Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 05/11/2021 Item #11G (RPS #21-7828 w/Coastal Protection Engineering)
05/11/2021 EXECUTIVE SUMMARY Recommendation to award an agreement to Coastal Protection Engineering, LLC for Request for Professional Services (“RPS”) No. 21-7828, “Design, Engineering and Permitting Services for Beach Re-Nourishment Projects,” in the amount of $524,595.50 (Projects 90066, 90068 & 50126), authorize any necessary budget amendments, and make a finding that these expenditures promote tourism. (This item is companion to Item 11F) OBJECTIVE: To obtain professional engineering services for FY2022 Collier Beaches Re-nourishment project. CONSIDERATIONS: The Coastal Zone Management Section is responsible for maintaining critically eroded beaches of Collier County. Annual beach re-nourishment projects range in size and scope at the critically eroded beaches of Vanderbilt, Pelican Bay, Naples, and South Marco Island. The Coastal Zone Management FY20-21 10-year planning document, approved by the Board on September 22, 2020 (Agenda Item 16.A.8), budgeted for re-nourishments to Vanderbilt, Pelican Bay, and Naples beaches. On February 23, 2021, the Board accepted the selection committee ranking and authorized staff to negotiate an agreement with the top ranked firm, Coastal Protection Engineering LLC (“Coastal”), for RPS No. 21-7828, “Design, Engineering and Permitting Services for Beach Re-Nourishment Projects” (Agenda Item 16.A.15). Staff negotiated and reached a proposed agreement with Coastal for a contract in the amount of $524,595.50 covering all professional services. The total contract amount negotiated subject to the Board’s approval is for Design, Engineering and Permitting services for Naples, Vanderbilt, and Pelican Bay Beaches. A copy of the proposed Agreement is attached for the Board’s review and consideration. FISCAL IMPACT: To commence design and sand production in FY 2021 a budget amendment, in the amount of $2,800,000 is required transferring funding within Tourist Development Council (TDC) Fund (195) from Reserves to the Naples Beach and Vanderbilt Beach Project as follows: 90068 - Naples Beach $1,400,000.00 90066 - Vanderbilt Beach $1,400,000.00 Funding for the professional services contract discussed herein, in the amount of $524,595.50, is available within TDC Fund (195) and Pelican Bay Fund (322) and will be allocated as follows: 90068 - Naples Beach $245,441.50 90066 - Vanderbilt Beach $203,466.00 50126 - Pelican Bay Beach $75,688.00 Partial reimbursement of this work may be provided by the Florida Department of Environmental Protection. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. 11.G Packet Pg. 152 05/11/2021 ADVISORY BOARD RECOMMENDATIONS: This item was reviewed and approved unanimously 9- 0 vote by the Coastal Advisory Committee (CAC) on April 8, 2021. The Tourist Development Council (TDC) approved this item on April 26, 2021 (9-0 vote). RECOMMENDATION: To award the attached agreement to Coastal Protection Engineering, LLC for Request for Professional Services No. 21-7828, “Design, Engineering and Permitting Services for Beach Re-Nourishment Projects,” in the amount of $524,595.50 (Projects 90066, 90068 & 50126), authorize any necessary budget amendments, and make a finding that these expenditures promote tourism. Prepared By: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department. ATTACHMENT(S) 1. [Linked] 21-7828 Coastal Protection Engineering_Contract_VendorSigned (PDF) 2. 21-7828 Coastal Protection_Insurance_ 8-16-21 (PDF) 11.G Packet Pg. 153 05/11/2021 COLLIER COUNTY Board of County Commissioners Item Number: 11.G Doc ID: 15600 Item Summary: Recommendation to award an agreement to Coastal Protection Engineering, LLC for Request for Professional Services (“RPS”) No. 21-7828, “Design, Engineering and Permitting Services for Beach Re-Nourishment Projects,” in the amount of $524,595.50 (Projects 90066, 90068 & 50126), authorize any necessary budget amendments, and make a finding that these expenditures promote tourism. (This item is companion to Item 11F) (Andrew Miller, Principal Project Manager, Coastal Zone Management) Meeting Date: 05/11/2021 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Jessica Arencibia 04/13/2021 2:13 PM Submitted by: Title: Division Director - IF, CPP & PM – County Manager's Office Name: Amy Patterson 04/13/2021 2:13 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Andrew Miller Additional Reviewer Completed 04/13/2021 2:15 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/13/2021 2:35 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/13/2021 2:55 PM Procurement Services Viviana Giarimoustas Additional Reviewer Completed 04/13/2021 3:45 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 04/13/2021 5:36 PM Procurement Services Sandra Herrera Additional Reviewer Completed 04/14/2021 9:12 AM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 04/15/2021 11:05 AM Growth Management Operations Support Raquel Ovares Additional Reviewer Completed 04/15/2021 2:18 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/16/2021 7:38 AM County Manager's Office Amy Patterson Additional Reviewer Completed 04/20/2021 1:20 PM Grants Valerie Fleming Level 2 Grants Review Completed 04/21/2021 8:49 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/21/2021 11:36 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/22/2021 11:28 AM Grants Carrie Kurutz Additional Reviewer Completed 04/26/2021 10:25 AM 11.G Packet Pg. 154 05/11/2021 Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/26/2021 12:13 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2021 12:38 PM Grants Therese Stanley Additional Reviewer Completed 04/28/2021 10:59 AM Budget and Management Office Ed Finn Additional Reviewer Completed 04/30/2021 3:07 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/03/2021 11:55 AM County Manager's Office Mark Isackson Level 4 County Manager Review Completed 05/04/2021 9:22 AM Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM 11.G Packet Pg. 155 PROFESSIONAL SERVICES AGREEMENT Contract # 21-7828 for Design, Engineering and Permitting Services for Beach Re -Nourishment Projects " THIS AGREEMENT is made and entered into this day of , 20 21 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 Coastal Protection Engineering LLC authorized to do business in the State of Florida, whose business address is 5301 N. Federal Hwy, Suite 335, Boca Raton, FL 33487 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design, Engineering and Permitting Services for Beach Re -Nourishment Projects (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287,055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. Page 1 of 32 PSA_CCNA Single Project Agreement_Ver.4 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Thomas Pierro, PE, D.CE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA_CCNA Single Project Agreement_Ver.4 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112=5746 Telephone: (239) 252-8999 Email: PublicRecord Reg uest0 colliercountyfl.gov The Contractor must speccally comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY Page 3 of 32 PSA_CCNA Single Project Agreement_Vec4 reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real - Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under Page 4 of 32 PSA_CCNA Single Project Agreement_Vec4 this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY Is policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not Page 5 of 32 PSA_CCNA Single Project Agreement_Vec4 authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the Page 6 of 32 PSA_CCNA Single Project Agreement_Ver.4 COUNTY maybe responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled 'Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Is IT VZW!l Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 7 of 32 PSA_CCNA Single Project Agreement_Ver.4 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. 