drinking Water Act(42 U.S.C.§300 et seq.) 15. The Resource Conservation and Recovery Act(42 U.S.C.§6901 et seq.) 16. The Comprehensive Environmental Response,Compensation,and Liability Act(Superfund)(42 U.S.C. §9601 et seq.) 17. Executive Order 12898("Environmental Justice in Minority Populations and Low Income Populations") 18. Rivers and Harbors Act(33 U.S.C.§407) 19. Marine Protection, Research and Sanctuaries Act (Pub. L. 92-532, as amended), National Marine Sanctuaries Act(16 U.S.C.§143 I et seq.),and Executive Order 13089("Coral Reef Protection") 20. Farmland Protection Policy Act(7 U.S.C.4201 et seq.) 21. Fish and Wildlife Coordination Act(16 U.S.C.661 et seq.) 22. Pursuant to 2 CFR§200.322, County and its contractors must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000, procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Solicitation Corxspr..nrerlsive Watershed Improvement Project(CWIP)hilonitoririe Servi...t.. 49 June 12, 2020 CAti ! EQIJ RED FORM SORMITTAI s FORM 6: GRANT PROVISIONS AND ASSURANCES 4401 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE B-2 Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions B-3 Certification of Lower-Tier Participants Regarding Debarment,Suspension,and Other Ineligibility and Voluntary Exclusion B-4 Anticipated,Disadvantaged,Minority,Women or Veteran Participation Statement B-5,6 Bid Opportunity List for Commodities,Contractual Services or Professional Consultant Services B-7 Conflict of Interest B-8 Lobbying Activities B-9 Acknowledgement of Terms,Conditions,and Grant Clauses Exhibit l.B—1 Solicitation . T a 1$2 Collier County Comprehensive Watershed Improvement Project(CWIP)Mon'' Q June 12,2020 ,CAO FORM6: GRANT PROVISIONS AND ASSURANCES ' EXI11131T 1.B GRANT CERTIFICA'FIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment. declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph(I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal,State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. afvt1`t Name DUNS Number ' , 0-'-4891.1(c,-/(2 Title Tax ID Number f A•q-r } 'f O-{ 7TAJ siE 74C.,C.tr. Firm 1 C1 cx0 2.50LE:A twsi.of,ju . os.ki TA' ( (a ,, . 2,L.1 t 3 ._.. Street Address,City,State,Zip Signture 7 Exhibit LB—2 Solicitation a; ,. C firer County Comprehensive Watershed Improvement Project(CWIP)talon i urin crvices 51 June 1 , 2020 , 4t3 V • • 14.6€RHHEaO FORM tIRM!TTAlS ' ,;, � FORM 6: GRANT PROVISIONS AND ASSURANCES EXHIBIT l.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification of Lower-Tier Participants Regarding Debarment,Suspension,and Other Ineligibility and Voluntary Exclusion (1) The prospective Lower-Tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph(l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. $tt,14�' STF:3 C A t P t^11 Orv,Tt'2 6M 5E{2 v ICE Name Project Name Title Project Number 1 ECG na‘!} b t4 A L)1).— = C (>`0 4(;1- Firm Tax ID Number DUNS Number ;t'— R t Ate"-uu j A PPhO�� ) a 7/r ',a ._ Street Address,City, State,Zip Signature Exhibit l.B—3 Solicitation 21-7'763 Calhier County Comprehensive Watershed tr proyem ort.;Project(CWIP)Moo.' ,, 2 Amu 12, 2 2 C"Ats REII} E CO SUL MITTALS FORM 6: GRANT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified.Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source documentation that validates a status. Contractor means an entity that receives a coecract. A. VENDOR/PRIME CONTRACTOR INFORMATION PRIME NAME PRIMt FT ID NUMHI I: C t,1 TACt COLLAR AMOUNT .T1.C.L.{ 6i4 V tt%'DA..)y4("lt/r,Y,a:... , ..,. I�,t .