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Agenda 05/11/2021 Item #11I ( Agmt. #15-6450 Work Order w/Q. Grady Minor)
05/11/2021 EXECUTIVE SUMMARY Recommendation to approve a Work Order to Q. Grady Minor & Associates, P.A., under professional services Agreement Number 15-6450, for the 98th, 991h, 105' and 106' Avenues Public Utility Renewal Project (Project Numbers 60139 and 70120) in the amount of $1,405,660, authorize the Chair to sign the attached Work Order, and authorize the necessary budget amendments. OBJECTIVE: To renew aging water, wastewater, and stormwater assets on 981, 99th, 105th and 106th Avenues North in Naples Park. CONSIDERATIONS: On October 13, 2015 (Agenda Item 16.C.2), the Board awarded Agreement Number 15-6450 for "Naples Park Infrastructure Improvements" to Q. Grady Minor & Associates, P.A. That contract included the engineering and construction administration services for the water, wastewater, and stormwater infrastructure in Naples Park Area. Agreement No. 15-6450 has been used to on the previous 95th, 96t'', 107th, 110th, 108t' and 109thAvenues North Public Utility Renewal projects. The proposed scope of work under Project Number 60139, "Naples Park Stormwater Improvements," is consistent with the Stormwater Five-year Work Program of the 2020 Stormwater Management Annual Update Inventory Review/Capital Improvement Element (AUIR/CIE) approved by the Board on November 10, 2020, and with the goals, objectives and policies of the Conservation and Coastal Management Element and the Stormwater Management Sub -Element of the Growth Management Plan. The proposed scope of work under Project Number 70120, "Naples Park Area Basin Optimization," is consistent with the FY 2021 Budget approved by the Board on September 17, 2020. On April 12, 2021, the County received a $1,405,660 proposal under this agreement from Q. Grady Minor for 98th, 99th, 105' and 106' Avenues North (See Attachment 1). That amount includes a $71,971 negotiated design fee reduction. Staff found this proposal acceptable based on prior negotiation history. Professional design services for Naples Park have been provided by the agreement awarded six years ago. The charts below demonstrate the cost efficiencies that have occurred as work orders have been issued against that contract since the Public Utilities Renewal program began. The combined engineering design and construction administration fees per avenue have consistently decreased over time. Likewise, the percentage of construction cost has decreased, and has always been below the 10% industry standard. This is attributable to lessons -learned and experience gained as the program has developed. (Note: 110' and 95' Avenue data is based on actual costs; all other avenues based on proposed costs.) Naples Park Engineering Cost $410,000 $400,000 $390,000 $380,000 $370,000 $360,000 $350,000 $340,000 $330,000 $320,000 110th 951h 96th 108th & 109th 98th-106th Average per Avenue Naples Park Engineering Percent of Construction Cost lost 9% 8% 7% 6% 5% 4% 3% 2% 1% 0% 110th 95th 96th 108th & 109th 98th-106th Average per Avenue The sequence of avenue construction is determined by where the greatest frequency of water main breaks occurs in Naples Park. After this project is completed, ten Naples Park avenues will have been Packet Pg. 170 05/11/2021 rehabilitated in this comprehensive manner: 95t'', 96t1', 98'1', 99', 105'1', 106', 107', 108'1', 109t' and 110' Avenues North. Prior to that, in 2013 and 2014, water mains were replaced on 91", 92"d, 93' and 94' Avenues North. FISCAL IMPACT: A budget amendment is necessary in the amount of $313,580.68 to move funding from Stormwater Bond Fund (327) Reserves to Naples Park Stormwater Improvement Project 60139. Another budget amendment in the amount of $111,769.12 is required to reallocate funding from another project within Wastewater User Fee Capital Fund (414). The funding allocation for the $1,405,660 contract is shown on Attachment 2. Source of funding includes the Stormwater Bond Fund (327), Water User Fee Capital Fund (412) and Wastewater User Fee Capital Fund (414). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water -Sewer District, approves a Work Order to Q. Grady Minor & Associates, P.A., under Agreement Number 15-650, for Design and Construction Administration Services for the Public Utility Renewal Project for 98', 99', 105' and 106' Avenues (Project Numbers 60139 and 70120) in the amount of $1,405,660, authorize the Chair to sign the attached Work Order, authorize the necessary budget amendments. Prepared By: Diana C. Dueri, Senior Project Manager, Public Utilities Engineering and Project Management Division ATTACHMENTS 1. Attachment 1 - Proposal (flat) (PDF) 2. Attachment 2 - Cost Sharing (PDF) 3. Work Order (PDF) 4. [Linked] 15-6450QGradyMinor_Contract_20210311015555.116 X (PDF) 5.98, 99, 105, 106 avenues Presentation (PDF) Packet Pg. 171 11.1 05/11/2021 COLLIER COUNTY Board of County Commissioners Item Number: 11.I Doe ID: 15669 Item Summary: Recommendation to approve a Work Order to Q. Grady Minor & Associates, P.A., under professional services Agreement Number 15-6450, for the 98th, 99th, 105th and 106th Avenues Public Utility Renewal Project (Project Numbers 60139 and 70120) in the amount of $1,405,660, authorize the Chair to sign the attached Work Order, and authorize the necessary budget amendments. (Tom Chmelik, Public Utilities Engineering and Project Management Division Director) Meeting Date: 05/11/2021 Prepared by: Title: Project Manager — Public Utilities Planning and Project Management Name: Diana Dueri 04/21/2021 9:42 AM Submitted by: Title: Division Director - Public Utilities Eng — Public Utilities Planning and Project Management Name: Tom Chmelik 04/21/2021 9:42 AM Approved By: Review: Water Pamela Libby Additional Reviewer Public Utilities Planning and Project Management Benjamin Bullert Public Utilities Planning and Project Management Daniel Roman Wastewater Steve Nagy Additional Reviewer Public Utilities Operations Support Jennifer Morse Additional Reviewer Growth Management Department Lisa Taylor Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Public Utilities Operations Support Joseph Bellone Additional Reviewer Public Utilities Planning and Project Management Tom Chmelik Public Utilities Operations Support Tara Castillo Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Capital Project Planning, Impact Fees, and Program Management Liz Gosselin Growth Management Operations Support Christopher Johnson Procurement Services Evelyn Colon Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Completed 04/21/2021 9:50 AM Additional Reviewer Completed Additional Reviewer Completed Completed 04/21/2021 10:04 AM Completed 04/21/2021 12:33 PM Completed 04/21/2021 1:07 PM Additional Reviewer Completed Completed 04/21/2021 2:51 PM Additional Reviewer Completed Completed 04/21/2021 3:29 PM Completed 04/21/2021 4:02 PM Additional Reviewer Completed Additional Reviewer Completed Completed 04/23/2021 8:14 AM Completed 04/23/2021 8:59 AM Packet Pg. 172 11.1 05/11/2021 County Manager's Office Public Utilities Department Public Utilities Department County Attorney's Office Office of Management and Budget County Attorney's Office Budget and Management Office Office of Management and Budget County Manager's Office Board of County Commissioners Amy Patterson Additional Reviewer Drew Cody Level 1 Division Reviewer Joseph Bellone Level 2 Division Administrator Review Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Additional Reviewer Susan Usher Additional Reviewer Mark Isackson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 04/23/2021 9:37 AM Completed 04/23/2021 10:02 AM Completed 04/23/2021 11:28 AM Completed 04/26/2021 9:57 AM Completed 04/26/2021 10:08 AM Completed 04/26/2021 12:38 PM Completed 04/28/2021 5:25 PM Completed 05/03/2021 4:39 PM Completed 05/04/2021 9:33 AM 05/11 /2021 9:00 AM Packet Pg. 173 Grady Minor Civil Engineers ■ Land Surveyors ■ Planners ■ Landscape Architects April 12, 2021 Ms. Diana C. Dueri, PMP Senior Project Manager Collier County Public Utilities Engineering & Project Management Division 3339 Tamiami Trail East, Suite 303 Naples, FL 34112-5361 RE: Proposal for Professional Services 98, 99,105, and 106" Avenues North Naples Park Public Utilities Renewal Dear Ms. Dueri: Q. Grady Minor & Associates, P.A. (GradyMinor) is pleased to provide Collier County (County) this proposal for the preliminary engineering, design, permitting, bidding, construction administration, and project management for water, wastewater, stormwater, and roadway system improvements within Naples Park along 98", 990', 105`h, and 106'h Avenues North, from Vanderbilt Drive to US41. GradyMinor proposes to provide the following engineering services related to replacement of the water, wastewater, stormwater, and roadway systems along 981h, 90, 105'h, and 106th Avenues North, from Vanderbilt Drive to US41: • Attend and assist County staff with progress meetings. • Project management through bidding. • Subsurface investigation of underground utilities. • Land surveying. • Engineering design of the proposed improvements. o Engineering drawings shall generally include cover sheet, index, key map, general note sheets, civil/site plans (for utility infrastructure, drainage improvements, and roadway rebuilding), including plan and profile views and typical sections, as required; demolition/removal plan, and detail sheets. o The technical specifications shall generally include the County Standard Bidding and Construction documents, County Standard Technical Specifications, Supplemental Technical Specifications (as required), bid form; and measurement and payment. • Permitting assistance (Potable Water, Wastewater, Stormwater, Dewatering, ROW) • Bidding assistance. • Construction administration. • Public relations assistance including attending public information meetings with County staff and the preparation of graphics/exhibits. The proposed improvements will include potable water improvements along Ph Street and stormwater improvements along 6`h, 7'h, & 8'h Streets from the mid -block south of 98`h Avenue to the mid -block north of 99`h Avenue and from the mid -block south of 105`h Avenue to the mid -block north of 106'h Avenue. Packet Pg. 174 rn We propose the following Scope of Services for this project: 28 Identification 98. 