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Agenda 07/13/2021 Item #16A19 (WO for #18-7432-CZ w/Humiston & Moore Engineers)07/13/2021 EXECUTIVE SUMMARY Recommendation to approve a work order with Humiston & Moore Engineers to provide professional support services for the application of a modification to Permit No. 0142538-018-JM to allow dredged sand to be placed on Delnor-Wiggins State Park beach, under the current library services contract 18-7432-CZ, for time and material not to exceed $36,102.00, authorize the necessary budget amendment, authorize the Chairman to execute the work order and make a finding that this item promotes tourism. OBJECTIVE: To modify Permit No. 0142538-018-JM to allow for dredged sand to be placed on Delnor-Wiggins State Park upland beach from Wiggins Pass to FDEP monument R-18. CONSIDERATIONS: On May 2, 2021 the Florida Department of Environmental Protection (FDEP) requested that the County apply for a modification to Permit 0142538-018-JM to allow dredged sand from Wiggins Pass to be placed on the northern section of Delnor-Wiggins State Park beach to assist with shoreline recovery between FDEP monuments R17 and R-18. Humiston & Moore Engineers will provide professional engineering services to the County in support of the application, including preparation of Permit Drawings, FDEP and U.S. Army Corps of Engineers (USACE) Permitting, and Approved FDEP and USACE Permit and Permit Drawings. Humiston & Moore Engineers is headquartered in Naples and was founded in 1991. They were selected as one of three firms on the County’s 18-7432-CZ Coastal Engineering Services Library contract and have provided engineering and permitting services to the County for over fifteen years. FISCAL IMPACT: The total cost for this work order is $36,102. A budget amendment, in the amount of $30,000 will be required to transfer funds within Tourist Development Tax Fund (195) from project 90020 to project 80288. Partial reimbursement of this work may be provided by the Florida Department of Environmental Protection (FDEP). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY BOARD RECOMMENDATIONS: This item was approved at the Coastal Advisory Committee meeting on June 10th, (9-0 vote). This item was approved at the Tourist Development Council on June 28th, (7-0 vote). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: to approve a work order with Humiston & Moore Engineers to provide professional support services for the application of a modification to Permit No. 0142538-018-JM to allow dredged sand to be placed on Delnor-Wiggins State Park beach under the current library services contract 18-7432-CZ for time and material not to exceed $36,102.00, authorize the necessary budget amendment, authorize the Chairman to execute the work order and make a finding that this item promotes tourism. Prepared By: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division 16.A.19 Packet Pg. 749 07/13/2021 ATTACHMENT(S) 1. [Linked] WO H&M Wiggins Pass Permit Mod (PDF) 2. [Linked] 18-7432-CZ H&M with Amend#1 (PDF) 3. BA -80288 (XLS) 16.A.19 Packet Pg. 750 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.19 Doc ID: 16334 Item Summary: Recommendation to approve a work order with Humiston & Moore Engineers to provide professional support services for the application of a modification to Permit No. 0142538-018-JM to allow dredged sand to be placed on Delnor-Wiggins State Park beach, under the current library services contract 18-7432-CZ, for time and material not to exceed $36,102.00, authorize the necessary budget amendment, authorize the Chairman to execute the work order and make a finding that this item promotes tourism. Meeting Date: 07/13/2021 Prepared by: Title: Project Manager, Senior – Capital Project Planning, Impact Fees, and Program Management Name: Andrew Miller 06/22/2021 9:06 AM Submitted by: Title: Division Director - IF, CPP & PM – County Manager's Office Name: Amy Patterson 06/22/2021 9:06 AM Approved By: Review: Procurement Services Caroline Blevins Level 1 Purchasing Gatekeeper Completed 06/22/2021 10:37 AM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/22/2021 11:51 AM Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 06/22/2021 12:50 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/22/2021 1:01 PM Procurement Services Catherine Bigelow Additional Reviewer Completed 06/22/2021 1:08 PM Procurement Services Evelyn Colon Additional Reviewer Completed 06/22/2021 1:46 PM Growth Management Operations Support Raquel Ovares Additional Reviewer Completed 06/23/2021 2:44 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/24/2021 7:30 AM Growth Management Department Jeanne Marcella Growth Management Skipped 06/24/2021 1:52 PM Growth Management Department Trinity Scott Transportation Completed 06/24/2021 3:10 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/28/2021 5:41 PM Grants Valerie Fleming Level 2 Grants Review Completed 06/29/2021 2:16 PM Grants Carrie Kurutz Additional Reviewer Completed 06/29/2021 3:45 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/29/2021 4:15 PM 16.A.19 Packet Pg. 751 07/13/2021 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2021 9:21 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/30/2021 10:13 AM Grants Therese Stanley Additional Reviewer Completed 06/30/2021 11:39 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 07/03/2021 2:53 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:52 PM Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM 16.A.19 Packet Pg. 752 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA# JE # BAR# APH Date 195 TDC Beach Renourishment Fund No.Fund Description (type on line above) Date Prepared:6/23/2021 (Attach Executive Summary) Approved by BCC on:Item No. Expense Budget Detail Fund Center Title:TDC Beach Renourishment Fund Center No.:110406 Funded Program (Project) Title:TDC Administration 5-digit Fd Prog #:90020 (only one Fund Center/Funded Program should be entered into this section. If amendment is for Funded Program, must enter Fund Center info) Fund Funded Commit Commitment Item Increase Current Revised Center Program Item Description (Decrease)Budget Budget 195 90020 634999 Other Contractual (30,000.00) 268,964.94 238,964.94 Net Change to Budget (30,000.00)$ Revenue Budget Detail Fund Center Title:TDC Beach Renourishment Fund Center No.:110420 Funded Program (Project) Title:Wiggins Pass Dredge 5-digit Fd Prog #:80288 (only one Fund Center/Funded Program should be entered into this section. If amendment is for Funded Program, must enter Fund Center info) Fund Funded Commit Commitment Item Increase Current Revised Center Program Item Description (Decrease)Budget Budget 195 80288 631400 Engineering Fees 30,000.00 - 30,000.00 - - Net Change to Budget 30,000.00$ EXPLANATION Why are funds needed?(type below) Where are funds available?(type below) REVIEW PROCESS Cost Center Director*:Date Department Head*:Date Budget Division:Date Agency Manager Date Finance Department:Date Clerk to the Board Admin:Date Inputted by:Date BA number (SAP) Transfer funds within Fund (195) from project 90020 to project 80288, which is in need of additional funding for ongoing work. Funds are available for transfer within Fund (195). 16.A.19.c Packet Pg. 753 Attachment: BA -80288 (16334 : Modification to Permit No. 0142538-018-JM) If this is uploaded into Novus with an Executive Summary, no signatures are required from the Cost Center Director or Department Head. If this is uploaded into Accela, please do NOT sent a paper copy of the Budget Amendment to the Office of Management and Budget office, OMB will download all budget amendments from Accela and will process after the BCC meeting. I:\ Forms\ County Forms\ Budget\ Budget Amendment Form.xls (excel format) 16.A.19.c Packet Pg. 754 Attachment: BA -80288 (16334 : Modification to Permit No. 0142538-018-JM) WORK ORDER/PURCHASE ORDER Contract 18-7432-CZ "Professional Services Library Coastal Engineering Category" Contract Expiration Date: March 9, 2025 This Work Order is for professional Engineering Services for work known as: Project Name: Wiggins Pass Permit Modification Project No: 80288.1 The work is specified in the proposal dated June 8, 2021 which is attached liereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order/Purchase Order fi is assigned to: Humiston & Moore Engineers. Scope of Work: As detailed in the attached proposal and the following: * Task 1 Permit Drawings and State and Federal Pre -application meetings * Task 2 DEP and USAGE Permitting * Task 3 Subconsultant * Schedule of Work: Complete work within 365 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 # 18-7432-CZ 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 Finn 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 B) ❑ Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task 1 Task 2 Task 3 Total Project Fees: $11,328.00 (T&M) $21,286.00 (T&M) $3,488.00 (T&M) $36,102.00 PREPARED BY: And filler, Principal Project Manager Date APPROVED BY: Digitally signed by Patterson _a Patterson a Date: 2021.06.1515:51:16 —-od'00' Department Director Date i ty Digitally signed by ScottTrinity APPROVED BY: S cottTri n Date: 2021.06.17 15:23:51 •04'00' Trinity Scott, Deputy Department Head 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 oil 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: Humisto Moorq Engineers i Brett Moore Date IN WITNESS WHEREOI+, 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: , Clerk of Courts By: Dated: (SEAL) ---._..-. ........... -.__._...... _.... First Witness TType/print witness nameT Second Witness TType/print witness nameT proved as to Form and Legality: (gssistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Name of Firm By; Signature , Chairman TType/print signature and title Wiggins Pass Maintenance Dredging Professional Services State and Federal Permit Modifications Prepared by Humiston & Moore Engineers 6.03-2021 SCOPE OF WORK WIGGINS PASS PERMIT MODIFICATION CONTRACT 18-7432-CZ JUNE 8, 2021 (valid for 90 days) Introduction: The following is a scope of services for obtaining updates to the state and federal regulatory permits for adaptable design associated with the Wiggins Pass Navigation Channel Maintenance Dredging. Updates to the regulatory permits will include flexibility in the specific alignment for navigation channel dredging across the ebb shoal, additional beach disposal area along Delnor Wiggins State Park, and nearshore disposal off of Barefoot Beach Preserve. In all cases herein, County refers to Collier County, Park refers to Delnor Wiggins State Park, Preserve refers to Barefoot Beach Preserve, DEP refers to Department of Environmental Protection, USACE refers to the U.S. Army Corps of Engineers, and Engineer refers to Humiston & Moore Engineers. The modifications will allow for improved design options for improved project sustainability, and ability to address specific areas of erosion along Delnor Wiggins State Park. The maximum duration of this work is less than 365 days with the intent of being significantly shorter dependent on permit review by the Ft. Myers DEP and USACE agency offices. Length of processing will depend upon determination of minor or major modifications and specific processing protocol by each agency. Background: State and federal permits are in place at this time for ongoing maintenance dredging of Wiggins Pass. Permit drawings will be prepared based on 2021 monitoring surveys. The proposed changes to the permitted design will address ongoing erosion along the Park south of the inlet. There