0 Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Page 8 of 32 PSA_CCNA Single Project Agreement_vec4 CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. Page 9 of 32 PSA_CCNA Single Project Agreement_Ver.4 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS Page 10 of 32 PSA_CCNA Single Project Agreement_Ver.4 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT Is 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. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior Page 11 of 32 PSA_CCNA Single Project Agreement_Ver.4 written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services Page 12 of 32 PSA_CCNA Singte Project Agreement_Ver.4 required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Address: Administrative Agent/PM: Telephone: E-Mail(s): Capital Project Planning, Impact Fees and 2685 S.Horseshoe Drive, Unit 103 Naples, Florida 34104 Andrew Miller, Principal Project Manager (239) 252-2922 ndrew.Miller@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: Coastal Protection Engineering LLC Address: 301 N. Federal Hwy, Suite 335 Boca Raton, FL 33487 Attention Name &Title: Thomas Pierro, Principal Engineer Telephone: 561-756-2535 E-Mail(s): tpierro@coastalprotectioneng.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. Page 13 fill PSA_CCNA Single Project Agreement_Ver.4 ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: Federal Contract Provisions and Assurances Solicitation # 21-7828 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the Page 14 of 32 PSA_CCNA Single Project Agreement_Ver.4 terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 15 of 32 PSA_CCNA Single Project Agreement_Ver.4 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seey_ and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA_CCNA Single Project Agreement_Ver.4 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller Date: Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA an PENNY TAYLOR , Chair Consultant: Coastal Protection Engineering LLC CL&�O�gk -&-'I - By: titdS&x M-A Jr• Co�cLrRi�- ?'hoMas l ie t7o . PriH ciAa) --mime Name and TitlL� Name and Title �w itne s AKA -CH S�AH� cAAGT,gL _MaflEt�c rt Name and Title IR Page 17 of 32 PSA_CCNA Single Project Agreement_Ver.4 G�� L 0 following this page (pages SCHEDULE A SCOPE Or SERVICES through �a ) Page 18 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE A Statement of Work 214828 Design, Engineering and Permitting Services for Beach Re -Nourishment Projects Introduction CONSULTANT and CONSULTANT'S Subcontractor/Subconsultant will provide all labor and equipment to complete the engineering and survey services described in this statement of work to support Collier County's (County) next beach renourishment project. The beach renourishment project is anticipated to include placement of approximately 150,000 to 250,000 cy of sand along beaches in Naples Beaches (R- 60 to 11-79), Vanderbilt Beach (R-22 to 11-30), and/or Pelican Bay (R-31 to R-37), depending on beach conditions and County goals. The scope of services described herein is organized by project area assuming a 60-day construction period for Vanderbilt and Naples beaches and includes options for an extended construction period at each of those reaches and Pelican Bay for an additional 30 days in total. The following assumptions apply to the construction phases of work: • The project will be built via truck haul methods. • The County will bid and construct project reaches concurrently. • Construction deliverables may be provided as joint deliverables for project areas as practical. • Construction duration estimates: o Naples & Vanderbilt beaches ■ Base Construction Period: 60 days ■ Extended Construction Period: 20 days o Pelican Bay Option ■ 10 days • County inspectors will collect weight tickets, observe delivered sand quality and beach construction, and reconcile sand mine records with weight tickets collected at the beach. • The following monitoring tasks and related coordination are not part of this scope of work: o Turbidity Monitoring o Shorebird Monitoring o Marine Turtle Monitoring o Biological Monitoring (hardbottom, SAV, etc.) Surveys o Post -Construction (2021 and beyond) Countywide Physical Monitoring Task Description 1 Naples -Design for Beach Renourishment: CONSULTANT engineers will review the physical monitoring results and perform engineering analysis to refine project reach extents and estimate volumes needed. Project reaches will be selected for design in consultation with the County based on the beach width conditions measured by the January 2021 physical monitoring surveys. The goal of the design will be to place material including advanced nourishment so that the project area will be able to absorb typical erosion over the County's desired design life. After review of the preliminary volume estimates, an analysis will be conducted to optimize placement areas and volumes. CONSULTANT will finalize the quantities and fill areas based on consultation with Collier County. Once the County has reviewed and approved CONSULTANT's proposed design including project reach extents and approximate fill quantities, CONSULTANT will work to prepare construction documents including technical specifications, detailed construction plans, and bid form. The CONSULTANT engineering team will work with CONSULTANT specialists to prepare construction plans that will include survey control provided and reviewed by CONSULTANT'S Subcontractor/Subconsultant, cross sections illustrating project design details including elevations, slopes, and tolerances, and plan view drawings indicating staging areas, construction access points, fill placement areas, construction baseline and project stationing, and relevant environmental resources or restrictions. The construction plans and volumes for bidding will be based on the 2021 annual physical monitoring surveys previously conducted by others. Technical specifications to accompany the construction plans will integrate the Sediment QA/QC plan, environmental standards, and permit conditions into the work. CONSULTANT will provide draft construction plans and specifications to the County for their review and input. While Collier County staff are reviewing the draft construction plans and technical specifications for this project, CPE will contact construction contractors who have successfully constructed projects of similar scope. Based on feedback from contractors, truck hauling distances from the County's selected sand supplier to the project reaches, previous bid prices, and sound engineering judgement, CONSULTANT will finalize the opinion of probable construction cost including allowances or as required by County procurement. The opinion of probable cost will include project features as itemized on the bid form and detail the assumptions made. CONSULTANT is committed to supporting the County in constructing this project as early as possible, without impact to sea turtle nesting and will work to have construction plans, specifications and bidding documents prepared by 7/1/2021, or earlier, provided that required documentation such as survey data and executed contract documents are received in a timely manner. Deliverables: For Task 1, CONSULTANT will submit to the County an engineer's opinion of probable construction cost and two reproducible 11" x 17" engineering scaled sets of signed and sealed construction drawings along with one electronic copy of both AutoCAD and Adobe PDF files, and two reproducible sets of technical specifications along with Microsoft Word and Adobe PDF electronic copies of files for the County to assemble the bid documents. These construction documents will be provided as a combined set covering Naples, Vanderbilt, and/or Pelican Bay beaches. 2 Naples -Bid Process and Contract Procurement CONSULTANT will support the County in their bidding of the project and provide technical support to the County during the construction contract procurement process. CONSULTANT will attend and present at the pre -bid meeting, assist the County in issuing addenda, if needed, to interpret, clarify or expand upon the bid documents, and make a recommendation for award to the lowest responsive/responsible bidder in accordance with County procurement policies. 