99,105, & 106" Avenues c a► > Tacks No. 1. 10- 19- — and Infrastructure R North • Conduct an Engineering Survey along 98 h, 99`h, 105`', and 1061h Avenues, from Vanderbilt t° 0 Drive to US41 and from the mid -block south of 980' Avenue to the mid -block north of 99" Avenue and the mid -block south of 105`h Avenue to the mid -block north of I W' Avenue along ,n 6'1', 70i, and 8`h Streets. • Identify Right -of -Way (ROW) limits, platted property corners, edge of pavement, driveways (size and material of construction), sidewalks, fences, vegetation, significant improvements in the ROW, culverts and storm structures (with size, material and invert depths), sanitary sewer CIDL structures (invert depths), visible above ground utility features (including flow meters and ,o backflow assemblies), and topographic data. • Set survey control and benchmarks to be utilized during the construction of the improvements. tW ) • The vertical datum shall be National Geodetic Vertical Datum (NGVD 29). • Sunshine8l I coordination to have public and private utilities located prior to performing the g r subsurface utility excavation. • Perform a project walk through to ensure existing conditions are accurately depicted in the survey. • Subsurface utility excavation of the existing water mains and force main (along 8'h Street) to a verify the location (horizontal and vertical), size and material of the existing mains along 98`h, 99`h, 105", and 1060' Avenues and the mains on the north/south cross streets (Vanderbilt Drive, ° 6'h Street North, Th Street North, P Street North, and US41). This proposal includes eighteen (18) soft digs along each Avenue (98, 99, 105, & 1060') for a total of seventy-two (72) sort digs. o Tacks No 2 11 20 and 29 — 60% Design 98.99. 105. & 1061h Avenues North • Meet with County staff to review the proposed project and project requirements. This will include, but not be limited to location and condition of the County's existing utilities. • Obtain and review copies of applicable Plats and Record Drawings for the County utilities in the vicinity of the project. • Prepare preliminary plans based upon the Infrastructure Identification, the review of the existing utilities, and the preliminary engineering work. These plans will show the existing conditions, existing utilities, and the proposed utility system improvements (plan and profile views). • Coordinate preliminary plans with Public and Private Utility Providers through the Sunshine 811 system. • Conduct an in-house QA/QC review of the 60% design. • Submit electronic copies of the plans to Collier County (with hard copies if desired) for review. • Conduct a preliminary plan review meeting to discuss the plans and receive Collier County comments. Tasks No 3 12 21 and 30 — 90% Design 98. 99. 105. & 106" Avenues North • Prepare 90% plans based on comments received at the 60% design review meeting and from Collier County. • Coordinate the 90% plans with public and private utility providers as necessary. • Perform a thorough project walk through to review the proposed improvements in the field. OCAQ Packet Dr.y• 175 • Conduct an in-house QA/QC review of the 90% design. • Submit electronic copies of the plans to Collier County (with hard copies if desired) for review. > • Update and submit to the County supplemental specifications including a bid schedule, W CD measurement and payment section, supplemental requirement section, and project description. • Prepare and submit to the County a Preliminary Opinion of Probable Project Cost based on the 90% design. `° • Conduct a 90% plan review meeting to discuss the plans and receive comments. o Tacks No 4. 13.22. and 31—_Permitting 98.99.105. & 106'h Avenues North Florida Department of Environmental Protection (FDEP) drinking water and wastewater permits or permit exemptions; South Florida Water Management District (SFWMD) Individual Environmental Resource Permit (ERP) and dewatering letter modification; and Collier County ROW permit (two required, one for soft digs and one for construction) will be required for this project. The task assumes two permit application packages for each required permit. • Prepare the required permit application and supporting documentation. • Coordinate with Collier County as necessary. • Submit the applications to the appropriate regulatory agencies. Collier County (ROW) permitting fees will be paid for by Collier County. • Respond to agency requests for additional information. Tasks No 14 23 and 32 — Final Design 98, 99,105, & 106" Avenues North • Upon receipt of 90% review and permitting comments, finalize the plans and supplemental specifications for bidding and subsequent construction. • The County Standard Bidding and Construction documents and Technical Specifications will be utilized for this project. • Provide electronic copies to Collier County for bidding (with hard copies ifdesired). • Prepare an Opinion of Probable Project Cost based on the final design. Tasks No. 6 15.24, and 33 — Bidding 98.99. 105. & 106'h Avenues North • Respond to Requests for Information during bidding process. • Attend the Pre -Bid Conference and provide written addenda (if needed). • Review submitted bid packages, contact the provided references and provide a written Design Entity's Letter of Review and Acknowledgement ("DELORA"). • The task assumes that 98th and 99th Avenues North will be bid together as one project and 105" and 106`h Avenues North will be bid together as one project. Tasks No 7 16 25 and 34 —Project Management 98. 99,105, & 1061h Avenues North • Keep the County informed on the projectprogress. • Attend and assist County staff with progress meetings. • Provide progress updates and status of all phases of the project that are being executed at the time of the meeting. • Prepare and distribute progress meeting agendas within three days of the meeting. • Take and distribute meeting minutes within three days of the meeting. • Incorporate County direction/decisions made at the meeting into the Contract Documents as applicable. • Public relations assistance including attend public information meetings with County staff and the preparation of graphics/exhibits. • Conduct a wet weather pre -construction video of the entire project site. The video will take place before the project is bid, during normal business hours and after a significant wet weather event, as agreed upon by GradyMinor and the County. The video will highlight the locations/addresses Packet Pg. 176 of existing ponding and flooding along the project. This proposal does not include the unnatural flooding (water truck) of the project site. R Tasks No. 8.17. 26, and 35 — Reimbursable ExIlenses 98, 99,105, & 10611 Avenues North o • Express delivery services. • Document reproduction expenses. • Blueprinting charges. c • Non -Collier County permitting fees. • Other customary indirect expenses. rn Tasks No. 9. 18. 27_ and 36 - Construction Administration 98. 