also exists an accreted sand spit on the south shoreline of the inlet along the north Park boundary with opportunity to place sand in the adjacent area in need of sand extending below Mean High Water. Improved management considerations include adding sand placement along the eroded south bank of the inlet, upland sand placement along the gulf -front at the Park in the vicinity of the northern walkway access, and expanded options for nearshore disposal north at the Preserve further from the inlet. Additionally, depending on inlet monitoring and current shoaling patterns, adjustments to the specific alignment of the dredge channel across the ebb shoal may prove beneficial to project performance and related costs. These amendments to the inlet maintenance program remain consistent with the overall goals of the ongoing management of the inlet and approved permits. Services provided by H&M will be invoiced based on Time and Materials. Task 1: Permit Drawings and State and Federal Pre -application meetings: Permit Drawings: Engineer shall prepare drawings in support of permit modifications for the maintenance dredging at Wiggins Pass and related beach and nearshore disposal of the dredged sand. Drawings will be based on available 2021 monitoring data and any updated bathymetric and topographic data from the County. Pre -Application Meetings: Upon completion of the permit drawings and acceptance by the County, Engineer will coordinate with County and Park staff and meet with state and federal agencies to initiate review. Following pre -application meetings, plans will be updated as necessary for filing of modifications to existing DEP and USACE permits. Deliverable: Permit Drawings and summary of meetings with DEP and USACE. Page 1 of 2 F:\Collier\200-Wiggins-Pass\Contract\2021-PermitMod\2021-Permitting Dredging Wiggins Pass SOW Final.docx Wiggins Pass Maintenance Dredging Professional Services State and Federal Permit Modifications Prepared by Humiston & Moore Engineers 6.03-2021 Task 1 (TM) Estimate: $11,328 Task 2: DEP and USACE Permitting State and Federal Permit Applications: Based on feedback from state and federal agencies, Engineer will prepare and file the necessary permit modifications for the improvements listed herein. Engineer on behalf of DEP Division of Recreation and Parks, previously obtained the required archeological assessment of the original beach disposal areas along the Park as well as additional areas extending north to the inlet and east along the inlet bank. Based on the assessment, each of these areas are eligible for consideration of beach fill. Requests for Additional Information (RAI): Engineer will respond to RAls to complete the modification requests for permit issuance. Engineer will coordinate with the State of Florida Fish and Wildlife Conservation Commission (FWC), U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) as necessary during the permit coordination. Engineer will coordinate all responses through Coastal Zone Management and keep the County and State Parks informed as stakeholders. Local County staff expertise and physical and biological monitoring of the 2020 dredging of Water Turkey Bay and Interim Dredging at Wiggins Pass will be potential resources in addressing questions from the state and federal staff. Deliverable: Approved DEP and USACE Permit Modifications and approved Permit Drawings. Task 2 (TM) Estimate $21,286.00 Task 3: Subconsultant Earth Tech — Subconsultant Environmental subconsultant to address submerged aquatic vegetation and natural resources, if needed. Deliverable: Environmental Resource Survey Report Task 3 (TM)Estimate $3,488.00 Professional Services as referenced herein will be provided based on a Time and Materials Basis for a total Not to exceed budget of $36,102. Application fees will be addressed separately by County. Professional services will be provided in accordance with Contract 18-7432-CZ between Engineer and County. Proposal valid for 90 days Sincerely yours, HUMISTON & MOORE ENGINEERS 1 \ i Brett D. Moore, P.E., D.CE. President Page 2 of 2 F:\Collier\200-Wiggins-Pass\Contract\2021-PermitMod\2021-Permitting Dredging Wiggins Pass SOW Final,docx Wiggins Pass Permit Modifications - Maintenance Dredging Prepred by Humiston Moore Engineers 6/8/2021 Wiggins Pass Permit Modifications - Maintenance Dredging Estimate 1. Permit Drawings and DEP and USACE Pre -application Meetiin s 1.8 Data review and development of updated ermit drawings. meet with county 7,444.00 1.b Pre-ap lication meetings 3,884.00 Task 1 Subtotal: 11,328.00 2 - State and Federal Permittin 2.a Prepare DEP Submittal, supporting documentation, plans, reports, RAI 10,883.00 2.h Federal Permitting - USACE 10,403.00 Task 2 Subtotal: 21 2 6 00 3- Subconsuitant Earth Tech Environmental 3,488.00 Task 3 Subtotal 3 488.00 Total: 36 102.00 Summary Breakdown of Cost Estimate RATEIUNIT ' HOURS/QTj COST AMOUNT Principal Engineer 23140' 9,240.00 error Engineer 177 10i 1,770.00 Project Manager 160: 0; 0.00 ngineer 130� 66, 8,580.00 Senior Designer 1401 Oi 0.00 Designer 105; W 10,290.00 Senior Technician 103 22'; 2,266.00 Inspector 93 0' 0.00 Technician 83 1 249.00 Cadd Technician 107; 0. OAO Cie rical/Admini strativeAdmin/clerical 73 3: 219.00 Environmental Support 11 3488.31488.00 EXPENSE 0i 0.00 i Project Total: F:\Collier\200-Wiggins-Pass\Contract\2021-PermitMod\2021 Costs Wiggins Pass Dredging Permit Modifications 1 of 1 6 i 11OM Jeremy Sterk Earth Tech Environmental 10600 JDlea Avenue Bonita Springs, FL 34135 wvAvetefIorida.com PHONE 239-304-0030 ron Humiston & Moore Engineers TO Brett Moore EMAIL. bdm0humistonandmoore.com ADDRESS 5679 Strand Court Naples FL 34110 QUOTE NUMBER 1892 DATE June 7, 2021 VALID UNTIL. July 7, 2021 at 2:05PM ETE Proposal for Environmental Consulting Services Project: Wiggins Pass General environmental consulting for the Wiggins Pass project. The duration of this work is 180 days under Contract 18-7432 (Environmental Engineering). Thank you for the opportunity. Earth Tech Environmental, LLC (ETE) appreciates the opportunity to provide you with the following agreement for professional environmental services. Scope of professional Services: ETE Is proposing the following Scope of Services for this project; General Environmental Consulting associated with Permit Modifications (Timed, Not to Exceed): General consulting for environmental permitting support tasks. ETE will respond to agency requests for additional information. Information will be coordinated\provided to the project engineer. This Is a timed task and Is billed hourly as work Is completed. Hourly rate as approved In the environmental engineering contract: Environmental Specialist ® $109 per hour. 109.00 x 32 3,488.00 Total $3,488.00 OocuSign Envelope 10: 48AA2Ci`9-7EBA-4898-A562-21BE5QMOA SCHEDULE B-ATTACHMENT 1 RATE SCHEDULE }f y■ Principal $231 Senior Project Mana er $203 Project Manager $160 Senior Engineer $177 Engineer $130 Senior Inspector $126 Inspector $93 Senior Planner $150 Planner $120 Senior Designer $140 Designer $105 Environmental Specialist $120 Senior Environmental Specialist $167 Scientist/Geologist $115 Senior Scientist/Geologist $153 Marine Biolo ist/H dro Bolo ist $120 Senior Marine Biolo ist/14dro eolo ist $145 Senior GIS Specialist $155 GIS Specialist $115 Clerical/Administrative $73 Senior Technician $103 Technician $83 Surveyor and Mapper $125 CADD Technician $107 Survey Crew - 2 znan $145 Survey Crew - 3 man $180 Survey Crew - 4 man $215 Senior Architect $160 Architect $125 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all Inclusive. Hourly rates for additional categories required to provide particular project services shall be mutually agreed upon by the County and firm, in writing, on a project by project basis, as needed, and will be set forth in the Work Order agreed upon by the parties. ® Grant Funded: The above rates are for purposes of providing estimate(s), as required by the grantor agency. Page 2 of 3 First Amendment to Agreement # 18-7432-CZ Humiston & Moore Engineers, P.A. 0 Co Ter Comity Administrative services Department prm irermilt smices omsktn Direct Select Form Request Date Contract No. Proposal Cost Estimate C onstruction Cost Estimate 06/04/21 18-7432-CZ $36,500 N/A Requested By (Use name as it appears in Outlook): Division / Department: Andrew Miller Coastal Zone Management Administrative Agent (if different from Requestor): Library Category -.Coastal Eng vendor Name: Humiston & Moore Engineers Work Assignment Title: Permit Modification for Wiggins Pass Dredging Description of Requested Services: Professional Engineering and Permitting Services for obtaining a permit modification to Joint Coastal Permit JCP 0142538-18 JM to allow dredged sand to be placed from Florida Department of Environmental Protection (FDEP) monument R-17 to R-18. FDEP recommended we use H&M to expedite the processing of the modification which has been requested by Delnor-Wiggins State Park to allow sand to be placed on their eroded beach. Justification: ❑✓ Past experience with project (Select all that apply and explain ❑ Continuation of previous work assignment below) ❑ Unique qualifications ❑ Other Comments / Explanation of Direct Select: H&M is familiar with the current permit and was recommended by FDEP to expedite obtaining the permit modification. Requester: Andrew Miller Dig 'lily sign by Signature: MillerAndrew`Oae2n021.06.0909,5e28 Date: •DeoO' Digitally signed by Division Director: Amy Patterson _ Patterson —a Signature: Patterson_a Date, zo2i.osaoos:56sz Date: •0d'00' Procurement Director: Bi eiowCathe D`giralaalgnedw g BigeiottCatherina Signature: tine Date: 2021.06.1615:10:03 Date: .04w, \ PROFESSIONAL SERVICES AGREEMENT (FIXED TERM CONTINUING CONTRACT) 00 CCNA □ NON CCNA Contract# 18-7 432-CZ for Professional Services Library-Coastal Engineering Category THIS AGREEMENT is made and entered into this tt day of rcoctb , 20� by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida .(hereinafter referred to as the "COUNTY") and Humiston & Moore Engineers, P.A. ----------'"----'-----------------------' authorized to do business in the State of Florida, whose business address is _5 _6_7_9_S _tr _a _n _d _C_o_u _rt--'-, _N_a..__p_le_s,_, F_l_o _rid_a_34_1_1 _0 _______________ (hereinafter referred to as the "CONSUL TANT" and/or "CONTRACTOR"). WIT N ES S ETH: WHEREAS, the COUNTY desires to obtain the CONSULTANT's services expeditiously when a need arises in connection with a Collier County project; and 00 WHEREAS, Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, "CCNA", makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and 00 WHEREAS, the COUNTY has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional services on a fixed term basis as directed by the COUNTY for such projects and tasks as may be required from time to time by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. From time to time upon the written request or direction of the COUNTY as hereinafter provided, CONSULTANT shall provide to the COUNTY professional services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment or Change Order as hereafter provided. 1.2. CONSUL TANT acknowledges and agrees that services under this Agreement are to be requested by the COUNTY on an as-needed basis only, and COUNTY makes no representation or guarantee to CONSULANT that the COUNTY will utilize CONSUTLANT'S services exclusively or at all. Page 1 of33 PSA Fixed Term Co.ntinuing Contract 2017.009 Ver.I 1. 3 All Services to be performed by the CONSUL TANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule 6,. 