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#20-7677 (Atkins North America, Inc.)
PROFESSIONAL SERVICES AGREEMENT Contract # 20-7677 for If Upper Gordon River Weir Replacement Design Services " THIS AGREEMENT is made and entered into this 'day of. anklc , 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 Atkins North America, Inc. authorized to do business in the State of Florida, whose business address is 1514 Broadway, Suite 201, Fort Myers, Florida 33901 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Upper Gordon River Weir Replacement Design 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; and 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. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Page 1 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 S 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 Mark Erwin, PE, CFM a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the Page 3 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 car CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT'S non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement- EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 `�TJ 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: Page 5 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 e4 0 a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT'S sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition Page 6 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 0 precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ■ 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. Page 7 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 0 ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. Page 8 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. Page 9 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 0 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. Page 10 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material Page 11 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 0 obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. Page 12 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Capital Project Planning, Impact Fees & Program Management Division Director: Amy Patterson Address: 2685 Horseshoe Drive S Naples, FL 34104 Administrative Agent/PM: Shane Cox, Project Manager, Senior Telephone: (239) 252-5792 E-Mail(s): Shane.Cox@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: Atkins North America, Inc. Address: 1514 Broadway, Suite 201 Ft. Myers, FL 33901 Attention Name & Title: Charlotte Maddox, PE Telephone: (239) 334-7275 E-Mail(s): Charlotte.Maddox(catkinsglobal.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. Page 13 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: Federal Grant Contract Provisions Solicitation # 20-7677 , including all Attachment(s), Exhibit(s) &Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. Page 14 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 C:40 ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties Page 15 of32 PSA CCNA Single Project Agreement 2017.010 Ver.3 S arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & Compttoller /0 - ch, . �% �L i By: it 0/11./V L.37/1/1- Date: 1- '4" do„ Penny Taylor, Chairperson • `., ' .sigltatute only., o ed as to or and egality: `'`mil,4County Attorney Ls-G-0 it L T t 4 , Name Consultant: Atkins North America, Inc. Consultant's Witnesses: By: Witnes . . Q_, c'N t er VokQL.i r Lam:1�- t' c.a.)x,\,i % Cic�-(1 --k Name and Title J 0_00(,4(\aka— Name and Title Witness Cyr di ,� 0;t%C� AarSO ( lC�' Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement 2017.010 Ve 4/1 SCHEDULE A SCOPE OF SERVICES a following this page (pages 1 through 16 ) Page 18 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 CM) SCHEDULE A Professional Engineering Services For Upper Gordon River Replacement Weir Design and Permitting (Project No: 60102) Background The Gordon River watershed is 4,432 acres and located in west-central Collier County. The Upper Gordon River Amil gate weir structure is located just south of Golden Gate Parkway at Gordon River Greenway Park and is the salinity barrier for this riverine system. In its current state, the weir structure is in disrepair and needs to be replaced. A feasibility study has been conducted for the Gordon River watershed and will be used as guidance for design of the new structure. In December 2018, Collier County completed Master Plan for the Gordon River basin and included stormwater improvements throughout the basin including the replacement of the Amil gates. Collier County also has several other weirs throughout the County that function as salinity barriers with operable gates. The County intends on developing a SCADA system to operate all of the operable stormwater structures, beginning with this project. Project Objective The objective of the overall PROJECT is twofold, 1) to design a replacement weir structure for the Upper Gordon River basin such that it can be easily accessed, function as a salinity barrier, be easily operated and maintained by COUNTY staff, and to minimize upstream water level fluctuations while also maximizing flood control for adjacent properties and additional upstream flood relief projects. 2) Develop a SCADA telemetry system that allows this this weir structure to be remotely operational and that the SCADA system is a prototype that can be expanded to include other weir structures within the County's operation. The project approach will be broken down into the major tasks referenced below. A Scope of Work for this project that meets both objectives is presented on the following pages. It will be the responsibility and goal of the Consultant (ATKINS) to adhere to the requirements outlined in the associated grant, Florida Division of Emergency Management Project#4337-305R, Contract H0379. STATEMENT OF WORK Task A- Assess Site Task Al - Survey The following tasks will be executed by a sub-contractor, , in coordination with ATKINS and COUNTY to support the weir replacement design; Task A I-1 —Control Establish relative vertical and horizontal control, referenced to GNSS/GPS positions checked against NGS benchmarks for project coordinates. (Florida State Plane East