99,105, & 106" Avenues North: • Assist Collier County as requested between the receipt of Bids and the Construction Contract Notice to Proceed. • Attend a pre -construction meeting with Collier County and the Contractor. • Attend a pre -construction neighborhood informational meeting. • Attend site meetings with property owners, as required. • Coordination with the County and CEI consultant and maintain open communication with CEI Consultant. • Review Contractor submitted Shop Drawings/Submittals. • Construction Progress Meetings: Prepare the meeting agendas, run the meetings, and prepare and distribute the meeting minutes (within 3 days of meeting). Total of 32 meetings • Review and approve Contractor Pay Requests, including coordination with the CEI and County PM to verify the quantities for each pay request. • Provide monthly progress reports during the construction of the project • Provide periodic observations during construction and at critical times, to certify the project complete. • Provide clarification of plans and construction documents or make minor changes due to field conditions. • Provide assistance to resolve unforeseen conflicts. • Respond to requests for additional information from the Contractor (RFIs) and requests for clarifications (RFCs) from the CEI consultant. • Prepare and distribute construction contract Change Orders. • Review CEI reports and provide support as necessary. • Provide FDEP Completion Certifications, estimated seven partial clearances required (six for water and one for wastewater). • Prepare Record Drawings based on County/CEI mark-ups, Contractor's mark-ups and Record Survey. • Conduct Substantial Completion (Functionally Complete) Inspections (5 total) and review punch list items and make changes or additions as necessary. • Conduct Final Completion Inspections (5 total). • Prepare and distribute Final Completion Certification. • Provide Construction close-out documents. • Collection of required asset information in accordance with Collier County's Asset Onboarding policy. This includes the completion of the linear asset tables (in excel format) which will be provided to the County's GIS Department to be entered into the County's GIS system (by Collier County). • Provide public relation services as requested by County's PM. These may include additional meetings with the County and CEI consultant; presentation document preparation (narratives and exhibits); graphic support, meetings with residents and key stakeholders, County Utility - — Packet Pg. 177 Staff, County Stormwater Staff, etc. • Provide progress updates and status during the project as requested. _ at • Incorporate County direction/decisions made into the Contract Documents as applicable. R • Miscellaneous construction related surveying services including the re -surveying of o modification performed since the original design survey was conducted. • Coordination with buried utility owners and field coordination associated with the restoration of c driveways, irrigation systems and swales. • Contract the services of a Florida ISA Certified Arborist to review the condition and health of tress within the project site including trees outside of the ROW. This proposal includes four (4) a; site visits by a Florida ISA Certified Arborist, approximately four (4) hours per site visit. Each °' site visit will include a written recommendation concerning the trees reviewed. • Reimbursable expenses including reprographics, shipping, and miscellaneous costs. ,o We have not included resident or full time inspection, special threshold inspection, testing or construction stakeout/as-built surveying in these tasks. County Inspection/CE1 shall provide GradyMinor with written inspection reports and photographs on a daily basis. We propose to complete these tasks within 1,825 days from the issuance of a notice -to -proceed from the County; in accordance with the fee schedule on the following page: Packet Pg. 178 N This Proposal only includes those items specifically identified above and does not include environmental assessments, geotechnical investigations, Collier County permitting fees, or construction services. > M This Proposal is subject to the Standard Provisions of the Collier County Fixed Term Professional to Engineering Service Contract (15-6450) "Naples Park Infrastructure Improvements". Services requested beyond the scope of this Proposal will be performed for a fee negotiated when the scope of additional services is known or at the approved Collier County Fixed Term Professional Engineering Service Contract (15-6450) hourly rate schedule. Invoices will be issued monthly, payable per the applicable Collier County T Purchasing Policy. Government imposed sales taxes or fees shall be added to our fees for services under this Proposal. In Very truly yours, J stin Frederiksen, P.E. Vice president Packet Pg. 179 Task Description Fee Fee 1. 98`h Avenue North Infrastructure Identification $35,862 T&M 2. 98'h Avenue North 60% Design $50,928 LS 3. 98'h Avenue North 90% Design $41,681 LS 4. 98"' Avenue North Permitting $11,661 T&M 5. 98'h Avenue North Final Design $24,623 LS 6. 98"' Avenue North Bidding $4,930 T&M 7. 98"' Avenue North Project Management $9,551 T&M 8. 98 h Avenue North Reimbursable $1,650 T&M 9. 98`h Avenue North Construction Administration $170,529 T&M 98`h Avenue North Subtotal $351,415 10. 99"' Avenue North Infrastructure Identification $35,862 T&M 11. 991h Avenue North 60% Design $50,928 LS 12. 99`h Avenue North 90% Design $41,681 LS 13. 991h Avenue North Permitting $11,661 T&M 14. 99"' Avenue North Final Design $24,623 LS 15. 99t" Avenue North Bidding $4,930 T&M 16. 99'11 Avenue North Project Management $9,551 T&M 17. 99"' Avenue North Reimbursable $1,650 T&M 18. 99"' Avenue North Construction Administration $170,529 T&M 991h Avenue North Subtotal $351,415 19. 105`h Avenue North Infrastructure Identification $35,862 T&M 20. 105t" Avenue North 60% Design $50,928 LS 21. 105"' Avenue North 90% Design $41,681 LS 22. 105'h Avenue North Perm itting $11,661 T&M 23. 105'h Avenue North Final Design $24,623 LS 24. 1050' Avenue North Bidding $4,930 T&M 25. 105'h Avenue North Project Management $9,551 T&M 26. 105"' Avenue North Reimbursable $1,650 T&M 27. 105t" Avenue North Construction Administration $170,529 T&M 105" Avenue North Subtotal $351,415 28. 1060' Avenue North Infrastructure Identification $35,862 T&M 29. 106'h Avenue North 60% Design $50,928 LS 30. 10691h Avenue North 90% Design $41,681 LS 31. 106'h Avenue North Permitting $11,661 T&M 32. 106t" Avenue North Final Design $24,623 LS 33. 1060' Avenue North Bidding $4,930 T&M 34. 106"' Avenue North Project Management $9,551 T&M 35. 106'h Avenue North Reimbursable $1,650 T&M 36. 106"' Avenue North Construction Administration $170,529 T&M 106"' Avenue North Subtotal $351,415 Grand Total $1,405,660 Packet Pg. 180 OladyMWnf Proposal bl PfasuWMl EnpmarMq 3orOm MIT", WM ISSTM, AND IOSTN AVENUES NORTH PUBLIC UMUTIES RENEWAL COWER COUNTY WATER SEWER OMTW -T Rehr LO O.Grady Mbwr/Ad As —labs. PA prop" and Wope Of soMkas AaMd: •pa 11,-1 - - ---- Packet Pg. 181 GradyMI— Proposal W Professbnal Enyin n.q S-1- 93TH.99TH, 10STH, AND 109TH AVENUES NORTH PUBLIC UTILITIES RENEWAL COLLIER COUNTY WATER SEWER DISTRICT RelerloO.Grady MlmraadAss9plalas,P.A.proposalaAd scope of se 1—dalad: N..cn s. mit 01' ir�fii:�}.1• —��E���E'—�a�'��)♦—�iFai:.l =©=� © o• � �����������i •E �� a�mololw'.2 MN gq— o �9aa�©o��o©vim IM o �a0=MOM= m �s�E•1•����O��ILa��:i1L �I,r.�car. .. ��E���s���tStfL•��sr.�9 Packet Pg. 182 GladyMMw PtoposN tot Professbnal Engineering S-1- 98TH. 99TH, 105TH, AND INTH AVENUES NORTH PUBLIC UTILITIES RENEWAL COLLIER COUNTY WATER SEWER DISTRICT Rehr to Q.Glady Mlnol and Assoclates, P.A. goposal AHI stops M services d—: Ma.sn ■, 109t p 74!""•7I=7t.x- =J�.JL..'�'7iL�E7iL•]© =I=JCir pry... ■_a._....� �EpEp�pE:f��a�:�EII���aar:a © 1■ra � �E�--*■rrsra LM:== �:ins■ pl..!eca-.^w:r^.-r.,...... �E;p�•��epiF���t���IIe� f6%iIRP•.:s:: ii:r•■l.:•1\1 i`Ta':•: i p p � �Emmea�Eamm���a��a p �oO�Eao��of�rv7�.]0 p�t�:■.�n-r>I-t �iL�pE��sp tp��lp�NEON[= fl ��>•E����o��m��sc�i pi:.,... ���—������tlllllllllllll9ls:a ----------- p� Imr.--l:rT ^r�..r' ��Ep��O��t>•fYF:J�r Imr:rsr•t ��Mlmm Packet Pg. 183 GradyMlnor Proposal for Prohssbnal En9lneeNr•p Sm-, 99TH. 99TH, 105TH. AND 106TH AVENUES NORTH PUBLIC UTILITIES RENEWAL COLLIER COUNTY WATER SEWER DISTRICT Refer to O. Grady Mlnor and Assoclates,P.A. Prupuul and scope Of"MICas dalad: w•sn f, Mlt p - ��©�����©E)7Fi•7�3SC7 p .. �Op7�sp�p��t•��f�tr-9 p• �ep���������ffi1i p.. �tpt•)♦��Q•)•lp��©ems rna p��i. �m�a�o�>.��o�fs.r•, ll�lipl:MLEM �p':�O��p��s p:.. O��w mms fL1 p MEIDfn. pr-^^ra.r•----^rr-L .. �E�t pEil�s)•��L 0 = Nvlm l �ea-r.9 ® �tl•Sp��O���p��II� . tm Pw..a •.<w•, n,r m,.lceu <.��.�•ao. Packet Pg. 184 Attachment 2 Table 1: Funding Allocation. Funding Source Design Construction Administration Total Amount % Amount % Stormwater Capital Fund (327) $115,767.04 16% $197,813.64 29% $313,580.68 Water Capital Fund (412) $303,888.48 42% $177,350.16 26% $481,238.64 Wastewater Capital Fund (414) $303,888.48 42% $306,952.20 45% $610,840.68 Total $723,544.00 $682,116.00 $1,405,660.00 The percentages in Table 1 are based on the previous projects completed for the Naples Park Public Utilities Renewal projects Packet Pg. 185 WORK ORDERIPURCHASE ORDER Contract 15-6450 "Naples Park Infrastructure Improvements" y Contract Expiration Date: October 12, 2035 c a� This Work Order is for professional engineering services for work known as: co 0 Project Name: 981h, 99th, 105th, and 10611 Avenues Public Utilities Renewal Project — Design and Construction Administration m Project No: 70120.5.1, 70120.5.2, 70120.5.3, 70120.5.4, 60139.5.1, 60139.5.2, 60139.5.3, 60139.5.4 c The work is specified in the proposal dated April 12, 2021 which is attached hereto and made a part of (n this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this C6 Work Order/Purchase Order is assigned to: O. Grady Minor & Associates, P.A. o Scope of Work: As detailed in the attached proposal and the following: * Task 1 98t" Avenue North Infrastructure Identification * Task 2 98th Avenue