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. [j] Work order assignments for CCNA contracts shall be made in accordance with the current Procurement Ordinance, as amended. 1.4. [i] (Multi-Award) SELECTION OF CONSULTANT FOR WORK ORDERS. All CONSULTANTS subject to this Agreement, including CONSUL TANT, shall be placed on a rotation list for professional service, as listed below. 1 .4.1. Professional Services Library Rotation a.Work assignments within each service category are awarded on a rotational basis by the Procurement Division. b.For each service category, the Procurement Service Division will place qualifying firms in the Professional Services Library in the order they are ranked, with the highest scoring firm placed in the first position in the rotation. c.As each work assignment is identified the next firm in the rotation will be offered the opportunity to negotiate that work assignment with the COUNTY's Contract Administrative Agent/Project Manager. d.Should a firm decline a work assignment, or be unable to reach a satisfactory fee negotiation with the COUNTY within a reasonable time frame, the COUNTY will contact the next firm on the list until the work assignment is successfully negotiated. e.Firms will have the option of rejecting one work assignment within each service category within a twelve (12) month period without penalty. A second work assignment rejection within any twelve (12) month period will cause the firm to be skipped in the rotation. A firm who rejects three (3) work assignments (or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12) month period may be removed from the service category. f.Firms wishing to reject a work assignment for any reason must complete a Work Assignment Rejection Notification Form. A copy of this completed form must be provided to the Procurement Division by the County's Contract Administrative Agent/Project Manager. g.Once a full rotation through all firms in a service category is complete, a method that attempts to impart an equitable distribution of work among selected firms will be based on prior dollars awarded; with the firm having received the least amount of dollars being considered for the next work assignment. Page 2 of33 PSA Fixed Term Continuing Contract 2017.009 Ver.I 1 .4.1.1 Professional Services Library -Direct Selection. For work assignments requiring unique experience or knowledge, including past experience on another phase of the project, the County's Contract Administrative Agent/Project Manager may formally request permission to forego the rotation and select a specific firm. This request will require the completion of a Work Assignment Direct Select Form, which requires the approval of both a Division Director and the Procurement Services Director. Firms that are directly selected for a work assignment as a result of this process shall be passed on their next scheduled turn in the rotation. 1.5. All Services must be authorized in writing by the COUNTY in the form of a Work Order. The CONSUL TANT shall not provide any Services to the COUNTY unless and to the extent they are required in a written Work Order. Any Services provided by CONSUL TANT without a written Work Order shall be at CONSUL TANT's own risk and the COUNTY shall have no liability for such Services. 1.6. As the COUNTY identifies certain Services it wishes CONSUL TANT to provide pursuant to the terms of this Agreement, the COUNTY 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. Upon execution of a Work Order as aforesaid, CONSUL TANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.7. It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by the COUNTY and that the COUNTY does not represent or guarantee to CONSUL TANT that any specific amount of Services will be requested or required of CONSUL TANT pursuant to this Agreement. 1.8. The CONSUL TANT shall have no authority to act as the agent of the COUNTY under this Agreement or any Work Order, or to obligate the COUNTY in any manner or way. 1.9. 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. 1.10. The CONSUL TANT 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 CONSUL TANT pursuant to this Agreement. 1.11. The CONSUL TANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. Page 3 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.I 0 1.12. The CONSULTANT designates Brett D. Moore, P.E., D.CE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. In each Work Order CONSUL TANT will designate a qualified licensed professional to serve as CONSUL TANT'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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT under the Work Order. CONSUL TANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSUL TANT without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.13. The CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSUL TANT to provide and perform services or work pursuant to the requirements of this Agreement, or any 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 the COUNTY. 1.14. The CONSUL TANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701 (2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 4 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver. I Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-57 46 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1.Keep and maintain public records required by the public agency to perform the service. 2.Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4.Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the COUNTY in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. 1.15. In the event of any conflicts in these requirements, the CONSUL TANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTY's approval of the design documents in no way relieves CONSUL TANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.16. 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 CONSUL TANT'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 Page 5 of33 PSA Fixed Term Continuing Contract 2017.009 Ver. I the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.17. The CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSUL TANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.18. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way -ROW, centerlines -CL, edge-of-pavement -EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through an Amendment or Change Order to a Work Order, CONSUL TANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set 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 the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. 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. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSUL TANT for such Additional Services and (ii) an admission by CONSUL TANT that such Work is not additional but rather a part of the Services originally required of CONSUL TANT under the subject Work Order. 2.2. If the COUNTY determines that a change in a Work Order is required because of the action taken by CONSULT ANT 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 the COUNTY of the emergency within forty-eight (48) hours from when CONSUL TANT knew or should have known of its occurrence. Failure to provide the forty eight (48) hour written notice noted above, waives CONSUL TANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. Page 6 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver. I ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSUL TANT 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; 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 COUNTY 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 CONSUL TANT as to the COUNTY'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 CONSUL TANT by placing at CONSULTANT's disposal all available information in the COUNTY'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 CONSUL TANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSUL TANT under the subject Work Order; and e.Provide notice to CONSUL TANT of any deficiencies or defects discovered by the COUNTY with respect to the Services to be rendered by CONSUL TANT hereunder. ARTICLE FOUR 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 the COUNTY. 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. Page 7 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.I 4.2. Should CONSUL TANT be obstructed or delayed in the prosecution or complet ion 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 COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSUL TANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSUL TANT 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, ineff iciency, suspension or delay in the commencement or progress of CONSULTANT's Services from any cause whatsoever, including those for which COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to 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 COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSUL TANT 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 COUNTY's satisfaction that the CONSUL TANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSUL TANT to continue performing Work under any particular Work Order or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSUL TANT for delay or any other damages hereunder. 4.6. The period of service shall be from the date of execution of this Agreement through five (_g_) year(s) from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. The COUNTY may, at its discretion and with the consent of the CONSULTANT, renew the Agreement under all of the terms and conditions contained in this Agreement for one (_1_) additional one (_1 _) year(s) periods. The COUNTY shall give the CONSULTANT written notice of the COUNTY's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 4.7. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the CONSULTANT written notice of the COUNTY's intention to extend the Agreement term prior to the end of the Agreement term then in effect. Page 8 of33 PSA Fixed Term Continuing Contract 2017.009 Ver.I ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for Services rendered hereunder by CONSUL TANT shall be as prescribed in each Work Order. The Project Manager, or designee, reserves the right to request proposals from this agreement utilizing any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSUL TANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, shall apply only to projects procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. [j] Grant Funded: The hourly rates as set forth and identified in Schedule B, Attachment 1, Rate Schedule, which is attached hereto, are for purposes of providing estimate(s), as required by the granter agency. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of each Work Order, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSUL TANT. The CONSUL TANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. The CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use with respect to the applicable authorized project or task. The CONSUL TANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSUL TANT Page 9 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.I consents to the COUNTY's use of the Project Documents to complete the subject project or task following CONSUL TANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. The CONSUL TANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. · The CONSUL TANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSUL TANT for a minimum of five (5) years from (a) the date of termination this Agreement or (b) the date of the Work Order is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSUL TANT shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSUL TANT 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. This section does not pertain to any incident arising from the sole negligence of Collier County. 