�,¢� f IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? Y {N IS THE ACTIVITY OF THIS CONTRACT, MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y N;` CONSTRUCTION? Y (UBL/MBE/WBE)?OR HAVE A SMALL DISADVANTAGED BUSINESS BA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y ,If CONSULTATION? t(, Y'; N ADMINISTRATION? OR A SERVICE DISABLED VETERAN? WOE? Y <:N,; OTHER? Y !'N SOB8A? Y IS THIS SUBMISSION A REVISION? Y IS IIf YES,REVISION NUMBER,__,,,,,.,,.._.......,_. B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE,MBE,WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE PERCENT OF CONTRACT VET,SMBRA NAME SPECIALTY (See Below) DOLLARS UTA'S: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR , NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER ,y, 0"1""1`> e e to,- (4 cool 1 i is "..j NOTE:This information Is used to track and report anticipated DBE or MBE participation in federally-funded contracts,The anticipated DBE or MBE amount is voluntary and will nut become part of the contractual terms.This form must be submitted at time of response to solicitation.If and when awarded a County contract,the prime will be asked to update the Information for the grant compliance files. ETHNICITY CODE .' Blai.>;Amer T,irl BA Hispanic American HA Native American NA Subcont.Asian American SA.A Asian-Paofic American APA Non,Minority Women NMW Other:not of any other Eroup listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT H(FB/RFP or PO/REQ) GRANT PROGRAM/CONTRA CT ACCEPTED BY: DATE Exhibit I.II-4 Yt Solicitation ( 7 f 11 f County CComprehensiveVlf<s (shedrf. t ..,,. .r,t arc, .,:,, L IP ,A,� r°., : 53 june 12,2020 CAS r m0, ' REQUIREDFORM SUBMITTALS " Erg ',� � , FORM 6: GRANT PROVISIONS AND ASSURANCES COLLIER COUNTY GRANT COMPUANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES,CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES it is the policy of Collier County that disadvantaged businesses and minority vendors,as defined in the Code of Federal Regulations(CFR)or`', Florida Statutes IFS),must hove the opportunity to participate an contracts with federal and/or state grant assistance Prime Contractor/PrimeConsultant: f}y{4N14 TELL{ f'JV112DN'$§$?0 l'a W✓LL Address and Phone Number: Ibt00(> OLE A f-3Vf2A->t)E ist-'aTA VqF4I, St'I435— 2 ,l1 '',";;2 t/ .�,;:32) Procurement Number/Advertisement Number: q1 C., 7-1,1 f.' The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The list must include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation.Prime contractors and consultants must provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and 8. This form must be submitted with the bid package, 1. Federal Tax ID Number: e% 9 i 1 Li Co"7 CC> 6. DBE 8. Annual Gross Receipts 2. Firm Name: ',F4 -ri.( j V i Roo Non-DBE Less than$1 million 3. Phone Number: 2'1-3QL-tYD 3 0 2.Between$1-5 million 4.Address fC`4,110 . DL `A Ave' Between$5-10 million gt,.act I ri,) < Pir:ZIA,,)4Ca FL, 7. Subcontractor Between$10-15 million `39}05- Subconsultant ____.More than$15 million 5. Year Firm Established: ,'r`...,0,.,0 1. Federal Tax ID Number: 6. DBE 8.Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million 3. Phone Number: Between$1-5 million 4.Address _Between$5-10 million 7.8 Subcontractor Between$10-15 million Subconsultant .N....More than$15 million . 5.Year Firm Established; 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million .3. Phone Number: Between S 1-5 million 4. Address _Between$5-10 million 7.taSubcontractor Between$10.15 million Subconsultant ."...More than$15 million 5.Year Firm Established: 1. Federal Tax ID Number: 6. DBE 8. Annual Gloss Receipts 2. Firm Name: Non-DBE Less than$1 million 3. Phone Number; Between S 1-5 million 1........4.Address Between 5 5-10 million 7.® Subcontractor —1 Between$10-15 million Subconsultant More than$15 million S.Year Fires Established; Exhibit 1.B—5 Solicitation 217, ,-t I sx.l ,: County Comprehensive Watershed Improvement Project(CMP)C c,°i;t€.ring a . ,ice.: 54 June 12, 2020 t..7„,.. ., );;;.,',.''4,, ,.,. �� E iU€R a FOR tISU1.' TTJUS 4, � � FORM 6: a GRANT PROVISIONS AND ASSURANCES COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES Continued 1. Federal Tax ID Number: G.® DBE S, Annual Gross Receipts 2. Firm Name: Nor DBE Less than$1 million 3. Phone Number .