North 60% Design o • Task 3 98th Avenue North 90% Design L * Task 4 98t" Avenue North Permitting * Task 5 98"' Avenue North Final Design * Task 6 981h Avenue North 60% Design Bidding a * Task 7 981h Avenue North Project Management c * Task 8 98' Avenue North Reimbursable * Task 9 981" Avenue North Construction Administration r * Task 10 99t" Avenue North Infrastructure Identification c * Task l 1 99th Avenue North 60% Design v * Task 12 99'h Avenue North 90% Design • Task 13 99t" Avenue North Permitting * Task 14 991h Avenue North Final Design y * Task 15 991" Avenue North 60% Design Bidding o * Task 16 99t" Avenue North Project Management * Task 17 991h Avenue North Reimbursable c`°c * Task 18 99t" Avenue North Construction Administration r * Task 19 105th Avenue North Infrastructure Identification * Task 20 ] OS'" Avenue North 60% Design 0 • Task 21 105t" Avenue North 90% Design • Task 22 1051h Avenue North Permitting 0 * Task 23 lOSt" Avenue North Final Design * Task 24 r 105th Avenue North 60% Design Bidding * Task 25 105'h Avenue North Project Management E * Task 26 105th Avenue North Reimbursable * Task 27 .r 105t" Avenue North Construction Administration a * Task 28 106th Avenue North Infrastructure Identification * Task 29 106'h Avenue North 60% Design Pagel of 5 Packet Pg. 186 * Task 30 1061h Avenue North 90% Design * Task 31 1061h Avenue North Permitting * Task 32 106th Avenue North Final Design * Task 33 100h Avenue North 60% Design Bidding * Task 34 106ih Avenue North Project Management * Task 35 106`h Avenue North Reimbursable * Task 36 10e Avenue North Construction Administration Schedule of Work: Complete work within 1,825 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 15-6450 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ®Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ®Time & Material (T&M) (established hourly rate — Schedule A) Cost Plus Fixed Fee (CPFF), as provided in the attached proposal. Task 1 $35,862.00 (T&M) Task 2 $50,928.00 (NLS) Task 3 $41,681.00 (NLS) Task 4 $11,661.00 (T&M) Task 5 $24,623.00 (NLS) Task 6 $4,930.00 (T&M) Task 7 $9,551.00 (T&M) Task 8 $1,650.00 (T&M) Task 9 $170 529.00 T&M 981h Ave North Subtotal $351,415.00 Task 10 $35,862.00 (T&M) Task 11 $50,928.00 (NLS) Task 12 $41,681.00 (NLS) Task 13 $11,661.00 (T&M) Task 14 $24,623.00 (NLS) Task 15 $4,930.00 (T&M) Task 16 $9,551.00 (T&M) Task 17 $1,650.00 (T&M) Task 18 $170,529.00 {T&M) 991h Ave North Subtotal $351,415.00 Task 19 $35,862.00 (T&M) Task 20 $50,928.00 (NLS) Task 21 $41,681.00 (NLS) Task 22 $11,661.00 (T&M) Page 2 of 5 ^E 31) Packet Pg. 187 Task 23 $24,623.00 (NLS) Task 24 $4,930.00 (T&M) Task 25 $9,551.00 (T&M) Task 26 $1,650.00 (T&M) Task 27 $170,529.00 (T&M) 10511 Ave North Subtotal $351,415.00 Task 28 $35,862.00 (T&M) Task 29 $50,928.00 (NLS) Task 30 $41,681.00 (NLS) Task 31 $11,661.00 (T&M) Task 32 $24,623.00 (NLS) Task 33 $4,930.00 (T&M) Task 34 $9,551.00 (T&M) Task 35 $1,650.00 (T&M) Task 36 $170,529.00 (T&M) 1061h Ave North Subtotal $351,415.00 TOTAL FEE $1,4059660.00 d . PREPARED BY: Diana C. Dueri, Senior Project Manager (Remainder of page intentionally left blank) 04/13/2021 Date as c CD M w 0 c M 0 04142021 a Page 3 of 5 Packet Pg. 188 APPROVED BY: Digitally signed by Patterson_a atte rso n a Date: 2021.04.15 11:51:11-04'00' Amy Paterson, Capital Project Planning, Impact Fees and Program Management — Director - GMD ChmelikTom Digitally signed byChmelikTom APPROVED BY: Date: 2021.04.16 17:01:07 -04'00' Tom Chmelik, EPMD Director - PUD J o h n s s e n b Digitally signed by Johnssen_b Date: 2021.04.17 09:30:41-04'00' APPROVED BY: Beth Johnssen, In -Ground Services Director - PUD Joseph Qellone Digitally signed by Joseph Bellone APPROVED BY D Date: 2021.04.1909-0905-04'00' Date Date Date Joe Bellone, Operations Support Director- PUD Date APPROVED AW 11(61 INaleu, L. Cohen, Department Head —GMD Date Joseph Bellone gi p=; „„� BegoneW APPROVED BY: Dr. George Yilmaz, Department Head — PUD Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Justin Frederiksen, V.P. (Remainder of page intentionally left blank) 4/14/2021 Date Page 4 of 5 Packet Pg. 189 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Work Order on the date and year first written below. ATTEST: Crystal K. Kinzel, Clerk of Courts Dated: (SEAL) first Aftness Allyson Holland, P.E. TType/print witne s nameT Second W itnes Donald Saintenoy, PSM TType/print witness nameT Approved as to Form and Legality: Assistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor, Chairman Name of Firm Grady Minor & Associates, P.A B ignature Justin Frederiksen, V.P. TType/print signature and titleT Page 5 of 5 Packet Pg. 190 Contract #15-6450 "Naples Park Infrastructure Improvements" FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of 2015, 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" or "OWNER") and Q. Grady Minor and Associates, P.A., authorized to do business in the State of Florida, whose business address is 3800 Via Del Rey, Bonita Springs, FL 34134 (hereinafter referred to as the "CONSULTANT") WITNESS ETH: WHEREAS, it is in the best interests of OWNER to be able to obtain professional CONSULTANT engineering services concerning "Naples Park Infrastructure Improvements" (hereinafter referred to as the "Project"), said services being more fully described in Schedule B, "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; WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and 1 Contract #15-6450 "Naples Park Infrastructure Improvements" WHEREAS, OWNER has selected the CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional CONSULTANT engineering services on a fixed term basis as directed by OWNER for such project and tasks as may be required by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1.1 CONSULTANT shall provide to OWNER professional engineering services (hereinafter the "Services") in all phases of the Project to which this Agreement applies, upon the written request or direction of OWNER as hereinafter provided. The term "Services" includes all Additional Services authorized by written Amendment or Change Order as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services described in detail in Schedule B, which shall be described in subsequent Work Orders issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments or Change Orders to any particular Work Order. The CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in writing by the Board of County Commissioners. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in Contract #15-6450 "Naples Park Infrastructure Improvements" a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject 1.2.4 All duly executed Work Orders (including all written Amendments or Change Orders thereto) are hereby incorporated into and made a part of this Agreement by reference. 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 3 Contract #15-6450 "Naples Park Infrastructure Improvements" other form of legal entitlement to practice such Services, it shall employ and/or retain only qualified personnel to provide such Services to OWNER. 1.5 CONSULTANT hereby designates Mark W. Minor, P.E. as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge anA Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from OWNER to promptly remove and replace the Principal in Charge or any 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 any of the Services pursuant to the requirements of this Agreement or any !n Contract #15-6450 "Naples Park Infrastructure Improvements" applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional engineering services that will be required under this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'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)-(d) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided a chapter or as otherwise provided by law. 5 Contract #15-6450 "Naples Park Infrastructure Improvements" (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant 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 r:q Contract #15-6450 "Naples Park Infrastructure Improvements" necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'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 OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) 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 OWNER. 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 2 ADDITIONAL SERVICES OF CONSULTANT 2.1 If authorized in writing by Owner through an Amendment or Change Order to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services in Contract #15-6450 "Naples Park Infrastructure Improvements" Schedule B and authorized in the Work Order. The agreed upon scope, compensation and schedule fVI Additional Services shall be out forth in the Amendment or Change Order 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 OWNER'S Purchasing Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule C. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment or Change Order to the subject Work Order prior to starting such services. OWNER 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 Services originally required of CONSULTANT under the subject Work Order. 