8.1.1. The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSUL TANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSUL TANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 8.1.2 To the extent that the Agreement that the work pertains to is a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSUL TANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Section 725.08(1) & (2), Florida Statutes. Page 10 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.! ARTICLE NINE INSURANCE 9.1. The CONSUL TANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE C 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 CONSUL TANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULT ANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSUL TANT shall be primary to any insurance or self insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies obtained by CONSUL TANT shall not apply to any insurance or self-insurance program carried by COUNTY. 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 construed in accordance with the laws of the State of Florida. 9.4. The CONSUL TANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSUL TANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. Page 11 of33 PSA Fixed Term Continuing Contract 2017.009 Ver.! ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSUL TANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSUL TANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULT ANT 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. CONSUL TANT 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 the COUNTY's prior written consent. 10.3. The CONSUL TANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSUL TANT 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 COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY 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 CONSUL TANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. The CONSUL TANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULT ANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. The CONSUL TANT'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 the COUNTY 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 CONSUL TANT in its final invoice for the subject Work Order as Page 12 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver. I unsettled. Neither the acceptance of CONSULTANT's Services nor payment by the COUNTY shall be deemed to be a waiver of any of COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. This Agreement is a fixed term contract for the professional services of CONSUL TANT. 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. The CONSUL TANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY 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) CONSUL TANT's failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSUL TANT's failure to properly and timely perform the Servic es to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSUL TANT or by any of CONSUL TANT's principals, officers or directors, or (d) CONSUL TANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSUL TANT'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 COUNTY may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSUL TANT 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 the COUNTY otherwise was not entitled to the remedy against CONSUL TANT 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 CONSUL TANT's remedies against the COUNTY 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), the COUNTY 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 the COUNTY shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, together with any retain age withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on Services not required to be performed. CONSUL TANT must mitigate all such costs to the greatest extent reasonably possible. Page 13 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.I 12.5. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSUL TANT's possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6. The COUNTY shall have the power to suspend all or any portions of the Services to be provided by CONSULTANT hereunder upon giving CONSUL TANT 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) the COUNTY fails to make any undisputed payment to CONSUL TANT 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) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSUL TANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving the COUNTY a second fourteen (14) days written notice of CONSUL TANT's intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSUL TANT 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 the COUNTY of CONSULTANT's intent to terminate that Work Order. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSUL TANT's written notice, CONSUL TANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the subject Work Order and recover from the COUNTY payment for Services performed through the termination date, but in no event shall CONSUL TANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. The 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 CONSUL TANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSUL TANT, 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. [j] CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSUL TANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule D, certifying that wage rates and other factual unit costs supporting the compensation for CONSUL TANT'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 Page 14 of33 PSA Fixed Tenn Continuing Contract 2017 .009 Ver. I additions thereto shall be adjusted to exciude any significant sums by which the COUNTY 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. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSUL TANT 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. CONSUL TANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. 15.2. In the event that the need for changes to the Services under a Work Order may arise during the course of the work, the associated tasks may be modified at the request of the Project Manager or his designee. Written authorization from the Project Manager will be required in accordance with the Procurement Ordinance, as amended, and Procedures. For any changes that exceed an existing Work Order amount, the Work Order shall be modified to reflect the increase prior to any related Services being performed. 15.3. All duly executed modifications to Work Orders (including all written modifications or Changes thereto) are hereby incorporated into and made a part of this Agreement by reference. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSUL TANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Director: Sandra Herrera -----,,...---,--=-,-...,.....,.----------Division Name: Procurement Services Division Address: 3295 Tamiami Trail East Naples, Florida 34112-4901 Administrative Agent/PM: Evelyn Colon Telephone: (239) 252-2667 E-Mail(s):Evelyn. Colon@colliercountyfl.gov Page 15 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.! 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSUL TANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSUL TANT's address of record: Company Name: Humiston & Moore Engineers, P.A. Address: 5679 Strand Court Naples, Florida 34110 Authorized Agent: Brett D. Moore, President Attention Name & Title: Telephone: (239)594-2021 Ext. 101 E�Mail(s): CF@humistonandmoore.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. The CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSUL TANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Page 16 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.! 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER Schedule B RATE SCHEDULE Schedule C INSURANCE Schedule D CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule E Other: Federal Contract Provisions and Assurances Solicitation# 18-7432-CZ , including all Attachment(s), Exhibit(s) and Addendum/ Consultant's Proposal 17.10. 00 Grant Funded Projects: In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSUL TANT at the COUNTY's discretion. 17 .11. Applicability. Sections corresponding to any checked box ( • ) expressly apply to the terms of this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. The CONSUL TANT warrants that CONSUL TANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSUL TANT, to solicit or secure this Agreement and that CONSUL TANT 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. CZ) At the time this Agreement is executed, CONSUL TANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. The CONSUL TANT's compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. Page 17 of33 PSA Fixed Tenn Continuing Contract 2017 .009 Ver. I The CONSUL TANT's compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSUL TANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.287 .017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSUL TANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSUL TANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 18 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.! ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSUL TANT 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. (signature page to follow) Page 19 of33 PSA Fixed Term Continuing Contract 2017.009 Ver.I IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agree ment the day and year first written above. ATTEST: Attest as t,crChainnan's · signature o·n·Jy: ! '· ·" •• A pr nd Legality: �L Attorney Consultant's Witnesses: � �. � Witness Ceh� t-1'\ • �e.:\\.D-JC;>1 c...�o Name and Title �""""' '�""' � ��e... €�,'l"\e.� Witness 1 Rahe..c:::\:: Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: -.!UJC-��c....-:....,' ..... �q...._-�_·�-"---4 __ Burt L. Saunders ---------, Chairman Consultant: Humiston & Moore Engineers, P.A. �: �-� '6'f""e...:¼± 'Q N"\.oc,-re. ?.E., v.c.e:.I > Name and Title ,......