+++.i Between S 1.5 million 4.Address Between$5-10 million ry �7.8 Subcontractor _Between$10-15 million Subconsultant More than$15 million �i 5.Year Firm Establisher, 1. Federal Tax ID Number: 6.0 DBE 8. A-'.ual Gross Receipts No 2, Firm Name: n-DBE Less than$3.million .... 3. Phone Number: Between$1-5 million 4. Address .... Between$5-10 million 7.8 Subcontractor _Between$10.15 million Subconsultant More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6,L..J ORE 8. Annual Gross Receipts 2. Firm Name: Non-DBE -Less than$1 million _ 3. Phone Number: Between$1-5 million 4.Address Between$5-10 million 7.8 Subcontractor 'Between$10-15 million Subconsultant More than$15 million S. Year Firm Established: 1, Federal Tax ID Number: G.EA DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million ...� 3. Phone Number: Between$1-5 million 4. Address .....Between$5-10 million 7. Subcontractor _Between$10-15 million 5ubconsultant More than$15 million S. Veer Firm Established: 1. Federal Tax ID Number: P.� DBE 8. Annual Gross Receipts 2. Firm Name Non-DBE Less than$1 million ....., 3, Phone Number: Between$1-5 million 4.Address ...wr Between$5.10 million 7. Subcontractor Between$10.15 million Subconsultant �'""'More than$15 million 5.Year Firm Established: Exhibit 1.8--6 Y c.lki at'ion 20-7768 Collier County Comprehensive Vttatershcd;i voruves ent Project(CWiP)Monitorir -.. ' ., 55 iv, f t Ef; RMM SUBMITTALS CORM 6: GRANT PROVISIONS AND ASSURANCESL' EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification Collier County Solicitation No. 1, ;'ti( ✓t ( `› rE1 tC. ,hereby certify that to the best of my knowledge,neither I nor my spouse,dependent child,general partner,or any organization for which I am serving as an officer,director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household.Also,to the best of my knowledge,no member of my household;no relative with whom I have a close relationship;no one with whom my spouse,parent or dependent child has or seeks employment;and no organization with which 1 am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter,and to disclose any interest I,or anyone noted above,has in any person or organization that does become involved in,or is affected at a later date by,the conduct of this matter. Name Slgnatufe \�P E,1t0 2O Position Dat Privacy Act Statement Title I of the Ethics in Government Act of 1978(5 U.S.C.App.),Executive Order 12674 and 5 CFR Part 2634, Subpart 1 require the reporting of this information.The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations.Additional disclosures of the information on this report may be made:(1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations;(2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena;(3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision;(4)to the National Archives and Records Administration or the General Services Administration in records management inspections;(5)to the Office of Management and Budget during legislative coordination on private relief legislation;and(6)in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding,if the information is relevant to the subject matter.This confidential certification will not be disclosed to any requesting person unless authorized by law.See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. Exhibit 1.B—7 „Alen 20-77 8 Collier County Com1 tehensive Watershed Improvement Project(CWIP)Mcnitorint 56 Tune 1.2,2020 RF.uti'":0 FORM StIRMITTAtS FORM 6 GRANT PROVISIONS AND ASSURANCES EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies,to the best of his or her knowledge,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. r "� The Contractor, Ef4' �a'1 T L Mr Certifies or affirms the truthfulness and accuracy of each ........ ..... statement of its certification and disclosure,if any.In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 11.062,Florida Statutes., apply to this c rtification tyii disclosure,if any. ,... _.._.