2.2 If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER 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 the subject Work Order, 2.3 The following services, if not otherwise specified in Schedule B as part of Scope of Services, shall be Additional Services: !3 Contract #15-6450 "Naples Park Infrastructure Improvements" 2.3.1 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. 2.3.2 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, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER 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. 2.3.3 Providing renderings or models for OWNER'S use. 2.3.4 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 OWNER in obtaining such process licensing. 2.3.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.3.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 0 Contract #15-6450 "Naples Park Infrastructure Improvements" 2.3.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.3.8 Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigationI 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). 2.3.9 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 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; Contract #15-6450 "Naples Park Infrastructure Improvements" (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 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 OWNER'S requirements for the Services specified in the Work Order, 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 OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; and 11 Contract #15-6450 "Naples Park Infrastructure Improvements" (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the Services to be rendered by CONSULTANT hereunder. ARTICLE 4 TIME 4.1 Each Work Order will have a time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER 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 Unless otherwise expressly provided in the Work Order, no interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the 12 Contract #15-6450 "Naples Park Infrastructure Improvements" right to seek an extension of time to the 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. 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 OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT under this Agreement (including any and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER'S satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval. by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from approval by the Board of County Commissioners through the construction of the project and any close out related activities, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. �K3 Contract #15-6450 "Naples Park Infrastructure Improvements" 5.1 Compensation and the manner of payment of such compensation by the OWNER for Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule C which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall remain in effect for a period of four (4) years from the date of award by the Board of County Commissioners. Subsequently, at the discretion of the OWNER and upon the written request of the CONSULTANT at least thirty (30) days in advance, all prices may be adjusted, based on the Consumer Price Index -South Region. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S WJA Contract #15-6450 "Naples Park Infrastructure Improvements" performance of the Services, at its direct cost with no markup; to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract -related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.60ther items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 15 Contract #15-6450 "Naples Park Infrastructure Improvements" t�qq�g� 5'0 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.6.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. m Contract #15-6450 Naples Park Infrastructure Improvements" 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER 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 OWNER 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 OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. Contract #15-6450 "Naples Park Infrastructure Improvements" 'h: 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the 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 Work Order is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, 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. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. Contract #15-6450 "Naples Park Infrastructure Improvements" 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. ARTICLE 9 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 described herein and further 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 19 Contract #15-6450 "Naples Park Infrastructure Improvements" this Agreement shall name Collier County Government, Collier County, Florida, 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 OWNER 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 coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form patterned after the current I.S.O. form with no limiting endorsements, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construeA in accordance with the laws of the State of Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: Zo Contract #15-6450 "Naples Park Infrastructure Improvements" 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 or higher. rating of "Class VI" 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. 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 OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER 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 OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 21 Contract #15-6450 "Naples Park Infrastructure Improvements" 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 any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting 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 orsub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER 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 OWNER anA any subconsultant or subcontractor. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by 22 Contract #15-6450 "Naples Park Infrastructure Improvements" CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, 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 any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S failure to properly and timely perform the Services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so 23 Contract #15-6450 "Naples Park Infrastructure Improvements" terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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 OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 OWNER, including, but not limited to, anticipated fees or profits on Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described 24 Contract #15-6450 "Naples Park Infrastructure Improvements" in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders, 12.6 The OWNER shall have the power to suspend all or any portions of the Services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER 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 the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (1or) ) 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 the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order, If OWNER 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 OWNER, terminate the subject Work Order and 25 Contract #15-6450 "Naples Park Infrastructure Improvements" recover from the Owner payment for Services performed through the termination date, but in no event shCl ll CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. 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 or any subsequent Work Order. 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 and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. 26 Contract #15-6450 "Naples Park Infrastructure Improvements" 14.1 CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of Services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those Services. ARTICLE 15 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 16 16.1 All notices required or made pursuant to this Agreement to be give.. by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-25M407 Fax: 239-25M480 Contract #15-6450 "Naples Park Infrastructure Improvements" 16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Q. Grady Minor and Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 Telephone: 239 947 1144 Fax: 239 947 0375 Attn: Mark W. Minor, P.E. 16.3 Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER 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 OWNER. 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. Contract #15-6450 "Naples Park Infrastructure Improvements" 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. Further, The CONSULTANT agrees that any Work Order that extends beyond the expiration date of this Agreement will survive and remain subject to the terms and conditions of this Agreement until the completion or termination of the Work Order. 