--") . r--r e...s \ d-e...n--\- Page 20 of33 PSA r-ixcd Term Continuing Contract 2017 .009 Ver. lr;;r; "® SCHEDULE A WORK ORDER Contract 00-0000 ''Name of Contract" Contract Expiration Date: ______ , 20 __ This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated , 20 __ which is attached hereto and made a part of this Wor k Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to: Name of Firm Scope of Work: As detailed in the attac hed proposal and the following: *Task I*Task II*Task llI 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 ex tends 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 the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): □Negotiated Lump Sum (NLS) OLump Sum Plus Reimbursable Costs (LS+RC) OTime & Material (T &M) (established hourly rate -Schedule A) Ocost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I $ Task II $ Task Ill $ TOTAL FEE $ PREPARED BY: Name and Title Date APPROVED BY: (Dept Name) , Division Director Date APPROVED BY: type name, Department Head 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: (Firm Name) Name & Title of Authorized Officer Date Page 21 of33 PSA Fixed Term Continuing Contract 2017.009 Ver.! SCHEDULE B BASIS OF COMPENST ATION 1.SERVICES B.1.1. As the COUNTY identifies certain Services it wishes CONSUL TANT to provide pursuant to the terms of this Agreement, the COUNTY shall request a proposal from CONSUL TANT 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 issued which incorporates the terms of the understanding reached by the parties with respect to such Services. B.1.1.1. The COUNTY may request that CONSUL TANT in writing advise the COUNTY of (i)the estimated time of CONSULT ANT's personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to the COUNTY for the reimbursable expenses applicable to the contemplated Services to be performed by CONSUL TANT under the proposed Work Order. CONSUL TANT shall promptly supply such estimate to the COUNTY based on CONSULTANT's good faith analysis. B.1.2. All Services to be performed by CONSUL TANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in ·a Work Order issued pursuant to the procedures described herein. Reference to the term Work Order herein, with respect to authorization of Services, includes all written Work Order Modifications or Amendments. B.1.3. All Services must be authorized in writing by the COUNTY in the form of a Work Order. CONSULTANT shall not provide any Services to the COUNTY unless and to the extent they are required in a written Work Order. Any Services provided by CONSUL TANT without a written Work Order shall be at CONSUL TANT's own risk and the COUNTY shall have no liability for such Services. B.1.4. Upon issuance 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 Work Order. 2.COMPENSATION TO CONSULTANT B.2.1. Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSUL TANT's invoice approved by the COUNTY. B.2.2. 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 "!aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 22 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.! B.2.3. For the Services provided for in this Agreement, the COUNTY agrees to make payments to CONSUL TANT based upon CONSUL TANT's Direct Labor Costs and Reimbursable Expenses or as a Lump Sum. B.2.4. [I] Time and Material Fees: Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSUL TANT's personnel, with respect to this Agreement, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSUL TANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.4.1. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1 below. There shall be no overtime pay on Additional Services without the COU NTY's prior written approval. B.2.4.2. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSUL TANT has completed such task as of that particular monthly billing. B.2.5. [j] Lump Sum Fees: The .fees noted in the Work Order shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Services . CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the status, in terms of the total work effort estimated to be required for the completion of the Services authorized under the Work Order and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. There shall be no overtime pay without the COUNTY's prior written approval. B.2.6. For Additional Services provided pursuant to Article 2 of the Agreement, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3 below. There shall be no overtime pay on Services or Additional Services without COUNTY's prior written approval. 8.2.7. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSUL TANT for a particular Work Order or Additional Services, CONSUL TANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. Page 23 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.I 0 B.2.8. The CONSULTANT agrees to furnish to the COUNTY, after the end of each calendar month, or as specified in the Work Order, statement of charges for the Services performed and rendered by CONSUL TANT during that time period, and for any the COUNTY authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSUL TANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by the COUNTY. Notwithstanding anything herein to the contrary, the CONSUL TANT shall submit no more than one (1) invoice per month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in a form and manner required by the COUNTY. B.2.9. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSUL TANT for correction. Invoices shall be submitted on CONSUL TANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.2.10. Notwithstanding anything in the Agreement to the contrary, CONSUL TANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULT ANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3.REIMBURSABLE EXPENSES B.3.1. Payments for Additional Services of CONSUL TANT as defined in Section 2 hereinabove and for reim bursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.2. The CONSUL TANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. B.3.3. The COUNTY agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSUL TANT in connection with CONSUL TANT's 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 in this Agreement. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as stated below. 5.3.3.1. Cost 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 COUNTY's review and approval. 5.3.3.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with Section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded Page 24 of33 PSA Fixed Term Continuing Contract 2017.009 Ver.I 5.3.3.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. 5.3.3.4. Permit Fees required by the Project. 5.3.3.5. Expense of models for the COUNTY's use. 5.3.3.6. Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.3.3.7. Other items on request and approved in writing by the COUNTY. 5.3.4. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSUL TANT in the performance of the Services. 5.3.5. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. Page 25 of33 PSA Fixed Term Continuing Contract 2017.009 Ver. I 0 SCHEDULE B -ATTACHMENT 1 RA TE SCHEDULE Title Principal Senior Proiect Manaaer Proiect Manaoer Senior Enaineer Enqineer Senior Inspector Inspector Senior Planner Planner Senior Desioner Desianer Environmental Specialist Senior Environmental Specialist Scientist/Geoloaist Senior Scientist/Geoloqist Marine Bioloaist/Hvdroaeoloaist Senior Marine Bioloaist/Hvdroaeoloaist Senior GIS Specialist GIS Specialist Clerical/Administrative Senior Technician Technician Survevor and Mapper CADD Technician Survev Crew - 2 man Survey Crew - 3 man Survev Crew - 4 man Senior Architect Architect Hourly Bate' ,_ ' � $238 $201 $165 $175 $136 $117 $96 $164 $130 $128 $109 $120 $156 $115 $156 $133 $169 $149 $114 $73 $102 $83 $142 $95 $152 $185 $218 $177 $148 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Hourly rates for additional categories required to provide particular .project services shall be mutually agreed upon by the County and firm, in writing, on a project by project basis, as needed, and will be set forth in the Work Order agreed upon by the parties. [j] Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 26 of33 PSA Fixed Term Continuing Contract 2017,009 Ver.2 DO NOT USE SEE AMEND#1 AT END SCHEDULE C 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, CONSUL TANT 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 CONSUL TANT's sole responsibility. 2.The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3.Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4.Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSUL TANT evidencing the fact that CONSUL TANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSUL TANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSUL TANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5.All insurance coverages of the CONSUL TANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6.The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7.CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 8.Should at any time the CONSUL TANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSUL TANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, Page 27 of33 PSA Fixed Term Continuing Contract 2017.009 Ver.! 0 the COUNTY has the right to offset these costs from any amount due CONSUL TANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9.If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSUL TANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSUL TANT and the COUNTY may terminate the Agreement for cause. 10.WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? Ii] Yes D No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULT ANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a.Worker's Compensation -Florida Statutory Requirements b.Employers' Liability -The coverage must include Employers' Liability with aminimum limit of $ 1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11.United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? [j) Yes O No 12.Maritime Coverag e (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? Ii] Yes D No 13.COMMERCIAL GENERAL LIABILITY. Required by this Agreement? Ii] Yes D No A.Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSUL TANT. 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 Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be Page 28 of33 PSA Fixed Tenn Continuing Contract 2017 .009 Ver. I maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate. B.The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSUL TANT. Deductibles or self-insured retentions carried by the CONSULT ANT shall be subject to the approval of the Risk Management Director or his/her designee. 14.Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15.Watercraft Liability coverage shall be carried by the CONSUL TANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph ( 1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? Ii] Yes D No 16.Aircraft Liability coverage shall be carried by the CONSUL TANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? D Yes Ii] No 17.AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? Ii] Yes D No Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. 18.TECHNOLOGY ERRORS and OMISSIONS INSURANCE. Required by this Agreement? D Yes Ii] No Page 29 of33 PSA Fixed Term Continuing Contract 2017.009 Ver. I 8 Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ ______ Per Occurrence. 19.CYBER INSURANCE. Required by this Agreement? D Yes [j] No Cyber Insurance: Coverage shall have minimum limits of $ ______ Per Occurrence. 20.UMBRELLA LIABILITY. A.Umbrella Liability may be maintained as part of the liability insurance of the CONSUL TANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B.The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21.PROFES SIONAL LIABILITY INSURANCE. Required by this Agreement? [j] Yes D No A.Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSUL TANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B.Any deductible applicable to any claim shall be the sole responsibility of the CONSUL TANT. Deductible amounts are subject to the approval of the COUNTY. C.The CONSUL TANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D.The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSUL TANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSUL TANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSUL TANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. Page 30 of33 PSA Fixed Term Continuing Contract 2017.009 Ver.! 22.VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSUL TANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed docu ments in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23.PROJECT PROFESSIONAL LIABILITY. A.If the COUNTY notifies CONSUL TANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with THE COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSUL TANT 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). CONSUL TANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSUL TANT's self-insured retention and the risk of uninsured or underinsured consultants. B.The CONSUL TANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1.The date the professional liability insurance renews. 