2 Deliverables: For Task 2, CONSULTANT will submit a written recommendation for award to the County for this construction contract. 3 Naples -Construction Administration CONSULTANT will serve as Engineer pf Record in a support role to the County assisting in administering the construction of this beach renourishment project. To allow for construction commencement in late 2021, CONSULTANT will support the County in coordinating with the County's selected sand supplier for stockpiling and production testing of beach sand and their selected biological monitoring firm for a pre - construction hardbottom survey during the summer of 2021. Based on pre -construction surveys, CONSULTANT will coordinate with the County to refine the project design and planned fill volumes for contracting. Immediately prior to construction, based on before - placement surveys on 200-ft stations collected by CONSULTANT'S Subcontractor/Subconsultant, CONSULTANT will review and discuss the current conditions with the County to confirm contracted quantities. CONSULTANT will then provide a fill placement table by 200-ft stations to assist the County in tracking construction progress and assist the Contractor in proper distribution of contracted project fill quantities. CONSULTANT will plan to submit NTP required items in sequence, as soon as they are available, to aid in timely agency reviews. The NTP request will be finalized once the construction contractor has been awarded and provides turbidity monitoring qualifications and an Environmental Protection Plan for the project. During the pre -construction phase, CONSULTANT will review the contractor's work plan and submittal forms including those needed for the agency NTP request prior to submitting to the permitting agencies. This will include up to one round of work plan revisions from the contractor. CONSULTANT will coordinate with agency representatives, the County, construction contractor, marine turtle permit holder, and sand supplier to schedule the permit required pre -construction conference based on the anticipated construction commencement date. To meet permit requirements, CONSULTANT professional staff will be prepared to present and discuss relevant permit conditions and support the County in presenting project goals and details. CONSULTANT will assist the County during the contractor pre -construction meeting immediately following or immediately before the agency pre -construction meeting to discuss contract obligations, chain of communication expectations and points of contact, and to clarify project details and logistics. A CONSULTANT engineer will attend weekly construction progress meetings with the County and Contractor to cover work progress and schedule, conformance to plans and specifications, and other relevant issues for discussion. Once fill sections have been completed by the contractor, CONSULTANT engineers and surveyors commit to working together for quick measurement and analysis of the placed material to support recommendations to the County for acceptance or rejection of fill sections throughout construction. CONSULTANT will review the contractor's pay applications monthly, reconcile and/or review the progress pay volumes/tonnage based on weights tickets collected and recorded by the County at the beach and physical surveys. CONSULTANT team will remain in contact and available to County staff for tracking project progress, reporting volume placed as measured by the construction surveys, reviewing contractor submittals, and 3 CAv providing technical advising as it relates to project design or permit conditions. CONSULTANT will review daily contractor reports and submit turbidity monitoring reports to appropriate agency contacts throughout construction. As the need arises, CONSULTANT team will assist the County in preparing field changes, change orders, or contract modifications, and making determinations on non -conforming or unauthorized work. Once the County has deemed a project reach substantially complete, the engineer will work with County staff to develop a punch list of items needing completion or correction prior to final acceptance of the project and provide written recommendations to the County concerning acceptability of the work done. Proposed fees are separated into a base construction period and extended construction period in Schedule B. Extended construction period will only be activated if necessary, in consultation with the County Project Manager. Deliverables: For Task 3, CONSULTANT will provide: • Permit required Notice to Proceed items. • Meeting minutes for the pre -construction conference and construction progress meetings. • Recommendations to the County for acceptance or rejection of fill sections throughout construction. • Recommendations to the County for payment of invoices to the Contractor. • Substantial completion punch list. 4 Naples -Pre-Construction Construction and Post -Construction Surveys: Work under Task 4 will be performed by CONSULTANT'S Subcontractor/Subconsultant. Subcontractor/Subconsultant will collect pre -construction beach surveys within 90 days of the anticipated construction start date in compliance with the project permits. During construction, Subcontractor/Subconsultant surveyors will be onsite performing surveys in coordination with CONSULTANT engineers to track daily progress. Following completion of construction, CONSULTANT'S Subcontractor/Subconsultant will perform post -construction surveys of the full project area as required by the permit's Physical Monitoring Plan. All surveys and reporting will be conducted in accordance with the Florida Department of Environmental Protection (FDEP) Monitoring Standards for Beach Erosion Control Projects. Proposed fees are separated into a base construction period and extended construction period in Schedule B. Extended construction period will only be activated if necessary, in consultation with the County Project Manager. Deliverables: For Task 4, CONSULTANT will provide the following in coordination with Subcontractor/Subconsultant: • Pre -construction ASCII/FDEP data files and signed and sealed/survey report. • During -construction: Daily ASCII data files and plan view drawings. • Post -Construction ASCII/FDEP data files and signed/sealed survey report. le! 5 Naples - Construction Observations and Project Certifications In order to certify the project as required by Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers (USACE), a CONSULTANT Professional Engineer or their engineering observer, will visit the construction sites once per week on average and during key construction milestones. During engineering site visits, CONSULTANT staff will be focused on observing fill placement activities to evaluate the project being constructed in accordance with the construction plans, technical specifications, and project permits, and will communicate findings to the County staff. Once the County has deemed a project reach substantially complete, a CONSULTANT professional engineer will conduct a comprehensive review of the project reach during a walk through with County staff. These observations will be used to prepare the punch list under Task 3. In accordance with permit requirements, a CONSULTANT Professional Engineer will prepare the project completion statement and certifications within 30 days. The certifications will be based on during construction surveys and satisfies FDEP General Condition #11. In accordance with the project's Physical Monitoring Plan, CONSULTANT will prepare a post -construction engineering monitoring report. The post -construction report will be based on pre- and post -construction project surveys and include key project details, volumes placed by reach, summarize the results of post - construction sediment testing performed by the County's selected geotechnical laboratory, and document environmental compliance tasks performed during construction. This report will be finalized and submitted to agencies within 90 days of the post -construction survey. Proposed fees are separated into a base construction period and extended construction period in Schedule B. Extended construction period will only be activated if necessary, in consultation with the County Project Manager. Deliverables: For Task 5, CONSULTANT will provide the following • Project completion statement Cl"d certification within 30 days of project completion. • Post -construction Engineering Monitoring Report within 90 days of post -construction survey. 