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 WORK ORDER FORM Schedule B SCOPE OF WORK Schedule C RATE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE 29 Contract #15-6450 "Naples Park Infrastructure Improvements" :i"MlA�iE3 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 19 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 OWNER the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. Contract #15-6450 "Naples Park Infrastructure Improvements" 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 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 OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should 31 Contract #15-6450 "Naples Park Infrastructure Improvements" 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. 21.1 By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. ****************** 32 Contract #15-6450 "Naples Park Infrastructure Improvements" IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for 15-6450 Naples Park Infrastructure Improvements the day and year first written above. ATTESV'.. Dwight E. Brock, Clerk By. Uk Date: �d'.l A es signature only. r roved as to Form and Le it, r 7 Assistant qunty Attorney Witnes Just n Frederiksen, Vice President Typed Name and Title Witness Carin J. Dwyer, Vice President Typed Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By/ eA�Cr-- Tim Nance, Chairman 33 Contract #15-6450 "Naples Park Infrastructure Improvements" r WORK ORDER Contract 15-6450 "Naples Park Infrastructure Improvements" Contract Expiration Date: , 201 This Work Order is for professional engineering services for work known as: Project Name: Naples Park Infrastructure Improvements Project No: The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Q. Grady Minor and Associates, P.A. Scope of Work: As detailed in the attached proposal and the following: * Task - * Task II * Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule C) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Taskl $ Task II $ Task III $ TOTAL FEE Name and Title (Dept Name) ,Division Director Date Date type name, Department Administrator Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Company Name) Name &Title of Authorized Company Officer Date A-1 Contract #15-6450 "Naples Park Infrastructure Improvements" NOWM&WIALMMEM132M The County is contracting with the Consultant to develop and implement infrastructure improvements in the Naples Park area generally described as the area including and located north of Vanderbilt Beach Road, west of US 41 and south of 111th Street. Throughout the duration of the program, Consultant will provide project management assistance consisting of the following: • Attend progress meetings with PUD staff as needed • Attend public information meetings with PUD staff as needed • Graphics/exhibit preparation • Progress meeting assistance • Project management assistance • Project management plan preparation • Public Relations assistance • Subsurface investigations of underground utilities • Geotechnical surveys • Land surveying Attend Project Progress Meetings: Bi-weekly meetings with County representatives will be conducted, as requested by the Program Manager, throughout the program to keep the County informed of the project progress, to make certain that the Consultant is productively conducting its consulting services and to obtain input and direction as required for outstanding project issues. A firm day and time will be established for all progress meetings. Meeting objectives will be to provide progress updates, reach decisions on pertinent issues relative to the specific topics being addressed. The Consultant will prepare and distribute agendas and minutes for each meeting incorporating agenda items and meeting minute corrections provided by the County. Agendas will be submitted to the County at least two (2) days prior to the meeting. Draft minutes will be submitted to the County no more than two working days following each meeting; the County will provide comments no more than two working days after receipt of draft minutes. Phase 1: Infrastructure Identification Task 1.1 —Identify, analyze, prioritize and recommend the rehabilitation program for the region. Tasks may include, but are not limited to: a. Utilize local (Collier County) knowledgeable registered land surveyors to stake out the easements and/or property boundaries; collect and record the limits of property or easement boundaries as well as the physical location of the existing infrastructure components. As part of this task, call Sunshine State One -Call System to have the Contract #15-6450 "Naples Park Infrastructure Improvements" existing utilities located and to determine utility ownership (water, irrigation quality water, gas, electric, force mains, etc) prior to performing any field survey efforts. • Existing utilities • Existing vegetation • Fencing/Bollards (conditions and sufficiency for future expansion) • Flow meter and by-pass assemblies (if applicable) • Flow Monitoring • Landscaping (code considerations) and irrigation facilities • Potential for bypass pumping • Site access • Site layout of proposed improvements Phase 2: Design The Consultant shall prepare a Basis of Design Report outlining the basis of design for the improvement proposed for the project phase being designed. Should the proposed design include the use of innovative construction technologies, Consultant shall retain experts with expertise in using proposed technologies. The Consultant shall design the rehabilitation program in phases stipulated by the County, assist with the bid process and recommend construction contractors to execute the infrastructure replacement program; and • Prepare bid/quote documents for utility system renovations • Monitor utility renovation activities • Observe and provide oversight The following tasks are included as part of the scope of work. Task 2.1 Final Design and Permitting Phase a. On the basis of the accepted preliminary layout, Consultant will prepare final drawings and specifications, which provide the general scope, extent and character of the work to be furnished, and performed by the Contractor. Consultant will prepare and submit drawings and specifications at the 60-, 90- and 100-percent complete stages for review and approval. An engineer's opinion of probable construction cost will accompany each submittal. Consultant shall meet with the County's design and operations staff and obtain their written acceptance (signature approval) of the work completed to date. Technical specifications will be based on the 16-Division format of the Construction Specifications Institute (CSI) in MS Word format. In addition to technical specifications, the Consultant will coordinate with County to develop necessary General Conditions, Supplemental Conditions, and Special Provisions Specifications will be developed specifically for the project being constructed. Standard Collier B-2 Contract #15-6450 "Naples Park Infrastructure Improvements" County Specifications may be used for reference but the Consultant shall not rely on them as a replacement for sound engineering judgment and responsibility. Documents shall include drawings and project specifications ready for bidding, consistent with Collier County standards, including the following or as approved by the project manager: 1) Cover sheet, index and key map. 2) Civil Site Plan including fencing and landscaping. 3) Civil Details 4) Demolition Plan 5) Infrastructure Plan and Profile 6) Details 7) Operational Contingency Plans b. Prepare applications for Right -of -Way permits, Insubstantial Change to a Site Improvement Plan when required from Collier County Growth Management Division and respond to requests for additional information. Prepare all other required permit applications. Permitting fees will be paid by the County. c. Furnish copies of Contract Documents that include engineering drawings and specifications. Present and review them in person with the County at the 60-percent and 90-percent completion stages in the project and make appropriate changes requested. d. Prepare a permit application for submittal Environmental Protection (FDEP) and provide drawings and specifications for each lift station additional information (RAI) from the FDEP. All County. Task 2.2 Bidding and Award Phase to the Florida Department of backup documentation including site. Respond to a request for PE fees will be paid by the With the exception of the following, bid/quote services will be performed by the Collier County Procurement Services Division. Consultant will assist the County with the following: aI Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding Documents. bI Consult with and advise the County as to subcontractors, suppliers and other person B-3 the acceptability of the contractor and Contract #15-6450 "Naples Park Infrastructure Improvements" c. Consult with the County concerning and determine the acceptability of substitute material and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the Bidding Documents. d. Attend a pre -quote conference e. Attend the bid opening, review bids, quacations, f. Provide a recommendation letter of award. Phase 3 —Consultation Services During Construction This phase is not referring to Construction, Engineering, and Inspection (CEI) Services. CEl responsibilities will be handled by Stantec Consulting Services Inc. However, the Consultant's presence will be requested during the construction for the following services: The Consultant's inspector shall observe regular construction and testing activities related to the Project as directed by the Project Manager, including rehabilitation work. Construction/testing reports and pictures of construction will be prepared on site daily on the day the construction activity takes place by the construction inspector. All construction documentation will be provided no later than 7 PM on the date of construction via electronic E-mail to the project manager and designated recipients. Both a hard copy and an electronic copy shall be kept in the project file of the Consultant and given to the County upon completion of the project. Task 3.1 —Construction Observation and Documentation The construction inspector (or activity observer) will provide the services outlined below. This section also incorporates activity observations associated with the design phase (i.e., smoke testing, flow monitoring, inspections, etc.). 