- - Signature of Contractor's Authorized Official 1...&r ut t/ 1j VI Name of Authorized Official and Title (9 I IO f2O Date Exhibit 1.B—8 Soiicita oil 20- 7 g Collier County Comprehensive Watershed improvement Project(CWIP)Mointori g SH ,ieeo 57 June 12,2020 C,AO PEOPPrO CtiVlillTrAtt FORM 6: GRANT PROVISIONS AND ASSURANCES' -4• EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COWER COUNTY Acknowledgement of Terms,Conditions,and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name E fi -1 =C'-1 { V i=Ptt +ttf-AtM(.Date I lo)2.6 • Authorized Signature Address /ID&700 'St iJ E / i3Ctt)l ! A •rt 2 l } j Fc_ : q t 35 Solicitation/Contract# ,9O' 7 T 1 E3 Exhibit 1.8—9 Solicitation 2:, 77fl2. Collier County Comprehensive Watershed Improven1ent Pto)ect(CV IP)M anito ,r ..)e 2020 58 i;A{J oRD ANCE ® DATE(MM/DD/YYYY) Ac CERTIFICATE OF LIABILITY INSURANCE 12/03/2020 THIS TIFICATE 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). CONTACT PRODUCER NAME: Smith Insurance & Bonds PHONE FAX 239) 791-1074 2039 W. First Street, Ste. 7 IA/C.No,Extl: (866) 976-2185 (A/C,No):E-MAIL Suite 302 ADDRESS: Fort Myers FL 33901 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:StarS tone National Insurance Com 25496 INSURED (239) 304-0030 INSURERB:Travelers Casualty and Surety Co Earth Tech Environmental, LLC INSURERC:Liberty Mutual Holding Company I 10600 Jolea Avenue INSURER D:Evanston Insurance Company 35378 Bonita Sprinigs FL 34135 INSURERE: INSURER F:Westchester Surplus Lines Ins. 10172 COVERAGES CERTIFICATE NUMBER:Cert ID 4723 REVISION NUMBER: THIS IS TO INDICATED. NOTWITHSTANDING POLICIESIFY THAT THE ANYREQUI REQUIREMENT, TERM OR CONDITIONISSUED POLICY OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH THISS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) D X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR Y Y BKS (21) 61 40 82 58 06/02/2020 06/02/2021 PREMISES(Ea occurrence) $ 100,000 _ MED EXP(Any one person) $ 15,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS PRODUCT -COMP/OPAGG $ 2,000,000 X POLICY JECT LOC $ OTHER: COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY (Ea accident) C X ANY AUTO Y BA-0R137 3 11-2 0-42-G 06/02/2020 06/02/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ D UMBRELLALIAB X OCCUR USO (21) 61 40 82 58 06/02/2020 08/02/2021 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ 2,000,000 DED RETENTION$ PER WORKERS COMPENSATION T10190928 06/02/2020 06/02/2021 X STATUTE OOTH T� AND EMPLOYERS'LIABILITY y/N ER E.L.EACH ACCIDENT $ 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE NIA OFFICER/MEMBER EXCLUDED? N E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Inland Marine BKS (21) 61 40 82 58 06/02/2020 06/02/2021Equipment $PER SCHEDULE A Pollution Liability BKS (21) 61 40 82 58 06/02/2020 06/02/202lEach iPollution $ 100,000 CondDESCRIPTION OF OPERATIONS/LOCATIONS/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 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. Contract # 20-7768 Collier County Comprehensive Watershed Improvement Project (CWIP) Monitoring Service. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail E AUTHORIZED�� "jE,�REPRESENTATIVE Naples FL 34112 I�lr I /�,"!'^ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 2 CERTIFICATE COVERAGES OVERFLOW DATE(MM/DD/YYYY) 12/03/2020 PRODUCER INSURED Smith Insurance & Bonds Earth Tech Environmental, LLC 2039 W. First Street, Ste. 7 Suite 302 10600 Jolea Avenue Fort Myers FL 33901 Bonita Sprinigs FL 34135 CONTACT NAME: PHONE(A/C,No,Ext): PHONE(A/C,No,Ext): (866) 976-2185 (239) 304-0030 ADDITIONAL COVERAGES CERTIFICATE NUMBER: Cert ID 4723 REVISION NUMBER: INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS D Professional/Pollution MKLV2ENV101446 11/30/2020 11/30/2021 Aggregate $ 2,000,000 Certificate Coverages Overflow (11/2010) Page 2 of 2