Zone NAD83 and NAVD 88). Task Al-2—Weir Site Survey Extents and Details E.F. GAINES perform topographic and bathymetric surveying of the project limits as described above, including, but not limited to, above ground and visible surface features such as utilities, fences, driveways, parking lots, sidewalks, buildings, light poles, ditches, drainage structures and trees greater than 6" diameter DBH (with type and size). Additionally, elevations will be obtained on a 50' grid with additional elevations as needed to reflect the existing terrain. Locate wetland delineation flags and seasonal high water (SHW) marks to be set by others prior to commencement of the survey. Locations of geotechnical SPT borings will also be located horizontally and vertically (ground elevation at boring locations). No sub-surface utilities will be located as part of this task. Three (3) cross sections, inclusive of topographic and bathymetric data, will be taken at the following locations: X-Sectl — Approximately five (5) feet south of existing box culvert end wall (south side of Golden Gate Parkway). X-Sect2 — Approximately thirty (30) feet south (downstream) of existing AMIL gate weir structure. X-Sect3 — Approximately eighty (80) feet south (downstream) of existing AMIL gate weir structure. The cross sections shall be taken perpendicular to the centerline of canal and depict the tops of banks (TOBs), toes of slopes, and centerline of canal, and extent 10 feet outside the TOB. 2 _g_ �w 2a K C.fit X' +c �� ,!. $ , '34r g •> ay " � � '�' • Project Arco . (Approx. . `, 3O` CrOSS • r7‘410T ...,..; BBB P. Figure 1 Task A 1-3 —Weir Site Property Boundaries Recover and locate sufficient monumentation to plot the relevant property, right-of-way, and easement linework based on current deeds, easements, right-of-way maps and recorded subdivision plats. Assistance by the Client and/or Owner may be required in obtaining copies of these documents (particularly copies of County right-of-way maps and easements). This is not a Boundary Survey and no property corners will be set. The intent of the property, right-of-way and easement lines being shown on this Topographic Survey is to provide the Client with the limits of construction for the design of the new weir and ownership of the adjacent properties. 3 Task Al-4—New Weir Site Benchmarks Set two (2) onsite benchmarks to aid contractor in construction. Task Al-5 — Sketch and Legal Descriptions (If Required) Prepare two (2) sketch and legal descriptions of easements or parcels of land. Provide PDF copies of the documents digitally signed by a licensed Florida Professional Land Surveyor. Task Al - Deliverables 1. Three-dimensional CADD file (Civil 3D version 2018), inclusive of a digital terrain model of the topographic/bathymetric survey and the property ownership data. 2. Digital copy of the Topographic Survey digitally signed by a licensed Florida Professional Land Surveyor. 3. Digital copies of the sketch and legal for two (2) parcel or easement Task A2—Geotechnical Exploration Task A2-1 —Geotechnical Exploration (SPTs on canal banks only) The following tasks will be executed by a sub-contractor, , in coordination with ATKINS and COUNTY to support the weir replacement design; • Perform test boring layout and notify the Florida One Call system so underground utility check can be performed by member operators. • Obtain the necessary Collier County permits for the geotechnical investigation. • Perform two Standard Penetration Test (SPT) borings to a depth of 35 feet near the proposed weir location. One on the west side of the river and one on the east side of the river. The SPT borings data shall be shown relative to the NAVD88 datum. The SPT borings will also determine the presence of caprock, or the lack thereof. • Review each soil sample obtained in the field exploration program in the laboratory for further identification and assignment of laboratory tests. • Perform the appropriate laboratory tests on selected samples. Anticipated tests are classification tests consisting of sieve analysis, Atterberg limits, and/or organic content to aid in soil classification. • Analyze the existing soil conditions with respect to the geotechnical aspects of design and construction. 4 c M) • Perform probes to a depth of up to 5 feet below the mudline to identify organic materials and capstone (if any) within the area of Upper Gordon River in which the new weir structure will be placed (a roughly 10' X 50' grid of probes within the river at approximately 10' intervals). • Perform a seepage analysis for location of new weir. Task A2-2—Geotechnical Exploration (In-river SPTs - optional) Following the muck probe investigation in Task A2-1, if caprock is encountered, the COUNTY, ATKINS and ATKINS' subconsultant will hold a meeting to discuss the potential benefits of conducting additional borings directly in the river. The meeting will focus on whether this additional geotechnical information would provide a substantially better risk profile for contractors during the PROJECT bid process, ideally resulting in lower bids. If agreed to at the meeting, the following tasks will be executed by GCGE, only with authorization of the COUNTY and ATKINS; • Perform test boring layout and notify the Florida One Call system so underwater utility checks can be performed by member operators. • Obtain the necessary Collier County permits for the geotechnical investigation. • Mobilize a barge mounted drill rig and safety boat to the site and place in the river(crane service is anticipated). • Perform two Standard Penetration Test (SPT) borings to a depth of 35 feet near the proposed weir location within the river. • Review each soil sample obtained in the field exploration program in the laboratory for further identification and assignment of laboratory tests. • Perform the appropriate laboratory tests on selected samples. Anticipated tests are classification tests consisting of sieve analysis, Atterberg limits, and/or organic content to aid in soil classification. • Analyze the existing soil conditions with respect to the geotechnical aspects of design and construction. 