3.1 — Construction/Testing Observation —The construction inspector will conduct on -site observations and inspections of all construction/testing activities on the Project on a full or part time basis unless directed otherwise by the project manager to ensure that all work is completed in accordance with the Contract Documents, The Construction Inspector will inform the project manager and the on -site superintendent of the construction/testing contractor of any concerns related to conformance of the work with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on -site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and the project manager in writing about the concern or issue within eight (8) business hours, but not more than one business day after the discovery of any concern or issue. The FOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the project manager and the Construction Inspector in writing. This protocol will be initiated any time the ME Contract #15-6450 "Naples Park Infrastructure Improvements" Construction Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. 3.2 -Log and Construction Documentation —The construction inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fittings, name plate data for equipment and material installed, and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construction inspector on a daily basis in an electronic file via E-mail, on a digital CD only if requested by the project manager and a printed copy to be maintained on the project site in the inspector's trailer. 3.3 —Photographic and Video Record —The Construction inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred via E-mail to the project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a daily basis along with the construction documentation. The photographs may be electronic sent via E-mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed in high resolution color, two captioned photos per 8 '/2" x 11" sheet, printed one side only. The prints if requested will be provided to the project manager when needed. If requested by the project manager, Video will be provided in digital format on DVD bi-weekly. 3.4 -General Coordination The Construction inspector will coordinate all activities related to the Project between the construction contractor, the FOR and the project manager. The Construction inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow-up inspections to ensure that punch list items are corrected and/or completed. B-5 Contract #15-6450 "Naples Park Infrastructure Improvements" 3.5 -Observe Regulatory Agency Inspections — The inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The inspector will always notify the project manager prior to any such inspections. 3.6 -Construction Progress Meetings —The inspector will coordinate bi-weekly progress meetings chaired by the project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The inspector will prepare a DRAFT Agenda at least two business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two days after the meeting to the project manager, EOR, and the construction contractor. 3.7 -Substantial Completion Inspections —The Construction inspector will conduct substantial completion inspections when requested by the construction contractor and the FOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the FOR and the project manager. The Construction inspector will be responsible for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The Construction inspector will coordinate and participate in the final walk-through to ensure that the punch -list items are completed to the satisfaction of the FOR and the project manager. All services related to the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for the Project. 3.8 —Final Completion Inspection -Upon the request of the construction contractor and concurrence of the FOR and the project manager, the Construction inspector will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project manager, and the Construction inspector will judge the work complete or not complete. If the work is judged complete, the Construction inspector will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the Construction inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction inspector can issue a "notice of final acceptance and recommendation for final payment". All services related to the Final Completion Inspection shall be provided to the project manager of the Project. 3.9 —Final Construction Certification —Upon issuance of a "notice of final acceptance and recommendation for final payment" the Construction inspector will provide a signed IM Contract #15-6450 "Naples Park Infrastructure Improvements" and sealed certification by a professional engineer of the FOR in responsible charge of the work provided by the Construction inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer OF RECORD". All services related to the Final Construction Certification shall be provided to the project manager of the Project. 3.10 —Asset Management Record Information —Provide all information in the electron format stipulated by Collier County required to populate the county's GIS and Asset Management system in place at the time of project completion. Task 3.2 —Construction Inspector and Project Oversight 3.2.1 -General Management and Oversight —The Construction inspector will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to: a. Participate in apre-construction meeting with the project manager, EOR, and the general contractor. b. Participate in other meetings as described or implied herein. c. Review and verify correctness of the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the Construction inspector to the project manager as an experienced and qualified professional, that based on Construction inspector's onsite observations and inspections of construction in progress, that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction inspector shall be mechanically stamped with the date received. d. The Construction inspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the project manager and EOR. e. The Construction inspector will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f. Within one week after the construction contractor notifies the FOR and the project manager that the Work on the Project is substantially complete in accordance with IM Contract #15-6450 Naples Park Infrastructure Improvements" the Contract Documents, the Construction inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted. 3.2.2 —Coordination of Shop Drawings, Contract Interpretations and Clarifications —The Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and clarifications of Contract Documents during construction. The DESIGN Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction inspector shall coordinate the DESIGN Engineer's (EOR) decisions and responses with the construction contractor. 3.2.3 -Monitor Project Records —The Construction inspector shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 3.2.4 — As Constructed Field Drawings —The Construction inspector shall maintain red pencil "mark-up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the "As Built" documentation provided by the construction contractor. The Construction inspector will notify the project manager, FOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction inspector on a weekly basis for resolution by the EOR. Consultant shall also submit record information in PUD GIS format for integration into the current GIS system. In addition, information shall be submitted for entry into the County's asset management system. 