2.Current policy limits. 3.Current deductibles/self-insured retention. 4.Current underwriter. 5.Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6.Cost of professional insurance as a percent of revenue. 7.Affirmation that the design firm will complete a timely project errors and omissions application. C.If the COUNTY elects to purchase a project professional liability policy, CONSUL TANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSUL TANT and its professional subconsultants as named insureds. END OF SCHEDULE C Page 31 of33 PSA Fixed Tenn Continuing Contract 2017.009 Ver.I ) ) D this schedule is applicable SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Humiston & Moore Engineers, P.A. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSUL TANT to be provided under the Professional Services Agreement, concerning "Professional Services Library-Coastal Engineering Category (#18-7432-CZ) "project is accurate, complete and current as of the time of contracting. c/ BY: ___, _____________ _ � re... ""r-\-- -0. � T"� TITLE: ::f""e...�d.�-\ DATE: ____ ,_,....;2..:=�....:....�....;-i.'--0�2..�o ____ _ Page 32 of33 PSA Fixed Term Continuing Contract 2017 .009 Ver. I SCHEDULE E Other: Federal Contract Provisions and Assurances (Description) Ii] following this page (pages _1_ through�) D this schedule is not applicable Page 33 of33 PSA Fixed Term Continuing Contract 2017 .009 Ver. I EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: a 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the granter agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. OHS Seal, Logo, and Flags: The contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT 1-1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-quideline-cpg proqram Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4)Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5)Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6)Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F .R. § 60-1.4. During the performance of this contract, the contractor agrees as follows: I.The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II.The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Ill. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV.The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V.The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI.The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII.In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII.The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $1 O for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3)Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federalcontract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES ST ATE PROVISIONS Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Discriminatory Vendor List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Record Retention -A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Conflict of Interest: This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Contractor's company or its affiliates. In order to comply with Florida Auditor General report 201 4-064 regarding conflicts of interest and to be consistent with Section 287, 057(17)(a)(I ), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the FDEP, County, permittee and engineering consultant. Diversity -All contracting and subcontracting opportunities afforded by this solicitation/contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915 Applicable Laws -The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. Local Preference -Pursuant to Section 255.0991, F .S. local vendor preference is not applicable Scrutinized Companies -Pursuant Section 215.473, F.S. the Local Sponsor subcontractor certifies that it is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and/or Scrutinized Companies with Activities in Israel List (eff. 10.1.2016). Created Pursuant to Subsection 287.135(5), F.S., the subcontractor agrees the County may immediately terminate this Agreement for cause subcontractor is found to have submitted a false certification or if the subcontractor is placed on the Scrutinized Companies list during the term of the Agreement. EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES PAGE LEFT INTENTIALLY BLANK EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1.Acknowledgement of Grant Terms and Conditions 2.Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 3.Certification regarding Lobbying 4.Anticipated DBE, M/WBE or VETERAN Participation Statement 5.Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6.Conflict of Interest 7.Scrutinized Companies Certification EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to Include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (lil) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name ?L&__ Authorized Signature---+�--!'--------------------- EXHIBIT I -10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1)The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2)Where the Sub-recipient's subcontractor is unable to certify to the above statement, the prospectivecontract shall attach an explanation to this form. CONTRACTOR 1--t�� rn.��re By : SigQ# . . ____,, @>l'"e.-::\:::-\-D • f'i\oa,€., f.:ic_Name and Title ' Street Address City, State, Zip > DUNS Number "6Lt5 3<2S C\O'::i Sub-Recipient Name: Collier County Board of County Commissioners EXHIBIT I - 11 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require th!! PRIME to either proivde a revised statement or provide source documentation that valldat!ls a status. A, Pill ME VEI\IDOR/CQNTRACT()R INFORMATION ' '• PRIME NAME PRIME FEID NUMBER I CONTRACT DOltARAMOUNT \,\v-.,.,,..,,s'\"ot-> t 1..,..., oo.-e,, tl"'<;�"e.e,s, t..oS· 02...b 1::t.:,i; 7 ISTHE PRIME A FLORIDA•CERTlflEO DIS/lOVAllTAGED, VETERAN Y @ IS THE ACTil/liY Of THIS CONTRACT ... MINORliY OR WOMEN BUSIIIESS ENTERPRISE? DBE? y :w CONST RUCTION ? y @ (DBE/M8E/W8E) OR HAVE A SMAllOISADVANTAGED 8U51tltSS 8A CERTIFICATION FROM THESMAllBUSINESS MBE? y (!')CONSULTATION? 6)N ADMINISTRATION? A SERVICE OISAallD VETERAN? WBE? y ® OTHER? (j) N SOB 8A? y N IS THIS SUBMISSION A Rf.VISION? y [NJ If YES, REVISION NUMBER B, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS AOISADVANTAGE[) MINORITY, WOMEN-OWNED/SMALL BUSINESS CONCERN. OR SERVICE DISABLED VEl'ERAN, PRiME IS TO CbMPLETI; THIS. NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER n'PE OF WORK OR ETHNICln' CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIAliY (see Below) DOLLAR AMOUNT DOLLARS TOTALS: C.SECTION TO BE COMPLETED BY PRIME V�NDOR/CQNTHACTOR NAME Of SUBMITTER OATE TITLE OF SUBMITTER \.\ I.Arv-,. 1 <',.·-\-en._ I i;\ \.� \ 20\.q ?n!si c\el'\-\-� N"\,00\'"e. \:.('.0,, EMAIL ADDRESS OF PRIME jSUBMITTER} HLEPHONE NUMBER FAX NUMBER �dr<"\@hv,:f"'\\ !>tor-(1.n,l..-,..oure. l,Orq 2};,'i·t;;C\l\.-202\ ;.,.-1c2 '2..?<:t -sq L\--2.-01.t; NOTE: This information \s used to track and report antic1pated DBE or MBE participation In federally-funded contracts, Tha anticipated OBE or MBE amount Is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solkitalion. 11 and when awarded a count;> contract, the prime wlll be asked to update the information for the grant compliance files. ,;,:c,J;;,�;; ;'ji irHNICIJ'l:ti.;;,; �WfJj;%c(ii4'ir Black America 11A Hispanlc American HA Native American NA sub<:ont. ASian American 5AA ASlan-Paciflc American APA Non-Minorit;> women NMW other. not of any other grQUp listl!II 0 ; D.SECTION 19 BE COMPLETED BY COLLIER COUNTY. DEPARTMENT NAME COUIER CONTRACT fl IFB/MP or PO{REO) GRANT PROGRAM/CONTRAC.1' ACCEPTED BY: DATE EXHIBIT I· 12 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES cowrn {:CtUNf\' GllN!TCO,',\PllANCEFOhM �ID OPPORTUNITY UST FOR COMMODlm:s AND CONTRACTUAL SERVICES Mm PROFESSIONAL CONSULTANT SERVICES It is !he por1cy of Co/lfu coun_ty that isadvontag2d busirie,sses and mfnor,'ty YMdors, as definro in the c e. o Federal l!egufation� (CFi!} or Florida Statutes (FS , must'hoYe the O. PO/ttmi ti> . 'artici ate chi:ontn,ciswiih ·ederof 011!1/orstate. ionrassJsfonte. Prime Contractor/Prime o:>nsultant:. Address'alid Phone Number. Procurel)lant tiumber/Amerti�ment r�umoor: Hv.~,s.±on � rcv::ore. '€:."'{"\%'nee.rs 6k,1C\ �:rtro.nA C..\-. �\'l.f\e.<b f'\., '2>4\\0 I \�-,\..\31.,4 CZ.. I The !isl below is intended to be a listing of firms that are,'or al tempting to, pjrtkipate on the project numb·ered abo',e. 1'lv.l lirt must· inciude the ffrn1 bidding orquoting ar prime, as w,ill as subs and lUP!Jllers quoting for partkipation. · Prime contractors and consultants must provide information for .iiuniberH, .2, 3, and 4; and, shoi.Jld pro•1ide any information th•.y ha•�e for iiuri1bers s, 6, 7, and 3, 1his form muit be submitted with the bid package. · · 1, Federal Tax 10 rlumber: 2. Finn �lame: 3, Phone Number. 4. Address 5, Year firm Established: L federal Tax 1o·r1umlier: 2, FimHlame: 3. Phone Number: 4·_ Address :S. Year firm Establlshed: 1. Federalta:<IDNu·mber: 2. Firm Name: 5. Phone Number. 4. Address s. Year firm Established: 1. Fed>aral Tax ID Number: ? .. firm Name: 3. Phone Number. 4. Address 5. Y.ear Firm Established: 6.8 7.E] 6.El 7.B 6.E] 7.EJ EXHIBIT I • 13 DBE Nan-DBE subcontractor -subcomultant DBE t-lOO•OBE subcontr.actor subconsuita�t DBE Non-DllE subcontractor . su.bco.nsultant DBE Non-DBE . �ubcontractor subconsultant n. AnnualGr_oss l\!i<Calpts ten than � :i million iietween $1•5 million ilet•11een $ 5·10niilli_on Between$ llHS million r;.iorathan $15 mUllon 8. Annual <Jross ll�eipts· �"'"""" ""'" Between$ 1·5 million Between$ HO n1imoo Between $10-iS mi!Hcn More tllan $15 mlillon 8. Annual GrossR.celpt� �, ... '""'' -� .. l!etween $ 1'5 milllon eefaeen $ s-10 millfo� Bet'11een $ 10-15 million Moreth)ui $15 million u. Annual Gross R�;tlpts. ��-"'"'' "",;� iietween s 1-s million lie't•i,e._en s s-10 million Between$ ·10:-15 mllllon More than $ 1.s million EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor) certifies, to the best of his or her knowledge, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any personfor influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federalcontract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for allsubawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq,. apply to this certification and disclosure, if any. Contractor (�me.�a:-:�-----Signature of Contractor's Authorized Official £->re,,-.\-± U-t::<::::i00,;-€. (1:e · '9("'e.s, des"\.-\Name and Title of Contractor's Authorized Official Date EXHIBIT 1-14 (;� 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES t'n·-'14::,'2.-C"L Collier County Solicitation No. ·CONFLICT OF INTEREST I I, Bre..++ IJ -\'t\O O�-f:.1 '\J. S· hereby certify that to the best of my knowledge, neither I normy spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest In this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household ; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which l now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or i� affect� by, the conduct of this matter. 12, re ¾:'I T.) . ""'OD,.