5 Task A2 - Deliverables I. An engineering report from ATKINS' subconsultant that documents the results of the field exploration, laboratory testing programs, and seepage analysis and will offer conclusions/recommendations for the design and construction of the new weir. The report will also present subsurface soil conditions, anticipated soil or rock types and conditions at the new weir location, and sheet pile wall design parameters. Task B—Weir Design Process Task BI — Establish Plan to remove existing Weir The existing weir will be removed as appropriate for the future design. The existing weir site will be restored such that it is not a hydraulic restriction to flows through the existing site. The existing retaining walls on either side of the structure that are connected to the box culverts under Golden Gate Parkway will be reviewed by a structural engineer to determine if these can remain as part of the new overall site design. Task B1 - Deliverables 1. Comments and notes within the final plans and technical specifications that direct the contractor to safely remove the existing weir, and to protect the existing retaining walls if deemed to remain by final design. Task B2— Design New Weir It is assumed that the weir is to be a straight standard weir with two slide gates. Although, it is proposed to conduct a preliminary engineering study or Basis of Design Report (BODR)to determine the weir size, configuration, access, point of commercial power connection, emergency power needs, site SCADA telemetry configuration and exact location prior to detailed design to make sure to meet the COUNTY's goals. Task B2-1 - Basis of Design Report (BODR) ATKINS and its subconsultant will complete a Basis of Design Report that proposes a recommended weir configuration and submit it to the COUNTY to get approval on the new weir design concept prior to starting the 60% design plans. The objective of the BODR will be to provide the COUNTY with adequate information to evaluate proposed weir designs, types and configurations, as well as, any recommendations and/or technical guidance and requirements needed to develop bid documents for construction of the PROJECT. This 6 document will identify existing conditions that influence the final design of the PROJECT. The report will include, at minimum, the following items; • Site characterization • Updated H&H Modeling analysis for multiple weir configurations and operations to develop alternatives including a recommended alternative • At least three (3) weir configuration alternatives (modeling scenarios) shall be evaluated with the recommended alternative providing protection against the 25-year storm event. • A Benefit-Cost Analysis (BCA) shall be developed and included in the report that satisfies the grant requirements. • Conduct a Historical Preservation, Archeological and Tribal Consultation investigation, and develop documents necessary to satisfy these grant requirements. • Conduct an upstream and downstream analysis of the existing gage data to establish a water control elevation, high-water and higher high-water stage alerts and to design a weir that minimizes backflows from high tides to only extreme events. • Analyze the effects of future Sea Level Rise on the structure and upstream properties relative to the structure elevation(s) of the proposed weir using the most recent accepted SLR guidance for Collier County or the Southeast Florida Regional Compact as directed by the COUNTY. • Final determination of permitting requirements, including seasonal gate operation schedules. • Develop preliminary gate operation criteria to be used in the SCADA telemetry logic programming • Conceptual layout that depicts the recommended design for the location and configuration of the weir. • Investigate and recommend site access location(s), workspace and parking area. The goal will be to maximize the useful area of the site and provide safe ingress/egress. • Identify general electrical criteria such as equipment voltage and configuration subject to availability from the local power utility. Identify general lighting, grounding/bonding, and lightning protection. Establish a conceptual site plan electrical layout and power distribution one-line diagram. • Identify standby emergency generator power requirements, capacity, fuel type, location and design criteria. • Identify general instrumentation and control criteria and overall control system philosophy to support operational needs and requirements. • Prepare a conceptual level opinion of probable construction cost. Task B2-1 -Deliverables 2. Both a draft and final BODR 3. Digital version of the Preliminary Engineer's Opinion of Probable Cost at a 30% (conceptual) design level Task B2-2— SCADA and Remote Telemetry System Technical Memorandum The County has identified a need to control and monitor the Upper Gordon River Gate Structure from remote locations, specifically, from County Stormwater Operations and the County Emergency Operations Center. The existing Upper Gordon River Gate structure is not remotely controlled and monitored from County facilities and a need to deploy a remote telemetry radio communications system, together with a supervisory control and data acquisition system operations system has been identified as a critical element of this project. The County has identified Emerson Remote Automation Solutions OpenEnterprise SCADA software as the desired operator interface for deployment in the Emergency Operations Center to be congruent with the system currently under deployment by the South Florida Water Management District (SFWMD). The County has an existing radio telemetry system deployed by Public Utilities to monitor and control remote assets in the County water and wastewater systems. County Stormwater Operations desires to determine the feasibility of expanding the Public Utilities radio telemetry system to include the Upper Gordon River Site, and potentially other stormwater structures/sites in the future for radio telemetry communications while deploying the Emerson SCADA software independent of the current Public Utilities system. Alternatively, if the existing Public Utilities radio telemetry system is determined to not be a viable option, then County Stormwater Operations desires to evaluate deployment options for a stand-alone