6 Vanderbilt - DesiRn for Beach Renourishment: CONSULTANT engineers will review the physical monitoring results and perform engineering analysis to refine project reach extents and estimate volumes needed. Project reaches will be selected for design in consultation with the County based on the beach width conditions measured by the January 2021 physical monitoring surveys. The goal of the design will be to place material including advanced nourishment so that the project area will be able to absorb typical erosion over the County's desired design life. After review of the preliminary volume estimates, an analysis will be conducted to optimize placement areas and volumes. CONSULTANT will finalize the quantities and fill areas based on consultation with Collier County. Once the County has reviewed and approved CONSULTANT'S proposed design including project reach extents and approximate fill quantities, CONSULTANT will work to prepare construction documents including technical specifications, detailed construction plans, and bid form. The CONSULTANT 5 CAU engineering team will work with CONSULTANT specialists to prepare construction plans that will include survey control provided and reviewed by CONSULTANT'S Subcontractor/Subconsultant, cross sections illustrating project design details including elevations, slopes, and tolerances, and plan view drawings indicating staging areas, construction access points, fill placement areas, construction baseline and project stationing, and relevant environmental resources or restrictions. The construction plans and volumes for bidding will be based on the 2021 annual physical monitoring surveys previously conducted by others. Technical specifications to accompany the construction plans will integrate the Sediment QA/QC plan, environmental standards, and permit conditions into the work. CONSULTANT will provide draft construction plans and specifications to the County for their review and input. While Collier County staff are reviewing the draft construction plans and technical specifications for this project, CONSULTANT will contact construction contractors who have successfully constructed projects of similar scope. Based on feedback from contractors, truck hauling distances from the County's selected sand supplier to the project reaches, previous bid prices, and sound engineering judgement, CONSULTANT will finalize the opinion of probable construction cost including allowances or as required by County procurement. The opinion of probable cost will include project features as itemized on the bid form and detail the assumptions made. CONSULTANT is committed to supporting the County in constructing this project as early as possible, without impact to sea turtle nesting and will work to have construction plans, specifications and bidding documents prepared by 7/1/2021, or earlier, provided that required documentation such as survey data and executed contract documents are received in a timely manner. Proposed fees are separated into a base construction period and extended construction period in Schedule B. Extended construction period will only be activated if necessary, in consultation with the County Project Manager. Deliverables: For Task 6, CONSULTANT will submit to the County an engineer's opinion of probable construction cost and two reproducible 11 x 1/ engineering scaled sets of signed and sealed construction drawings along with one electronic copy of both AutoCAD and Adobe PDF files, and two reproducible sets of technical specifications along with Microsoft Word and Adobe PDF electronic copies of files for the County to assemble the bid documents. These construction documents will be provided as a combined set covering Naples, Vanderbilt, and/or Pelican Bay beaches. 7 Vanderbilt -Bid Process and Contract Procurement CONSULTANT will support the County in their bidding of the project and provide technical support to the County during the construction contract procurement process. CONSULTANT will attend and present at the pre -bid meeting, assist the County in issuing addenda, if needed, to interpret, clarify or expand upon the bid documents, and make a recommendation for award to the lowest responsive/responsible bidder in accordance with County procurement policies. Deliverables: For Task 7, CONSULTANT will submit a written recommendation for award to the County for this construction contract. 8 Vanderbilt - Construction Administration CONSULTANT will serve as Engineer of Record in a support role to the County assisting in administering the construction of this beach renourishment project. To allow for construction commencement in late 2021, CONSULTANT will support the County in coordinating with the County's selected sand supplier for stockpiling and production testing of beach sand and their selected biological monitoring firm for a pre - construction hardbottom survey during the summer of 2021. Based on pre -construction surveys, CONSULTANT will coordinate with the County to refine the project design and planned fill volumes for .contracting. Immediately prior to construction, based on before - placement surveys on 200-ft stations collected by CONSULTANT'S Subcontractor/Subconsultant, CONSULTANT will review and discuss the current conditions with the County to confirm contracted quantities. CONSULTANT will then provide a fill placement table by 200-ft stations to assist the County in tracking construction progress and assist the Contractor in proper distribution of contracted project fill quantities. CONSULTANT will plan to submit NTP required items in sequence, as soon as they are available, to aid in timely agency reviews. The NTP request will be finalized once the construction contractor has been awarded and provides turbidity monitoring qualifications and an Environmental Protection Plan for the project. During the pre -construction phase, CONSULTANT will review the contractor's work plan and submittal forms including those needed for the agency NTP request prior to submitting to the permitting agencies. This will include up to one round of work plan revisions from the contractor. CONSULTANT will coordinate with agency representatives, the County, construction contractor, marine turtle permit holder, and sand supplier to schedule the permit required pre -construction conference based on the anticipated construction commencement date. To meet permit requirements, CONSULTANT professional staff will be prepared to present and discuss relevant permit conditions and support the County in presenting project goals and details. CONSULTANT will assist the County during the contractor pre -construction meeting immediately following or immediately before the agency pre -construction meeting to discuss contract obligations, chain of communication expectations and points of contact, and to clarify project details and logistics. A CONSULTANT engineer will attend weekly construction progress meetings with the County and Contractor to cover work progress and schedule, conformance to plans and specifications, and other relevant issues for discussion. Once fill sections have been completed by the contractor, CONSULTANT engineers and surveyors commit to working together for quick measurement and analysis of the placed material to support recommendations to the County for acceptance or rejection of fill sections throughout construction. CONSULTANT will review the