-� I 'y. \:. . ;at�-Name S natur Position Date' ' Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary Ltse of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-Issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest Investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. EXHIBIT I - 15 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Scrutinized Com anies Certification E'.:::it-e.A--\- u. �oore.1 '?,est d.tt\-\ The undersigned \.\V1...--r-.\:'::rr:P'n t 'ft'\oo'('"e E.--.�t\:e,e.c; (Vendor/ Contractor) certifies, to the best of hisor her knowledge and belief, that it is not listed on the •Scrutinized Companies with Activlties in Sudan List,•Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and/or•Scrutinized Companies with Activities in Israel List (eff. 10.1.2016), pursuant to Section 215.473, F.S. The subcontractor further agrees the County may immediately terminate this contract for cause if the vendor/contractor is found to have submitted a false certification or is placed on the Scrutinized Companies list during the term of the contract. -�-�-r��---' �·--�---_-___ Tltie --+� ____________ Signature of Vendor/Contractor's Authorized Official ___ F::>_J;--c, \-=S"--t\-?-o-'"""'. _,_\9-.-__ Date EXHIBIT I - 16 0 A�D® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 01/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WA IVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karen Brinkley NAME: Iron Ridge Insurance iA�gNrfo Ext\: (800) 775-8526 I rt}�,Nol: (239) 288-7544 4971 Royal Gulf Circle E-MAIL kbrinkley@ironridgeinsurance.com ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# Fort Myers FL 33966 INSURER A: Phoenix Insurance Co 25623 INSURED INSURER B: The Travelers Indemnity Company 25658 Humiston & Moore Engineers PA INSURER C: Travelers Property Casualty Co of America 25674 5679 Strand Court INSURER D: Liberty Insurance Underwriters, Inc 19917 INSURER E: Naples FL 34110 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2011304984 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICYEFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DDIYYYY) (MM/DDIYYYY) B C D X COMMERCIAL GENERAL LIABILITY � � CLAIMS-MADE [8] OCCUR � � GEN'L AGGREGATE LIMIT APPLIES PER: Fl [8] PRO-POLICY JECT OTHER: AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY -- □Loe SCHEDULED AUTOS x HIRED X NON-OWNED -AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB � OCCUR EXCESS LIAB CLAIMS-MADE DED I XI RETENTION s 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability y 680-2P597690-20-47 02/06/2020 02/06/2021 y BA-6N650777-19 04/28/2019 04/28/2020 CUP-2P598035-20-47 02/06/2020 02/06/2021 N/A AEXNYABSBMJ001 04/16/2019 04/16/2020 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract #18-7 432-CZ EACH OCCURRENCE DAMAGE Tu RENTt=D PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG fE��;;�t�INGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accfdent) EACH OCCURRENCE AGGREGATE I PER I STATUTE I OTH-ER E.L. EACH ACCIDENT E.L. DISEASE· EA EMPLOYEE E.L. DISEASE -POLICY LIMIT Per Claim Aggregate Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government Col lier County $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ included as an additional Insured under the captioned Commercial General Llablllt and Automobile Llabllltv. Policies on a pirimary and non-contributory basis if and to tlie extent regulred by written contract CERTIFICATE HOLDER CANCELLATION 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 $2,000,000 $2,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners Collier County Florida ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Ta miami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 ,;-/� �i;;/,JL�. I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORD" CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) �2/13/2020 ,...---.-, ATHE TEC-01 AEICHORN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFF IRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Anderson Insurance Associates, Inc. 3491 Shelby Ray Court Charleston, SC 29414 INSURED Athena Technologies, Inc 1293 Graham Farm Road Mc Clellanville, SC 29458 COVERAGES CERTIFICATE NUMBER· 2�iji�cT Karla Hartin FlJg�Jo, Ext): (843) 725-4931 131 itDAJ�ss: khartin@aiasc.com INSURER/SI AFFORDING COVERA GE INSURER A : Scottsdale Insurance Co. INSURER B: Auto-Owners Insurance INsuRERc ,National Casualtv Comoanv I FA X (AIC,No): INSURER D: Water Qualitv Insurance Svndicate INSURER E: INSURER F: REVISION NUMBER· NA IC# 41297 18988 11991 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 A B A C D A TYPE OF INSURA NCE X COMMERCIA L GENERA L LIA BILITY -0 CLAIMS-MADE [K] OCCUR t--- - �'L AGGREGATE LIMIT APPLIES PER: POLICY □ mer □ LOC OTHER: Contractors Pollution - $5M A UTOMOBILE LIA BILITY X ANY AUTO f--OWNED -SCHEDULED f--AUTOS ONLY -AUTOS f--�lfT�S ONLY -NON-OWNED AUTOS ONLY UMBRELLA LIA B X EXCESS LIA B MOCCUR CLAIMS-MADE OED I X I RETENT ION $ 0 WORKERS COMPENSATION A ND EMPLOYERS' LIA BILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [ill OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Watercraft Pollution Professional Liabili ADDL INSD N/A SUBR POLICY NUMBER /OLICY EFF POLICY EXP LIMITS wvn MMIDD/YYYYI IMM/DnfYYYYI EACH OCCURRENCE $ 5,000,000 VRS 0003941 6/1/2019 6/1/2020 DAMAGE TO RENTED PREMISES /Ea occurrence) $ 100,000 MED EXP (Anv one person) $ 5,000 PERSONAL & ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS -COMP/OP AGG $ 5,000,000 $ COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ 5234344500 6/1/2019 6/1/2020 BODILY INJURY (Per person) s BODILY INJURY (Per accident) $ f�OPERTY t?AMAGEer accident $ $ EACH OCCURRENCE $ 5,000,000 VES0002775 6/1/2019 6/1/2020 AGGREGATE $ 5,000,000 $ I PER I STATUTE I OT H-ER WCC 332960A 6/1/2019 6/1/2020 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.l. DISEASE -POLICY LIMIT $ 1,000,000 53-82897 6/1/2019 6/1/2020 Watercraft Pollution 1,000,000 VRS 0003941 6/1/2019 6/1/2020 Professional Liab 1,000,000 DESCRIPTION OF OPERA TIONS I LOCA TIONS/ VEHICLES (ACORD 101, A dditional Remarks Schedule, may be attached if more space is required) For services provided in association with Contract 18-7432-CZ, or for any and all work performed on behalf of Collier County CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Building C-2 Naples, FL 34112 A UTHORIZED REPRESENTA TIVE �I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A THETEC-01 AEICHORN ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) �2/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Anderson Insurance Associates, Inc. 3491 Shelby Ray Court Charleston, SC 29414 INSURED Athena Te chnologies, Inc 1293 Graham Farm Road Mc Clellanville, SC 29458 COVERAGES CERTIFICATE NUMBER· �2ij!�cT Karla Hartin r.,tJg,NJo, Ext): (843) 725-4931 131 i�DAJ�ss: khartin@aiasc.com INSURERISl AFFORDING COVERAGE INSURER A ,Scottsdale Insurance Co. INSURER B: Auto-Owners Insurance INSURER c: National Casualtv Comoanv I FAX (A/C, No): INSURER D: Water Qualitv Insurance Svndicate INSURER E: INSURER F: REVISION NUMBER· NAIC# 41297 18988 11991 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 A B A C D A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY � CLAIMS-MADE 00 OCCUR � �GEN'L AGGREGATE LIMIT APPLIES PER: � POLICY □ �r8f □ LOC OTHER: Contractors Pollution - $5M �TOMOBJLE LIABILITY X ANY AUTO -Ov\/NED SCHEDULED �AUTOS ONLY -AUTOS -�lf-fd'soNLY -NON-Ov\/NED AUTOS ONLY UMBRELLA LIAB -X EXCESS LIAB �OCCUR CLAIMS-MADE OED I X I RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE CE] OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Watercraft Pollution Professional Liabili ADDL INSD N/A SUBR POLICY NUMBER ,�sgg�, ,�Sfrl��I WVD VRS0003941 6/1/2019 6/1/2020 5234344500 6/1/2019 6/1/2020 VES0002775 6/1/2019 6/1/2020 WCC332960A 6/1/2019 6/1/2020 53-82897 6/1/2019 6/1/2020 VRS0003941 6/1/2019 6/1/2020 LIMITS EACH OCCURRENCE ��r(l�H9E��,;1ence\ MED EXP /Anv one oerson\ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG i§��t?NGLE LIMIT BODILY INJURY /Per nerson\ $ $ $ $ $ $ $ $ $ BODILY INJURY /Per accident\ $ F�9�tJd\it�AMAGE $ $ EACH OCCURRENCE $ AGGREGATE $ $ I PER I STATUTE I OTH-ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.l. DISEASE -POLICY LIMIT $ Watercraft Pollution Professional Liab 5,000,000 100,000 5,000 5,000,000 5,000,000 5,000,000 1,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERA TIO NS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Humiston & Moore Engineers THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5679 Strand Court Naples, FL 34110 AUTHORIZED REPRESENTATIVE I � ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF COMMERCIAL MARINE LIABILITY INSURANCE PRODUCER: Gallagher Charter Lakes THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 3940 Peninsular Drive SE, Ste 100 COVERAGE AFFORDED BY THE POLICIES BELOW. Grand Rapids, MI 49546-6107 INSURED: Athena Technologies, Inc COMPANY A AFFORDING COVERAGE: John Freeze Great American Insurance Group Lawrence McClellan III PO Box 68 COMPANY B AFFORDING COVERAGE: Mc Clellanville SC 29458 COVERAGES: TIIlS IS TO CERTIFY THAT TI-IE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR O11-IER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. BY ISSUANCE OF THIS ENDORSEMENT, TI-IE COMPANY DOES NOT WAIVE ITS RIGHT OF SUBROGATION. TI-IE COVERAGE AFFORDED BY THIS ENDORSEMENT SHALL ARISE OUT OF LIABILITY THAT RESTS SOLELY WITH TI-IE INSURED. TI-IE INSURANCE AFFORDED BY TI-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. Type of Insurance Policy Number Policy Policy Limits Effective Expiration COMMERCIAL VESSEL LIABILITY GCV0000037 1/17/2020 1/17/2021 1,000,000 LIABILITY DEDUCTIBLE GCV0000037 1/17/2020 1/17/2021 2,500 MEDICAL PAYMENTS GCV0000037 1/17/2020 1/17/2021 10,000 DESC RIPTION: 1998 30' Sea Ark SAMA0934G898 Artemis 2001 24' Custom Made SCZF2506D101 1984 14' Laudau LB0097 49M84E 2020 32' American Pontoon Company LLC MAX32000A620 CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INSURED: Form CL-7: Rev 1/20/16 For services provided in association with Contract 18-7432-CZ, or for any and all work performed on behalf of Collier County Collier County 3295 Tamiami Trail East Building C-2 Naples, FL 34112 Authorized Agent: Date: February 14, 2020 i'aqe I of'.) CERTIFICATE OF COMMERCIAL MARINE LIABILITY INSURANCE PRODUCER: Gallagher Charter Lakes THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 3940 Peninsular Drive SE, Ste 100 COVERAGE AFFORDED BY THE POLICIES BELOW. Grand Rapids, MI 49546-6107 INSURED: Athena Technologies, Inc COMPANY A AFFORDING COVERAGE: John Freeze Great American Insurance Group Lawrence McClellan III PO Box 68 COMPANY B AFFORDING COVERAGE: Mc Clellanville SC 29458 COVERAGES: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE 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. BY ISSUANCE OF THIS ENDORSEMENT, THE COMPANY DOES NOT WAIVE ITS RIGHT OF SUBROGATION. THE COVERAGE AFFORDED BY THIS ENDORSEMENT SHALL ARISE OUT OF LIABILITYTHAT RESTS SOLELYWITHTHEINSURED. THEINSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. Type of Insurance Policy Number Policy Policy Limits Effective Expiration COMMERCIAL VESSEL LIABILITY GCV0000037 1/17/2020 1/17/2021 1,000,000 LIABILITY DEDUCTIBLE GCV0000037 1/17/2020 1/17/2021 2,500 MEDICAL PAYMENTS GCV0000037 1/17/2020 1/17/2021 10,000 DESCRIPTION: 1998 30' Sea Ark SAMA0934G898 Artemis 2001 24' Custom Made SCZF2506D101 1984 14' Laudau LB0097 49M84E 2020 32' American Pontoon Company LLC MAX32000A620 CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INSURED: Form CL-7: Rev 1/20/16 Humiston and Moore Engineers 5679 Strand Court Naples, FL 34110 Authorized Agent: Date: February 14, 2020 ______,CONTl-2 OP ID: SW ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) � 02/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). P RODUCER 631-331-7700 22AA{�cT Coverage Concepts, Inc. Coverage Conce�ts, Inc.4953 Nesconset � FJJ8,NJ0, Ext): 631-331-7700 I FAX 631-331-7797(A/C, No): Port Jefferson Sta., Y 11776 c�XR&�ean Sciences Inc 8502 SW Kansas Avenue Stuart, FL 34997 COVERAGES CERTIFICATE NUMBER· �oi��ss: cc1@coverageconcept.comINSURERIS\ AFFO RDING COVE RAGE INSURER A, Crum & Forster Soecialtv Ins. INSURE R B, Progressive Casualty InsuranceINSURER c ,Star Indemnity & Liability CoINSURER D, Granite State Insurance Co.INSURER E, Insurance Co. Of PennsylvaniaINSURER F, Navigators Insurance Co REVISION NUMBER· NAIC# 44520 10042 38318 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE :WJJ� s.