radio telemetry system that is expandable in the future to include other structures/sites. ATKINS' subconsultant will prepare a technical memorandum analyzing and evaluating the two approaches identified above, as well as the 8 features and costs of the Emerson SCADA software best suited for County Stormwater Operations. Specifically, the Technical Memorandum will: • Investigate the feasibility of expanding the existing Public Utilities operated radio telemetry communications infrastructure to integrate the new Upper Gordon River Site, and possible expandability for future similar sites and establish a remote monitoring and control SCADA system and workstation located in the existing Emergency Operation Center (EOC). ATKINS' subconsultant will meet and discuss with Public Utilities the project approach, expected data requirements for the Upper Gordon River Site and the potential expandability for up to an additional seventy-two (72) sites for monitoring, of which twelve (12) sites will also requiring remote control capability. It is anticipated that County Stormwater Operations will identify all future sites for possible connection to the Public Utilities radio telemetry system. • Identify recommended SCADA operator interface hardware and software deployment options of the Emerson system for consideration by the County Stormwater Operations. • If it is determined that the Public Utilities System is not a viable approach, a new radio telemetry system generally consisting of a master antenna (and tower if necessary), base station radio, choice of radio frequency modulation will be analyzed and evaluated. • Identify minimum hardware requirements for SCADA server(s), workstations and other devices necessary for deployment of the Emerson SCADA software in congruence with the recommended radio telemetry approach. • Evaluate and recommend locations for SCADA server(s) and SCADA workstation(s) in the existing County Emergency Operations Center. • Perform a radio path survey to determine recommended Gordon River Weir antenna heights, radio frequencies for best performance (if not using Public Utilities Telemetry System), and base station radio system heights if a standalone deployment is selected. • The Technical Memorandum scope will be limited to the deployment of the Upper Gordon River site for connectivity. The Technical Memorandum (TM) will evaluate Remote Telemetry System architectures for the options and make recommendations for County use in determining the best value approach for SCADA and telemetry communications. The Technical Memorandum will be submitted as a draft for County review, discussion, and comment. County comments will be 9 incorporated into a final Technical Memorandum that will be the basis of design for the project SCADA and radio telemetry features. ATKINS and ATKINS' subconsultant will attend a virtual/remote review meeting with COUNTY to review and discuss the technical memorandum and receive comments. The comments will be incorporated into a final technical memorandum that will become the basis for the SCADA and Radio Telemetry Design. Task B2-2 -Deliverables 1. Draft TM 2. Review Meeting Minutes 3. Final TM Task B2-3 — Utility Coordination ATKINS will identify, within the final contract plans, the existing utility information based on available information provided by the existing utilities within the project limits. ATKINS will coordinate with Sunshine 811 and submit a design ticket in order to identify any existing utilities within the project areas. ATKINS will resolve any conflicts with the proposed stormwater facilities and existing utilities through relocation of the proposed stormwater facilities or providing relocation recommendations to the affected utility owners. ATKINS will also begin utility coordination with all existing utilities upon completion of the BODR or prior. The scope does not include the design of any relocation plans for any of the existing utilities within the project limits. ATKINS' subconsultant will conduct coordination with power utility for service requirements to new gate location. Task B2-3 -Deliverables 4. Any data or records of coordination with utilities Task B2-4—New Weir Structure and Site Design The weir support structure design will be composed of a concrete structure that will be founded on a spread foundation. The structure will be adequately designed to comply with the geotechnical recommendations and be designed to support the water pressure behind the weir. The structure will be designed such that multiple operational gates can adequately be attached to the structure for automated operation. The structure will be designed such that flows through the structure primarily flow over the operational gates but will have designed concrete overflow locations. Attachments to the structure will be detailed for any other 10 secondary items such as security gates, railings, catwalks, etc. Plan, elevation and sections required to adequately detail the structure will be included. Concrete dimensions and steel reinforcement details will also be included. Structural details will not be included in the 60% plan set as to not cause structural re-design efforts, in the event modifications to the structure dimensions or configurations are requested at that design level. It is assumed that the weir geometry will be linear and have minimal or no angles when looking in plan view. If a "sawtooth" or "piano-key" type weir is desired after the BODR is complete, a design fee modification may be required. In addition to the weir structure, catwalk and maintenance access, the design for the site will include basic necessities for housing the SCADA and electrical components including a back-up power generator and building enclosure. The building enclosure will be strong enough endure hurricane force winds and have a lifespan similar to the lifespan of the weir structure. ATKINS will design a seepage preventing wall under the weir structure based on the results in the seepage analysis to prevent seepage under the structure. The channel banks will be regraded to adequately accommodate the new weir structure and to transition back to existing grade on both the upstream and downstream sides of the new weir