contractor's pay applications monthly, reconcile and/or review the progress pay volumes/tonnage based on weights tickets collected and recorded by the County at the beach and physical surveys. CONSULTANT team will remain in contact and available to County staff for tracking project progress, reporting volume placed as measured by the construction surveys, reviewing contractor submittals, and providing technical advising as it relates to project design or permit conditions. CONSULTANT will review daily contractor reports and submit turbidity monitoring reports to appropriate agency contacts throughout construction. As the need arises, CONSULTANT team will assist the County in preparing field changes, change orders, or contract modifications, and making determinations on non -conforming or unauthorized work. Once the County has deemed a project reach substantially complete, the engineer will work with County staff to develop a punch list of items needing completion or correction prior to final acceptance of the project and provide written recommendations to the County concerning acceptability of the work done. Proposed fees are separated into a base construction period and extended construction period in Schedule B. Extended construction period will only be activated if necessary, in consultation with the County Project Manager. Deliverables: For Task 8, CONSULTANT will provide: • Permit required Notice to Proceed items. • Meeting minutes for the pre -construction conference and construction progress meetings. • Recommendations to the County for acceptance or rejection of fill sections throughout construction. • Recommendations to the County for payment of invoices to the Contractor. • Substantial completion punch list. 9 Vanderbilt -Pre-Construction Construction and Post -Construction Surveys: Work under Task 9 will be performed by CONSULTANT'S Subcontractor/Subconsultant. Subcontractor/Subconsultant will collect pre -construction beach surveys within 90 days of the anticipated construction start date in compliance with the project permits. During construction, Subcontractor/Subconsultant surveyors will be onsite performing surveys in coordination with CONSULTANT engineers to track daily progress. Following completion of construction, Subcontractor/Subconsultant will perform post -construction surveys of the full project area as required by the permit's Physical Monitoring Plan. All surveys and reporting will be conducted in accordance with the Florida Department of Environmental Protection (FDEP) Monitoring Standards for Beach Erosion Control Projects. Proposed fees are separated into a base construction period and extended construction period in Schedule B. Extended construction period will only be activated if necessary, in consultation with the County Project Manager. Deliverables: For Task 9, CONSULTANT will provide the following in coordination with CONSULTANT'S Subcontractor/Subconsultant: • Pre -construction ASCII/FDEP data files and signed and sealed/survey report. • During -construction: Daily ASCII data files and plan view drawings. • Post -Construction ASCII/FDEP data files and signed/sealed survey report. 10 Vanderbilt -Construction Observations and Project Certifications In order to certify the project as required by Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers (USAGE), a CONSULTANT Professional Engineer or their engineering observer, will visit the construction sites once per week on average and during key construction milestones. During engineering site visits, CONSULTANT staff will be focused on observing fill placement E:a activities to evaluate the project being constructed in accordance with the construction plans, technical specifications, and project permits, and will communicate findings to the County staff. Once the County has deemed a project reach substantially complete, a CONSULTANT professional engineer will conduct a comprehensive review of the project reach during a walk through with County staff. These observations will be used to prepare the punch list under Task 8. In accordance with permit requirements, a CONSULTANT Professional Engineer will prepare the project completion statement and certifications within 30 days. The certifications will be based on during construction surveys and satisfies FDEP General Condition #11. In accordance with the project's Physical Monitoring Plan, CONSULTANT will prepare a post -construction engineering monitoring report. The post -construction report will be based on pre- and post -construction project surveys and include key project details, volumes placed by reach, summarize the results of post - construction sediment testing performed by the County's selected geotechnical laboratory, and document environmental compliance tasks performed during construction. This report will be finalized and submitted to agencies within 90 days of the post -construction survey. Proposed fees are separated into a base construction period and extended construction period in Schedule B. Extended construction period will only be activated if necessary, in consultation with the County Project Manager. Deliverables: For Task 10, CONSULTANT will provide the following • Project completion statement and certification within 30 days of project completion. • Post -construction Engineering Monitoring Report within 90 days of post -construction survey. 11 Pelican BaV - Design for Beach Renourishment: CONSULTANT engineers will review the physical monitoring results and perform engineering analysis to refine project reach extents and estimate volumes needed. Project reaches will be selected for design in consultation with the County and Pelican Bay Services Division based on the beach width conditions measured by the January 2021 physical monitoring surveys. The goal of the design will be to place material including advanced nourishment so that the project area will be able to absorb typical erosion over the County's desired design life. After review of the preliminary volume estimates, an analysis will be conducted to optimize placement areas and volumes. CONSULTANT will finalize the quantities and fill areas based on consultation with Collier County. Once the County has reviewed and approved CONSULTANT'S proposed design including project reach extents and approximate fill quantities, CONSULTANT will work to prepare construction documents including technical specifications, detailed construction plans, and bid form. The CONSULTANT engineering team will work with CONSULTANT specialists to prepare construction plans that will include survey control provided and reviewed by CONSULTANT'S Subcontractor/Subconsultant, cross sections illustrating project design details including elevations, slopes, and tolerances, and plan view drawings indicating staging areas, construction access points, fill placement areas, construction baseline and project stationing, and relevant environmental resources or restrictions. r7 The construction plans and volumes for bidding will be based on the 2021 annual physical monitoring surveys previously conducted by others. Technical specifications to accompany the construction plans will integrate the Sediment QA/QC plan, environmental standards, and permit conditions into the work. CONSULTANT will provide draft construction plans and specifications to the County for their review and input. While Collier County staff are reviewing the draft construction plans and technical specifications for this project, CONSULTANT will contact construction contractors who have successfully constructed projects of similar scope. Based on feedback from contractors, truck hauling distances from the County 's selected sand supplier to the project reaches, previous bid prices, and sound engineering judgement, CONSULTANT will finalize the opinion of probable construction cost including allowances or as required by County procurement. The opinion of probable cost will include project features as itemized on the bid form and detail the assumptions made. CONSULTANT is committed to supporting the County in constructing this project as early as possible, without impact to sea turtle nesting and will work to have construction plans, specifications and bidding documents prepared by 7/1/2021, or earlier, provided that required documentation such as survey data and executed contract documents are received in a timely manner. Deliverables: For Task 11, CONSULTANT will submit to the County an engineer's opinion of probable construction cost and two reproducible 11 x 17 engineering scaled sets of signed and sealed construction drawings along with one electronic copy of both AutoCAD and Adobe PDF files, and two reproducible sets of technical specifications along with Microsoft Word and Adobe PDF electronic copies of files for the County to assemble the bid documents. These construction documents will be provided as a combined set covering Naples, Vanderbilt, and/or Pelican Bay beaches. 