3.2.5 —Start-up and Re -commissioning Support —The Construction inspector will assist the project manager, the EOR, and the construction contractor during start-up of each segment designated for Beneficial Use by the FOR and project manager, including but not limited to signing off on regulatory permits and general coordination between the ::OR, project manager, and construction contractor. Task 3.3 —Additional Services 3.3.1 —Shall be in accordance with the Article 2 Additional Services of Consultant. Contract #15-6450 "Naples Park Infrastructure Improvements" SCHEDULE C RATE SCHEDULE Title Standard Hourly Rate Principal $ 206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior Engineer $ 157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $ 76.00 Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $ 93.00 Senior Scientist/Geologist $ 118.00 Marine Biolo ist/H dro eolo ist $ 110.00 Senior Marine Biolo ist/H dro Bolo ist $ 138.00 Senior GIS Specialist $ 139.00 GIS Specialist $ 102.00 Clerical/Administrative $ 62.00 Senior Technician $ 85.00 Technician $ 72.00 Surveyor and Mapper $ 120.00 CADD Technician $ 81.00 Survey Crew — 2 man $ 130.00 Survey Crew — 3 man $ 161.00 Survey Crew — 4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and the firm as needed for the Project. END OF SCHEDULE C. c-� Contract #15-6450 "Naples Park Infrastructure Improvements" 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 of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER 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 polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. 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 OWNER. CONSULTANT shall also notify OWNER, 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. D-1 Contract #15-6450 "Naples Park Infrastructure Improvements" (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement does not constitute approval or agreement by the OWNER 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 OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to 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 OWNER for such costs within thirty (30) Jays after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER 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 OWNER 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 or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. D-2 Contract #15-6450 "Naples Park Infrastructure Improvements" 1nI7 �:(�I � Zi ►i7►1 7�I�h�_ irCiP►T_1117 ►�iT:7RMARM:N`3MN/_\:3IN0�'1 Required by this Agreement? X Yes No (1) 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. x $500,000 Each Accident $500,000 Disease Aggregate $500,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable x Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? x Yes No (1) 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, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including D-3 Contract #15-6450 "Naples Park Infrastructure Improvements" 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 OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: Single Limit per Occurrence $300,000 Products/Completed Operations Aggregate $300,000 Aggregate $300,000 Single Limit per Occurrence $500,000 Products/Completed Operations Aggregate $500,000 Aggregate $5001000 x Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Aggregate $2,0007000 (2) 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 designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) 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. Applicable X Not Applicable Contract #15-6450 "Naples Park Infrastructure Improvements" ram....... (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than P5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable x Not Applicable Required by this Agreement? x Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury &Property Damage - $ 500,000 x Bodily Injury & Property Damage - $1,0007000 UMBRELLA LIABILITY (1) 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. (2) 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? x Yes No (1) Professional Liaty Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than. D-5 Contract #15-6450 Naples Park Infrastructure Improvements" $ 500,000 each claim and in the aggregate x $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, 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 OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER 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 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 OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, on a work order by work order basis, 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. Contract #15-6450 "Naples Park Infrastructure Improvements" ..•hi W121 11111111111 ill 11•11 11 1 1 11• (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'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 OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER 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. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. D-7 Contract #15-6450 "Naples Park Infrastructure Improvements" SCHEDULES TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Q. Grady Minor and Associates, P.A. hereby certifies that wagesI rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Q. Grady Minor and Associates, P.A. are accurate, complete and current as of the time of contracting. Q. Grady Minor and Associates, P.A. BY: TITLE: I 6?4L65% DATE: E-1 'C�� QGRAD=2 •- CERTIFICATE OF LIABILITY INSURANCE 09/25/2015 • ♦>DATE (MMIDDIYYYY) 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dawson of Florida; Naples 6609 Willow Park Drive Naples, FL 34109 Steven C. Bueltel NAME"'"' Nancy McCarrick ,AHcc°NN .. Ext1: 239 261 6116 No): 239 261 2803 E-MAIL 1 ADDRPss. nmecarrick(a)dawsoncomDanies.com I INSURERS) AFFORDING COVERAGE NAIC # INSURER A: National Trust Insurance Co. 20141 INSURED Q Grady Minor & Associates PA INSURER B : Maxum Indemnity Company 3800 Via Del Rey INSURER C: FCCI Insurance Company 10178 Bonita Springs, FL 34134 INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSD SUER POLICY NUMBER POLICY EFF MM DDIYYYY POLICY EXP DDfYYYY MM/ LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 110005000 CLAIMS -MADE I OCCUR X GL0005673 04/05/2015 04/05/2016 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 X MED EXP (Any one person) $ 5,000 Contratual Liabillity PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000,000 POLICY ] JERT LOC PRODUCTS - COMP/OPAGG $ 210007000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 130003000 X BODILY INJURY (Per person) $ A ANY AUTO CA0008906 04/05/2015 04/05/2016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 51000,000 AGGREGATE $ 51000,000 C EXCESS LIAB CLAIMS -MADE UMB0005343 04/05/2015 04/05/2016 DED X RETENTION $ 109000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA 001 WC15A57813 04/05/2015 04/05/2016 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 5009000 E.L. DISEASE - EA EMPLOYEE $ 5003000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 5003000 B Professional PFP6024156-01 04/05/2015 04/05/2016 Per Claim 230009000 Liability Aggregate 2,0001000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 15-6450 "Naples Park Infrastructure Improvements Collier County Board of Commissioners is an Additional Insured as respects the General Liability when required by written contract per form #CGLO84 10/13. ***30 Day Written Notice of Cancellation COLL125 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS. Commisioners General Services 3301 Tamlaml Tr E AUTHORIZED REPRESENTATIVE Naples, FL 34112 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25112014/011 The ACORD name and loge are registered marks of ACORD 0 co cc T C O O C N N d L. IL co 0 T 0 T as a) C CD Cd G t a Packet Pg. 191 Public' Udljdep�; Depar�mefil r Q Packet Pg. 192 �_. i�!-_.�► ■ Y r. �'.„ -' _' -� �- i. ra+ pia c� i i y +f! ii 7. * A } i 114 JI r ■ r o is-.��T w" 5 � - 4 - OF 10St" Ave North 106t" Ave North I ,- +c t _ ; •: ,'�� 445 _• Vanderbilt Drive .jip4'i jwZ 14jw!FLjq 1 4 4'. lot Rib sw - •i. j• P 98t" Ave North ;tOjj , 99t" Ave North � ��`�� �_ � =�y.�'�'��''� r _✓ = k- M.,- •y wh�tie' r r ter. �y KKK S. a��! r y•.�7 '!*'r r IJ (11 er--.* � a Public Ufllj la� Departmant Erigineering and Proje��t Nl an agarri-prit Divi31Jrl Packet Pg. 194 Naples Park Engineering Cost $410,000 $400,000 $390,000 $380,000 $370,000 $360,000 $350,000 $340,000 $330,000 $320,000 110th 95th 96th 108th & 109th 98th-106th Average per Avenue Public Utilities Department ('rowth Nl arj agament Dep:artrrjem Packet Pg. 195 Naples Park Engineering Percent of Construction Cost 10% 9% 8% •. 7% 6% ..... 5% 4% 3% 2% 1% 0% 110th 95th 96th 108th & 109th 98th-106th Average per Avenue PLjJlljr Jtiff-deg Depzirtment ('rowth NI arj agament Dep:artrrjem Packet Pg. 196 VB Ur. 6* Sx. 7"' St 811' St U.S. 41 11.1.7 1\J�����J P--- �Irll- �! 1ll�lll�lr� I\jj �IJD 11& Ave. N. ( PURcomplete) 109"Ave- N. 10eAve. N. 10r Ave- N. {PUR Pending) {PUR Pending) (PUR Complete) 106111Ave- N. 105111Ave- N. 10VI Ave- N. (Next PUR DesignM (Next PUR Design) 103`° Ave- N. 102e1 Ave. N- 1W Ave- N. 100d' Ave- N. 991° Ave- N. 98`° Ave. N. 9TI Ave- N. (Next PUR Design) (Next PUR Design] (Water/Sewer Camp_) 96`° Ave- N. PUR Complete) 951° Ave- N. (PUR Complete) 941° Ave- N. (Water Com plete) 93'" Ave. N. (Water Cam plete) 92°" Ave. N. Water Cam lets PacE 91II Ave- N. (Water Cam plete) ;et Pg. 197 ell �lUfl a Public; Utilides; Depzirrrrierrt � rowth Nl ar�:agarrjerrl ��psirrrr em Packet Pg. 198