structure. ATKINS' subconsultant will provide design for the electrical, instrumentation, control and telemetry features for the project. The design will be based on the technical memorandum in TASK B2-2 and allow the County to monitor water levels upstream and downstream, set automated control for, and allow for manual control of all of the operable gates on the weir. The plans will be prepared to acceptable standards of draftsmanship in a manner to ensure clarity and legibility of reproductions. Draftsmanship (lines and lettering) will conform to samples available from the COUNTY (if provided). Plans will be clearly legible and easy to read for construction purposes and for archiving upon construction completion. All sheets in the plans sets will be 22 inches by 34 inches in size (11 x 17 for half-scale hard copy printouts). Borders and title blocks will conform to current COUNTY format. All drawings will meet the statutory requirements for plans filed for public record. If necessary, the COUNTY will provide an example set of construction plans to ATKINS demonstrating the expected quality of construction plan sets needed for the PROJECT. 11 The Professional Engineer(s) in responsible charge for the design of the PROJECT will affix to the cover sheet of the final construction plans and Technical Specifications, the firm's name, his/her signature and registration number as a Professional Engineer in the State of Florida, in accordance with state law governing Professional Engineers. Format for Technical Specifications, ATKINS and ATKINS' subconsultant will include any special provisions and/or supplemental conditions and will follow COUNTY standards necessary for the proper preparation of a Request for Bid to be released by the COUNTY to secure construction services for the PROJECT. Task B2-4 -Deliverables 1. At the 60% submittal, ATKINS in conjunction with ATKINS' subconsultant will provide the following: • Documented utility relocation schedules and/or"No conflict" letters • Four(4) Complete Hardcopy Sets of Contract Plans (1 1"x 17") • Digital version of the Design Plans at the 60% level • Digital version of the 60% Engineer's Opinion of Probable Cost 2. At the 100% submittal, ATKINS in conjunction with ATKINS' subconsultant will provide the following: • Four(4) Complete Hardcopy Sets of Contract Plans • Digital version of the 100%Engineer's Opinion of Probable Cost • Digital version of the Design Plans at the 100% level • Draft Technical Specifications Document 3. For Final Construction/Bid Documents ATKINS in conjunction with ATKINS' subconsultant will provide • Two (2) hardcopy Signed and Sealed Sets of Plans • One digital version of all final and complete project files per Collier County Standards including; o Digital Version of the Final Signed and Sealed Plan Set o Final Technical Specifications Document o Digital versions of all permits o Quantity Takeoff/Bid Schedule Document in Excel Format 12 o Final Engineer's Opinion of Probable Cost in Excel format Task B2-5 —Constructability Review ATKINS will complete a constructability review of plans at the 60% design level. The constructability review will be completed by design/construction staff of ATKINS that are considered experts and can provide an independent review to identify any potential construction conflicts or issues. These staff will have not been involved in the design process. Task B2-5 -Deliverables 1. Comments generated by the review and responses to the comments Task B3—Permitting Task B3-1 —Pre-Application Meetings ATKINS will hold pre-application discussions with SFWMD and USACE (if available). These will be held via teleconference with screen-sharing in order to economize costs (if possible). However, we will meet with them in person if required. Task B3-2—Environmental Field Review and Data Collection ATKINS will perform a field review to determine the potential for the existence of threatened and endangered species habitats within the project limits. Notes will be developed for the plans that will direct the Contractor on how to handle encountering any of these species. Relocation of threatened or endangered species is not included. ATKINS will also delineate and determine season high water elevations for wetlands within the PROJECT area. Task B3-3 — South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) ATKINS will complete the permit application to SFWMD for an Exemption (62-330.051) or Minor Modification (62-330.060) and assist in obtaining an ERP permit for the PROJECT. This task assumes that the weir replacement will be on the south side of Golden Gate Parkway (the same site it is, currently) ATKINS will perform the following tasks, which are anticipated to be necessary to obtain the permit: • Complete application forms. • Develop a technical summary describing the proposed design and operation of the structure. • Respond to up to two SFWMD requests for additional information. 13 • No wetland delineation is anticipated to be necessary for permitting Task B3-4—Dewatering Permit ATKINS will complete an application and assist in securing a dewatering permit for the PROJECT. The project will likely not qualify for a "No Notice" permit, therefore an Individual Water Use Permit (40E-2.101, F.A.C.) will need to be obtained for dewatering. The dewatering plan in the permit will be ATKINS' best judgment of how to preform the dewatering but will likely be re-configured by the contractor after PROJECT bidding award. Task B3-5 —United States Army Corps of Engineers(USACE)permit ATKINS will prepare notice for USACE Nationwide Permits 7, 31, or 43 and assist in obtaining the USACE permits for the PROJECT. ATKINS, in addition to preparing the permit applications, will also include providing the Contractor(s) with educational materials (in the form of notes in the plans) informing them of the measures that should be taken to protect any threatened or endangered species encountered on the project site. Task B3 -Deliverables 1. Meeting minutes from all pre-application meetings 2. Submittal of completed ERP application. 3. Submittal of completed Dewatering Permit application. 