12 Pelican Bay -Bid Process and Contract Procurement CONSULTANT will support the County in their bidding of the combined project and provide technical support to the County during the construction contract procurement process. CONSULTANT will attend and present at the pre -bid meeting, assist the County in issuing addenda, if needed, to interpret, clarify or expand upon the bid documents, and make a recommendation for award to the lowest responsive/responsible bidder in accordance with County procurement policies. Deliverables: For Task 12, CONSULTANT will submit a written recommendation for award to the County for this combined construction contract. 13 Pelican Bay -Construction Administration CONSULTANT will serve as Engineer of Record in a support role to the County assisting in administering the construction of this beach renourishment project. To allow for construction commencement in late 2021, CONSULTANT will support the County in coordinating with the County's selected sand supplier for stockpiling and production testing of beach sand and their selected biological monitoring firm for a pre - construction hardbottom survey during the summer of 2021. Based on pre -construction surveys, CONSULTANT will coordinate with the County to refine the project design and planned fill volumes for contracting. Immediately prior to construction, based on before- 10 CAO placement surveys on 200-ft stations collected by CONSULTANT'S Subcontractor/Subconsul tant, CONSULTANT will review and discuss the current conditions with the County to confirm contracted quantities. CONSULTANT will then provide a fill placement table by 200-ft stations to assist the County in tracking construction progress and assist the Contractor in proper distribution of contracted project fill quantities. CONSULTANT will plan to submit NTP required items in sequence, as soon as they are available, to aid in timely agency reviews. The NTP request will be finalized once the construction contractor has been awarded and provides turbidity monitoring qualifications and an Environmental Protection Plan for the project. During the pre -construction phase, CONSULTANT will review the contractor's work plan and submittal forms including those needed for the agency NTP request prior to submitting to the permitting agencies. This will include up to one round of work plan revisions from the contractor. CONSULTANT will coordinate with agency representatives, the County, construction contractor, marine turtle permit holder, and sand supplier to schedule the permit required pre -construction conference based on the anticipated construction commencement date. To meet permit requirements, CONSULTANT professional staff will be prepared to present and discuss relevant permit conditions and support the County in presenting project goals and details. CONSULTANT will assist the County during the contractor pre -construction meeting immediately following or immediately before the agency pre -construction meeting to discuss contract obligations, chain of communication expectations and points of contact, and to clarify project details and logistics. A CONSULTANT engineer will attend weekly construction progress meetings with the County and Contractor to cover work progress and schedule, conformance to plans and specifications, and other relevant issues for discussion. Once fill sections have been completed by the contractor, CONSULTANT engineers and surveyors commit to working together for quick measurement and analysis of the placed material to support recommendations to the County for acceptance or rejection of fill sections throughout construction. CONSULTANT will review the contractor's pay applications monthly, reconcile and/or review the progress pay volumes/tonnage based on weights tickets collected and recorded by the County at the beach and physical surveys. CONSULTANT team will remain in contact and available to County staff for tracking project progress, reporting volume placed as measured by the construction surveys, reviewing contractor submittals, and providing technical advising as it relates to project design or permit conditions. CONSULTANT will review daily contractor reports and submit turbidity monitoring reports to appropriate agency contacts throughout construction. As the need arises, CONSULTANT team will assist the County in preparing field changes, change orders, or contract modifications, and making determinations on non -conforming or unauthorized work. Once the County has deemed a project reach substantially complete, the engineer will work with County staff to develop a punch list of items needing completion or correction prior to final acceptance of the project and provide written recommendations to the County concerning acceptability of the work done. Deliverables: For Task 13, CONSULTANT will provide: • Permit required Notice to Proceed items. • Meeting minutes for the pre -construction conference and construction progress meetings. 11 CAO • Recommendations to the County for acceptance or rejection of fill sections throughout construction. • Recommendations to the County for payment of invoices to the Contractor. • Substantial completion punch list. 14 Pelican Bay -Pre-Construction Construction and Post -Construction Surveys: Work under Task 14 will be performed by CONSULTANT'S Subcontractor/Subconsultant. Subcontractor/Subconsultant will collect pre -construction beach surveys within 90 days of the anticipated construction start date in compliance with the project permits. During construction, Subcontractor/Subconsultant surveyors will be onsite performing surveys in coordination with CONSULTANT engineers to track daily progress. Following completion of construction, Subcontractor/Subconsultant will perform post -construction surveys of the full project area as required by the permit's Physical Monitoring Plan. All surveys and reporting will be conducted in accordance with the Florida Department of Environmental Protection (FDEP) Monitoring Standards for Beach Erosion Control Projects. Deliverables: For Task 14, CONSULTANT will provide the following in coordination with CONSULTANT'S Subcontractor/Subconsultant: • Pre -construction ASCII/FDEP data files and signed and sealed/survey report. • During -construction: Daily ASCII data files and plan view drawings. • Post -Construction ASCII/FDEP data files and signed/sealed survey report. 