4. Submittal of completed USACE Permit application. Task C—Bidding Services ATKINS will, during the bidding phase of the PROJECT, provide the following services: • Compile and organize all electronic files and hard copies of all necessary documents for the construction bid package. • Produce final set of plans ("Conformed Plan Set") if necessary, contingent on Contractor's comments • Respond to contractors' bid questions. • Issue Addenda • Review Contractor's bids for reasonableness and, if appropriate, submit a letter to the COUNTY recommending the award of the low bidder. Task D—Construction Assistance/Post Design Services 14 x`AO ATKINS will, during the construction phase of the PROJECT, provide the following services: • ATKINS and ATKINS' Subconsultant to attend pre-construction meeting • ATKINS to provide engineering and design clarification/advice to contractor Requests for Additional Information (RAI's) on the weir and site design, up to five (5)requests. • ATKINS' to provide engineering and design clarification/advice to contractor Requests for Additional Information (RAI's) on the SCADA and electrical design, up to five (5) requests. • ATKINS to provide shop drawing and submittal review and approvals services for weir and site design items (up to 10 submittals) • ATKINS' to provide shop drawing and submittal review and approvals services for SCADA and electrical items(up to 20 submittals& 10 resubmittals) • ATKINS' to provide interpretations, clarifications and change orders on SCADA and electrical items (total 3) • Provide plan revisions necessary during construction due to changes in field conditions and/or direction from the COUNTY. • ATKINS to conduct 5 site visits: 3 during construction and 1 each for substantial and final completion • ATKINS'to conduct (up to) 10 site visits: 8 visits during construction and 1 each for substantial and final completion • Convert the Environmental Resource Permit to the operation phase (as-built drawings with signed and sealed survey to be provided by the construction contractor) • Assist the County with the Self-Certification Statement of Compliance for the USACE permit. • ATKINS and ATKINS' to certify record drawings Task E—Project Management and Project Quality Assurance/Quality Control ATKINS will provide project management and QA/QC services throughout the life of the PROJECT. This task involves managing the technical work, communicating, invoicing, and coordinating with the COUNTY staff and subconsultants. ATKINS Project Manager will be responsible for overall COUNTY satisfaction in all aspects of the PROJECT including the 15 CAO schedule, deliverables, and quality control. Meetings will be held subsequent to each design deliverable as well as one kick-off meeting to be held at project initiation. This task includes up to five (5) in-person meetings and eight (8) virtual meetings. This task also includes conducting quality control on each work product and deliverable. This tasks also includes the maintenance of Quality Records. ATKINS will maintain adequate records of the quality assurance actions performed in providing services this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall be available to the COUNTY, upon request, during the Agreement term. ATKINS will furnish the COUNTY within thirty (30) days a Project Quality Assurance/Quality Control Plan detailing the procedures and evaluation for providing services pursuant to this Agreement. 16 0 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 A Assess Site $38,120.00 $ B Weir Design Process $301,934.12 $ C Bidding Assistance $15,400.88 $ D Limited Construction Phase Services $72,452.40 $ E Project Management & QA/QC $51,808.00 $ $ $ 5% Subconsultant Mark-Up $10,112.52 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ _ $ $ $ $ $ $ $ Total Lump Sum Fee $489,827.92 $ Total Time and Materials Fee $ $ GRAND TOTAL FEE $489,827.92 $ Page 19 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ❑* . . . ean tlae- with r With each monthly Application for Paymcnt, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT' Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ❑■* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. Page 22 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 CA() SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Senior Project Manager $207 Senior Engineer $180 Engineer $140 Senior Designer $130 Designer $113 Chief Engineer $225 Environmental Specialist $124 Senior Environmental Specialist $160 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Task/Item Days For Completion Description of Task from Date of Notice to Proceed A Assess Site 180 B Weir Design Process 550 C Bidding Assistance 750 D Limited Construction Phase Services 1200 E Project Management & QA/QC 1200 Page 24 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 CA() SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 AO 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? n Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ❑� No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes n No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? it Yes Li No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,00 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? Yes I,I No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? Yes n No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? I■I Yes I I No Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. Page 27 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? I 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? ■ Yes n No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Atkins North America, Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Upper Gordon River Weir Replacement Design Services "project is accurate, complete and current as of the time of contracting. BY: TITLE: • i DATE: 0 - ' cl Page 30 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Mark Erwin Sr. Project Manager 12 Ed Cronyn Sr. Environmental Specialist 4 Richard Uptegraff Chief Engineer 5 Michael Ryan Chief Engineer 1 Sr. Engineer 8 Engineer 14 Sr. Designer _ 6 Designer 6 Environmental Specialist 2 Page 31 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE G Other: Federal Grant Contract Provisions (Description) I. following this page (pages 1 through 10 ) fI this schedule is not applicable Page 32 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 EXH. 1.A FEDERAL GRANT CONTRACT PROVISIONS COLLIER COUNTY FEMA-HAZARD MITIGATION GRANT PROGRAM(HMGP) CONTRACT PROVISIONS CFDA 97.039 This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract(including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-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. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal,State, and local laws, regulations, codes and ordinances: The Hazard Mitigation Grant Program (HMGP)is generally governed by the following statutes and regulations: o 2 C.F.R. Part 200 Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards O 44 C.F.R. Parts 7, 9,10,13,14,17,18, 25,206, 220, and 221, and any other applicable FEMA policy memoranda and guidance document; o The Robert T. Stafford Disaster Relief and Emergency Assistance Act o State of Florida Administrative Plan for the Hazard Mitigation Grant Program FCP-1 C;A0I . ' FEDERAL GRANT CONTRACT PROVISIONS APPLICABLE FEMA HMGP PROVISIONS Access to Records:(1)The contractor agrees to provide the County,the FEMA Administrator,the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, Collier County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Administrative,Contractual,or Legal Remedies: Applies to contracts greater than the simplified acquisition threshold, currently set at$250,000. Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government 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. Americans with Disabilities Act: The contractor agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. Buy America Act: Applies to subcontracts. The contractor agrees to comply with 41 U.S.C. 10a. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. Byrd Anti-Lobbying Amendment: Applies to contracts>$100,000. Contractors who apply or bid for an award of$100,000 or more shall 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 shall 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 recipient. Changes: See Standard Purchase Order Terms and Conditions. Clean Air Act and the Federal Water Pollution Control Act: Applies to all contracts and subcontracts>$150,000. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387)and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). Compliance with Federal Law,Regulations,and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations,executive orders, FEMA policies, procedures, and directives. Contract Work Hours and Safety Standards: Applies to Contracts>$100,000 and involves the employment of mechanics or laborers. 29 C.F.R. §5.5(b) (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. FCP-2 4D X r I A FEDERAL GRANT CONTRACT PROVISIONS (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph ( 1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3)Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this section." Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms: §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b)Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) 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; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)through (5)of this section. b. The requirement outlined in subparagraph a. above, sometimes referred to as"socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures(e.g. "project splitting"). FCP-3 EXH 1.A FEDERAL GRANT CONTRACT PROVISIONS Copeland "Anti-Kickback"Act: a. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach.A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as provided in 29 C.F.R. §5.12. Debarment and Suspension: (1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County, If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. 6201). Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4(b). During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation,gender identity, or national origin. Ill. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, FCP-4 r.* EXH. 1.A FEDERAL GRANT CONTRACT PROVISIONS hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers'representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. VI, The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs(1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Procurement of Recovered Materials(§200.322): Requirements: The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. 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 by 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. (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or(iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-quideline-cpq-program. (3)The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. FCP-5 ('h EXH. 1.A FEDERAL GRANT CONTRACT PROVISIONS Termination for Cause and Convenience: Applies to all contracts>$10,000. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30)day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. STATE PROVISIONS Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Immigration and Nationality Act: The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Public Records: The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However,when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. FCP-6 ATK€NS,A MEMP.IER OF'THE.SNG-L.AVALIN GROUP Collier County SolicitatIon 20-7877 EXHIBIT LB FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terris,Conditions,and Grant Clauses Certification 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. On behalf of my firm, I acknowledge,the grant requirements identified in this document. Vendor/Contractor Name Atkins North America,Inc. Date 2/20/2020 Authorized Signature EXHIBIT LB-1 1/22/2020 8:57 AM p.33 _. GOUDGN R Vt El WEIR EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR Atkins Nort eArnerica, Inc. By: .. `Ssnatu re Charlotte Maddox, Vice President Name and Title 4030 W Boy Scout Blvd. Suite 700 Street Address Tampa, FL 33607 City,State,Zip 295224364 DUNS Number 9/29/2020 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: H0379 FEMA Project Number: 4337-305-R EXHIBIT I.B-2 A"KIN;,,A ndc"v43'r.'