15 Pelican Bay -Construction Observations and Protect Certifications In order to certify the project as required by Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers (USACE), a CONSULTANT Professional Engineer or their engineering observer, will visit the construction sites once per week on average and during key construction milestones. During engineering site visits, CONSULTANT staff will be focused on observing fill placement activities to evaluate the project being constructed in accordance with the construction plans, technical specifications, and project permits, and will communicate findings to the County staff. Once the County has deemed a project reach substantially complete, a CONSULTANT professional engineer will conduct a comprehensive review of the project reach during a walk through with County staff. These observations will be used to prepare the punch list under Task 13. In accordance with permit requirements, a CONSULTANT Professional Engineer will prepare the project completion statement and certifications within 30 days. The certifications will be based on during construction surveys and satisfies FDEP General Condition #11. In accordance with the project's Physical Monitoring Plan, CONSULTANT will prepare apost-construction engineering monitoring report. The post -construction report will be based on pre- and post -construction project surveys and include key project details, volumes placed by reach, summarize the results of post - construction sediment testing performed by the County's selected geotechnical laboratory, and document environmental compliance tasks performed during construction. This report will be finalized and submitted to agencies within 90 days of the post -construction survey. 12 CAO Deliverables: For Task 15, CONSULTANT will provide the following • Project completion statement and certification within 30 days of project completion. • Post -construction Engineering Monitoring Report within 90 days of post -construction survey. Caveat CONSULTANT proposes to provide these services as summarized above with the support of CONSULTANT'S Subcontractor/Subconsultant. Although this proposal is detailed by separable items and estimated with specific tasks and subtasks, it is anticipated that CONSULTANT staff and Subcontractor/Subconsultant will be used as needed to achieve the scope of services and to meet the stated objectives and timelines. Should the County desire additional services beyond this scope, CONSULTANT will be available to discuss adjustments as appropriate. 13 CAO SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS 5.1.1. 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 NotJo- Exceed 1 Naples - Design for Beach Renourishment $ $ 25,805.00 2 Naples - Bid Process and Contract Procurement $ $ 3,706.00 3 Naples - Construction Administration $ $ 53,404 4 Naples - Pre -Construction, Construction, and Post -Construction Surveys $ $1381820.50 5 Naples - Construction Observations and Project Certifications $ $ 23,706 6 Vanderbilt - Design for Beach Renourishment $ $ 20,160,00 7 Vanderbilt - Bid Process and Contract Procurement $ $ 2,912.00 8 Vanderbilt - Construction Administration $ $ 41,742,00 9 Vanderbilt - Pre -Construction, Construction, and Post -Construction Surveys $ $118,356,00 10 Vanderbilt - Construction Observations and Project Certifications $ $ 20,296,00 11 Pelican Bay - Design for Beach Renourishment $ $11,415.00 12 Pelican Bay - Bid Process and Contract Procurement $ $1,564.00 13 Pelican Bay - Construction Administration $ $17,763400 14 Pelican Bay - Pre -Construction, Construction, and Post -Construction Surveys $ $ 37,842,00 15 Pelican Bay - Construction Observations and Project Certifications $ $ 7,104.00 $ $ $ $ $ $ Total Lump Sum Fee $ Total Time and Materials Fee ME $524,595.50 $ 524,595.50 GRAND TOTAL FEE Page 19 of 32 PSA CCNA Single Project Agreement_Ver.4 CAU 3.2.2. 1■ *Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services, Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreement_Ver.4 B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after caaa ompletion 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: 13.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112,061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6.Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA_CCNA Single Project Agreement_Ver.4 B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. 3.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 22 of 32 PSA_CCNA Single Project,Agreement_Ver.4 SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title ' Hourly Rate Principal Engineer $279 Senior Coastal Engineer $179 Senior Marine Biologist $153 Senior Marine Geologist $176 Coastal Engineer $123 Junior Coastal Engineer $103 Junior Coastal Scientist $100 CAD/GIS Operator $95 The above hourly rates are applicable to be all inclusive. Additional hourly rates Time and Materials task(s) only. The above list may not Page 23 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE C PROJECT MILESTONE SCHEDULE Task/item Description Number of Calendar Days For Completion of Task from Date of Notice to Proceed 1, 6, 11 Naples, Vanderbilt & Pelican Bay - Design for Beach Renourishment 75 217, 12 Naples, Vanderbilt & Pelican Bay- Bid Process and Contract Procurement 153 37 8113 Naples, Vanderbilt & Pelican Bay- Construction Administration 274 419, 14 Naples, Vanderbilt & Pelican Bay - Pre -Construction, Construction, and Post -Construction Survey 320 51 107 15 Naples, Vanderbilt & Pelican Bay - Construction Observations and Project Certifications 365 Page 24 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 of 32 PSA_CCNA Single Project Agreement_Ver.4 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? 0 Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation -Florida Statutory Requirements b. Employers' Liability -The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑Yes 0 No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑Yes 0 No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? � Yes ❑ No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA_CCNA Single Project Agreement_Ver.4 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑Yes 0 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 0 No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? � Yes ❑ No Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. Page 27 of 32 PSA_CCNA Single Project Agreement_Vec4 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes 0 No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑Yes No Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? F Yes ❑ No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PSA_CCNA Single Project Agreement_Vec4 of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287,055, Florida Statutes, Coastal Protection Engineering LLC (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Design, Engineering and Permitting Services for Beach Re -Nourishment Projects "project" is accurate, complete and current as of the time of contracting. BY: W��(JOIAl Demo TITLE: `�l^ir�CtnaI Snq!/teerl,1 ,4194 DATE: Y 2a 2 Page 30 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time Thomas Pierro PE, DCE Tara Brenner PG, PE Lauren Floyd Principal Engineer Senior Coastal En ineer Senior Marine Biologist 6 32 8 Quin Robertson, PhD Senior Marine Geologist 1 Page 31 of 32 PSA_CCNA Single Project Agreement_Ver.4 Other: SCHEDULE G Federal Contract Provisions and Assurances following this page (pages ❑ this schedule is not applicable (Description) through 9 ) Page 32 of 32 PSA_CCNA Single Project Agreement_Ver.4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE 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. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200,23) the definition of CONTRACTOR is an entity that receives a Contract / 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 all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective June 1, 2020) EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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, the 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. Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. 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. 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, 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. Administrative, Contractual, or Legal Remedies (over $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. Termination% See Standard Purchase Order and/or Contract Terms and Conditions Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (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 EXHIBIT I - 2 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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. pL 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. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $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." Procurement of Recovered Materials (§200.322) (Over $10,000): 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— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www,epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." 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; (a) 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. EXHIBIT I - 3 CAU EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Indemnification: Nothing contained herein shall constitute a waiver by any party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. �t�te��'� �.iolac�� �eiatin� 4o i.fasaiwtGb�rrizpW�9 E�r��6�a�U�c�¢iit and ���nl�c�rat�r�;��;t�„s� a. The Department shall consider the employment by any Grantee (the "County") of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee (the "County") and/or its Contractors knowingly employ unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The County shall be responsible for including this provision in all contracts with private organizations. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. public Entity Crime. 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 Grantee, 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 Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list 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. iii. Notificalion. The Grantee ("the County") shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Compliancevd itfa Federal, State and Locaii Larjs: i. The Grantee ("the County„) and a!I its agents shall comply witii a!i f€:d�rai, stag, and local regulations, including, but not limited to, nondiscrimination, wages, .Social security, workers compensation, licenses, and registration requirements. The County shall include this provision in all contracts issued as a result of this Agreement. ii. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be othrsrwise subjected to discrimination in performance of this Agreement. L obbyiing and integrity: No funds received under this Agreement shall be expended for the purpose of lobbying the i_egislature or a State agency pursuant to Section 216.347, I.S. t�ec®Td Keepicsg@ The State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the correplefion date or termination of the Agreement. in the even that any wort: is contracted/subcontracted, the GountY slaeii similarly require each Contractor/subcontractor to maintain and alloitv access to such records for audit purposes. EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES i. fJ,§p? tQr.Ggperaj. The County, pursuant to Section 20.055(5), F.S., shall cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The County will comply with this duty and impose this requirement, in writing, on its Contractors sand/or subcontractors, respectively. ii. P yvic 1. Access nd_ Inspect on. State personnel shall be given access to an+� may observe. and inspect work being peyrfornred under this Agreement, with reasonable notice and during normal business hours. ryst�ee`aura&e�y��9�>i�on�°a,cs��nr@Lra All County employees, contractors/subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, County shall furnish a copy of technical certification or other proof of qualification. All employees, contractors/subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of State and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. EXHIBIT I - 5 EXf-IIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification 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. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor 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 County and the Grantor Agency 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 County may document in the quarterly report the Contractor's progress in performing its work under this agreement, On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Coastal Protection Engineering LLC Authorized Signature EXHIBIT I - 6 CAO 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 Coastal Protection Engineering LLC By: IS Signature Thomas Pierro, PE, D.CE, Principal Engineer) AMBR Name and Title 5301 N Federal Hwy Suite 335 Street Address Rnna Raton. Florida 33487 City, State, Zip 117214443 DUNS Number Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: 21C01 FEMA Project Number: TBD EXHIBIT I - 7 CAp LULLiER CUUIM I T ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source documentation that validates a status. Contractor means an entity that receives a contract. A. VENDOR/PRIME CONTRACTOR INFORIltiATION PRIME NAME PRIME FEM NUMBER CONTRACT DOLLAR AMOUNT Coastal Protection Engineering LLC 84-2350128 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? Y N V IS THE ACTIVITY OF THIS CONTRACT, MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y N V CONSTRUCTION? Y N V (DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N V CONSULTATION? Y V N ADMINISTRATION? ORA SERVICE DISABLED VETERAN? WBE? Y N%/ OTHER? Y N SDB 8A? Y N V iS THIS SUBMISSION A REVISION? Y N JIF YES, REVISION NUMBER DBE, MBE, WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE � � PERCENT OF CONTRACT VET, SMB8A NAME SPECIALTY (See Below) DOLLARS WBE Hyatt Survey Services, Inc. survey, mapping tJMW r ' anticipated � 30% NAME OF t Ir. I L t Thomas . III • PrincipalCoastal Protection Engineering 1 12/2812020 • AtiYBR MAIL ••• • • tpierro@coastalprotectioneng.com 561-756-2535 N/A NOTE: This information Is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must 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. ETHNICITY D. CODE BlackAmeric2n BA Hispanic American HA Native American NA Subcont. Asian American SAA Asian -Pacific American APA Non -Minority Women NMW Other: not of any other group listed O SECTION TO BE C®ItliPLETED BY COLLIER CO�J�IiY DEPARTMENT NAME COLLIER CONTRACTq(IF8/RFParPO/REQj GRANT PROGRAM/CONTRACT -- ---- - -- — -- - ACCEPTED BY: DATE EXHIBIT I - 8 LAL) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) 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, can, 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 of entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosureI 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. Coastal Protection Engineering LLC Contractor (Firm Name) 00� Signature of Contractor's Authorized Official Thomas Pierro, PE, D.CE, Principal Engineer / AMBR Name and Title of Contractor's Authorized Official Date EXHIBIT I - 9 04/12/2021 JB Ins Grp Inc dba Landmark Ins 1920 Palm Beach Lakes Blvd Ste 216 West Palm Beach FL 33409 (561) 584-8621 (866) 594-1803 john@landmarkpb.com Coastal Protection Engineering, Inc. 5301 N. Federal Hwy, Suite 335 Boca Raton, FL 33487 Evanston Insurance Company A x x x x x MKLV2EN101842 08/16/2020 08/16/2021 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 A x x x x MKLV2EN101842 08/16/2020 08/16/2021 1,000,000 $1,000,000 Each Claim A Professional Liability x x MKLV2EN101842 08/16/2020 08/16/2021 $2,000,000 Gen Aggregate Engineering firm Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE 11.G.2 Packet Pg. 156 Attachment: 21-7828 Coastal Protection_Insurance_ 8-16-21 (15600 : 2021 Fall Truck Haul Beach Renourishment - Engineering Contract) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 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. Employers Insurance Company Boca Raton Bryan O'Connell NA 1,000,000 Coastal Protection Engineering LLC 1,000,000 68102-1656 FL EIG2956113-01 Coastal Engineering & Environmental Services 11512 11/11/2020 Huckleberry Insurance Services, LLC 11/11/2021 NEOmaha 03/10/2021 markel-insured@huckleberry.com 5301 North Federal Highway 222 S 15th St Ste 1500N 33487 (855) 255-4825 1,000,000 C/O Collections Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 11.G.2 Packet Pg. 157 Attachment: 21-7828 Coastal Protection_Insurance_ 8-16-21 (15600 : 2021 Fall Truck Haul Beach Renourishment - Engineering Contract)