.Ft r);- I'+~F. ,Iv;; LAVA L.I"J s6?0ur; Collier County Solicitation 20-7677 COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status wit be verified. Unverifabie 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 contract. A. VENDOR/PRIME CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER y CONTRACT ISOLLAR AMOUNT Atkins North America,Int, 59-896138 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? Y (N) 15 THE ACTIVITY OF THIS CONIRACI, MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y (N) CONSTRUCTION? Y iv) {ORE/MBE/Wee(?OR HAVE A SMALL DISADVANTAGED BUSINESS BA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y (N) CONSULTATION? (V) N ADMINISTRATION? OR A SERVICE DISABLED VETERAN? WBE? Y FI) OTHER? Y N SDB BA? Y (I) { 15 THIS SUBMISSION A REVISION? Y (l IF Y) ES,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,WEE SUBCONTRACTOR OR SUPPUER TYPE OF WORK OR ETHNICITY CODE PERCENT OF CONTRACT VET,SMR$A NAME SPECIALTY (See Below) DOLLARS _ y MBE Hillers Electrical Engineering,Inc. Electrical HA { WBE E,F.Gaines Surveying Services,Inc. projact Surveyor NM W • TOTALS. C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Charlotte Maddox,PE 2/20/2020 Vice President,Sector Manager EMAIL ADDRESS OF PRIME(SUBMITTER} TELEPHONE NUMBER FAX NUMBER Charlotte.Maddoxdiatklnsgiobai.com 813.281.8367 B13.281,3634 NOTE:This Information is used to track and report antldpated DBE or MBE participation In federally-funded contracts.The anticipated OBE or MBE amount Is voluntary and will not become part of the contractual terms.This form most be submitted at time of response to a solicitation.If and when awarded a County contract,the prime will be asked to update the Information for the grant compliance files. I ETHNICITY CODE BlackAmericen'— BA Hispanic American HA Native American NA Subcont,Asian American SAA • Asian-Pacific American AM Non-Minority Women NMW Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT'NAME COLUER CONTRACTS(IFe/RFP or PO/REOI GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE 1/22/2020 6:57 AM EXHIBIT LB-3 p.35 .,tITY- . rl:it uoi ) N :vi:ii WEIN IT II=D T.ACEMENIT1 ,r.Eai:l, l(:::, CA() Collfer County 3olldtation 20-7677 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding$100,0001 The undersigned[Contractor]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 falls 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. The Contractor 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. Atkins North Am,rica, Inc. Contrs,tc e((Firm me) r - 'Signature of Contractor's Authorized Official Charlotte Maddox, PE, D.WRE;Vice President/Senior Sector Manager Name and Title of Contractor's Authorized Official 2/20/2020 Date EXHIBIT I.B-4 1/2212020 6:57 AM p.38 ,4��o® CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) 10/27/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: TWO ALLIANCE CENTER PHONEo.Ext): FAX No): 3560 LENOX ROAD,SUITE 2400 E-MAIL ATLANTA,GA 30326 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102421774-Atkin-GAWE-20-21 NOC INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:American Guarantee&Liability Ins Co 26247 Atkins North America,Inc. 4030 West Boy Scout Blvd.,Ste 700 INSURER C:National Union Fire Ins Co.of Pittsburgh PA 19445 Tampa,FL 33607 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-005026670-08 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GL00137576-06 10/15/2020 10/15/2021 EACH OCCURRENCE $ 2,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 50,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP0137575-06 10/15/2020 10/15/2021 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ B X UMBRELLA LIAB X OCCUR AUC9304209-18 10/15/2020 10/15/2021 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC0137577-06 10/15/2020 10/15/2021 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liability 15808715 04/30/2020 04/30/2021 Limit:Per Claim 1,000,000 (claims made policy) (See additional page) Annual Aggregate: 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:RPS No.20-7677;Upper Gordon River Weir Replacement Design Services"For any and All work performed on behalf of Collier County Collier County Board of County Commissioners is included as additional insured where required by written contract with respect to general liability and auto liability coverages. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail East,Bldg C-2 ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee nuooi.: ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102421774 LOC#: Atlanta ACCORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,INC. Atkins North America,Inc. 4030 West Boy Scout Blvd.,Ste 700 POLICY NUMBER Tampa,FL 33607 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Professional Liability: Professional Liability placement was made by Marsh Canada.Marsh USA has only acted in the role of a consultant to the client with respect to the placement,which is indicated here for your convenience. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Blanket Notification to Others of Cancellation ZURICH or Non-Renewal Policy No I-IT.Date of Vol F p f}ue of Pol P fl'. Date of End. Producer No. Addl.Prrm Re•ium Prcm BAP 0137575-06 10/15/2020 10/15/2021 18232000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium;or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A.and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW(01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc..with its permission. Blanket Notification to Others of Cancellation ZURICH or Non-Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0137576-06 Effective Date: 10/15/2020 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non-renewal: 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2.above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal;or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U-GL-1521-B CW(01/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B.of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Number of Name and Address of Other Person(s)/Organization(s): Days Notice: ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE NOTICE OF CANCELLATION IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT 30 All other terms and conditions of this policy remain unchanged. WC 99 06 33 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance. Inc.with its permission. Page 1 of 1