��POLICY NUMBER ..''.!)LICY EFF , _ _POLICY EXP LIMITS I TR YYY A X COMME RCIAL GENE RAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [Kl OCCUR DAMAGE TO RENTED EPK127477 07/01/2019 07/01/2020 PREMISES /Ea occurrence\ $ 1,000,000 -X Professional Liab CONTRACTUAUFO R P ROF LIA MED EXP /Anv one oerson\ $ 10,000 X Contractors Poll POLL $5,000DED, Bl-PD/CPL -PERSONAL & ADV INJURY $ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Pl POLICY [Kl �&'8-f □ LOC PRODUCTS· COMP/OP AGG $ 2,000,000 OTHER: E&O s 1,000,000 B AUTOMOBILE LIABILITY YE��b�;�t?NGLE LIMIT $ 1,000,000 ANY AUTO 008564170 07/01/2019 07/01/2020 BODILY INJURY /Per oersonl $ � OWNED X SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY /Per accident\ $ X HIRED X NON-OWNED FROPERTY t�AMAGEAUTOS ONLY AUTOS ONLY Per accident $ s A UMB RELLA LIAB � OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE EFX113079 07/01/2019 07/01/2020 AGGREGATE $ 10,000,000 OED I I RETENTION $ Follow $ Form D WORKE RS COMPENSATION XI �IITIITE I I OTH-AND EMPLOYERS' LIABILITY ER E Y/N WC038411968-INCL USL&H 07/01/2019 07/01/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 07/01/2019 07/01/2020 1,000,000 (Mandatory in NH) WC038411969 CA-INCL USL&H E.L. DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ C Maritime Employers MASIHNY0005519 07/01/2019 07/01/2020 Limit 1,000,000 INC DIVER Ded. 25,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *C:MASIHNY00000619-Ocean Marine Pkg-07/01/2019to07/01/2020-Hull & MachineryProtection & lndemnit& $1,000,000; Stevedores Lesal Liab$1,000 000*F:Excess Protection lndemnity-07/01/2019to07/ 1/2020-6853799-01 $9,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Humiston & Moore Engineers THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5679 Strand Court Naples, FL 34110 AUTHO RIZED REP RESENTATIVE I /(�-f. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOLDER CODE NOTEPAD: tNSURED's NAME CSA Ocean Sciences Inc CONTl-2 OP ID: SW Additional insured: Humiston & Moore State of Florida, The Department,and Trustees of the Internal Improvement Cancellation. waiver of Subrogation. Engineers, and Collier County, The the State of Florida Board of Trust Fund. 30 Day Notice of PAGE 2 Date 02/14 /202 0 � SEADIVE-01 URIBEA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 2/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTA NT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 22tlP,-CT Annie UribeInsurance Office of America F1J8,N,;o, Ext): (561) 296-5966 26059 I r..e�. No):(561) 776-0670 Abacoa Town Center 1200 Universii Blvd, Suite 200 �fDAJ�cc, Annie.Uribe@ioausa.com Jupiter, FL 33 58 INSURER/SI AFFORDING COVERA GE NA IC# INSURER A: New York Marine & General Insurance Company 16608 INSURED INSURER B: Manufacturers Alliance Insurance Comoanv 36897 Sea Diversified, Inc and SDI Marine Construction, LLC INSURER c: American Lon ashore Mutual Association NA 151 NW 1st Avenue INSURER D : Llovd's Delray Beach, FL 33444 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER·REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN<:D IW\ID IMM/DDNVYVI IMMIDD/YYYYI A X COMMERCIA L GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE CR] OCCUR DAMAGE TO RENTED 100,000 ML201900002224 6/29/2019 6/29/2020 PREMl.�E<: 1Ea occu,reneel $ x Marine General MED EXP /Anv one nerson\ $ 5,000 x Liability PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 �'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY [K] �r8r □ LOC PRODUCTS - COMP/OP AGG $ 1,000,000 OTHER: Marine P&I $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea accidont1 $ - >---ANY AUTO -BODILY INJURY (Per person\ $ 01/\NED SCHEDULED >---AUTOS ONLY >---AUTOS BODILY INJURY (Per accident\ $ HIRED NON-01/\NED /pf;,9�fc�Jeit�AMAGE $ -AUTOS ONLY >---AUTOS ONLY $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ 8 WORKERS COMPENSATION I PER I I ��H- AND EMPLOYERS' LIABILITY STATIITE YIN 0761676Y 4/20/2019 4/20/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 C USL&H INCD00919-04 4/20/2019 4/20/2020 1Mil/1Mil/1Mil D Prof Liability ED11023AA001 6/29/2019 6/29/2020 Deductible $25,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Contract 18-7432-CZ Collier County, the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund and Humiston & Moore Engineers are named as additional insured as per policy form OMDS01111111-18 as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail East C.�P��Building C-2 IN,anlac FL :ld112 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD/YYYY) � 2/14/2020 � ENVISCl -05 GOMEZB 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 CONSTI TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 �2ijf:'CT Ali Smith IOA Insurance Services r1m,Nfio, Ext): (619) 788-5795 50206 I FAX 4370 La Jolla Village Drive (A/C,No):(619) 574-6288 Suite 600 ioMDAJ�ss: Ali.Smith@ioausa.com San Diego, CA 92122 INSURER/SJ AFFORDING COVERA GE NAIC# INSURER A: RLI Insurance Comoanv 13056 INSURED INSURER B: Mt Hawlev Insurance Comoanv 37974 Environmental Science Associates INSURER c: Crum & Forster So ecialtv Insurance Como anv 44520 550 Kearny St., Suite 800 INSURER D: San Francisco, CA 94108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUM BER POLICY EFF POLICY EXP LIMITS LTR INSD wvn IMM /DD/YYYYI IM M/DD/YYYYI A X COMM ERCIAL GENERAL LIABILITY EACH OCCURR ENCE $ 2,000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE TO R ENTED 1,000,000 X X PSB0007416 12/1/2019 12/1/2020 PREMISES /Ea occurrence) $ x Cont Liab/Sev of Int MED EXP /Anv one person) $ 10,000 f--PER SONAL & ADV INJUR Y $ 2,000,000 R'L AGGR EGATE LIMIT APPLIES PER: GENER AL AGGREGATE $ 4,000,000 POLICY 0 �r8r □ LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: Deductible $ 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 /Ea accident) $ f--X ANY AUTO X PSA0002468 12/1/2019 12/1/2020 BODILY INJUR Y /Per person\ $ f--OVVNED - SCHEDULED f---AUTOS ONLY � AUTOS BODILY INJUR Y /Per accident) $ �LRT1fs ONLY NON-OVVNED ITR OPERTV,,?AMAGE f---AUTOS ONLY Per accident $ X Comp.: $1,000 X Coll.: $1,000 $ B X UM BRELLA LIAB �OCCUR EACH OCCURR ENCE $ 3,000,000 PSE0003196 12/1/2019 12/1/2020 3,000,000 EXCESS LIAB CLAIMS-MADE AGGR EGATE $ OED I X I R ETENTION$ 10,000 $ A WORKERS COM PENSATION XI �-l'fruTE I I OTH-AND EM PLOYERS' LIABILITY ER Y/N X PSW0004135 12/1/2019 12/1/2020 1,000,000 ANY PR OPR IETOR /PAR TNER /EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? N/A 1,000,000 (M andatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCR IPTION OF OPER ATIONS below E.L. DISEASE -POLICY LIMIT $ C Prof Liab/Clms Made PKC108908 9/17/2019 12/1/2020 Per Claim 1,000,000 C Poll Liab/Ded. $25K PKC 108908 9/17/2019 12/1/2020 Occurrence/Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (A CORD 101, A dditional Remarks Schedule, may be attached if more space Is required) Re: Collier County Contract-18-7432-CZ ESA Project 0180368 Collier County, the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, Humiston and Moore are Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. Longshoreman insurance coverage is included with the Work Comp. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County l.��.t&3295 Tamiami Trail East, Bldg., C-2 ltJ<>.-.,�� Fl ':l,H1? ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Environmental Science Associates Policy Number: PSB0007416 RU Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1.C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rented to you; or c.In connection with "your work" and includedwithin the "p roduct-completed operations hazard". 2.The insurance provided to the additional insured by this endorsement is limited as follows: a.This insurance does not apply on any basis toany person or organization for which coverage as an additional insured specifically is added byanother endorsement to this policy. b.This insurance does not apply to the rendering of or failure to render any "professional services". c.This endorsement does not increase any of the limits of insurance stated in D. liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION HI H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a.The "bodily injury" or "property damage" for which coverage is sought occurs after you haveentered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into thatcontract or agreement. 4.The following is added to SECTION Il l K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or ''personal and advertising injury" arising out of "your work" performed by you, or on yourbehalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Named Insured: Environmental Science Associates Policy Number: PSA0002468 BUSINESS AUTO COVERAGE FORM A.Broad Form Named Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus-iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B.Employees As lnsu reds The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C.Blanket Additional Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A, 1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II -COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D.Blanket Waiver Of Subrogation The following is added to the SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5, Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out PPA 300 03 13 of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E.Employee Hired Autos 1.The following is added to the SECTION II -COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2.Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con• dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b.For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1)Any covered "auto" you lease, hire, rent or borrow; and (2)Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F.Fellow Employee Coverage SECTION II -COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G.Auto Loan Lease Gap Coverage SECTION Ill -PHYSICAL DAMAGE COVERAGE, C.Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the "loss"; WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA we 04 03 06 (Ed. 4•84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.} You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss. Job Description Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which ii is attached and is effective on the date issued unless otherwise stated. (The lnformatlon below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Named Insured: Environmental Science Associates Policy Number: PSW0004135 Insurance Company: RLI Insurance Company Countersigned By ______________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. ENVISCl-05 GOMEZB ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) �211412020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 �2�i�cT Ali Smith IOA Insurance Services r.,tJg,NJo, Ext): (619) 788-5795 50206 I FAX ( 4370 La Jolla Village Drive (A/C, No): 619) 57 4-6288 Suite 600 )(0MD'N�ss: Ali.Smith@ioausa.com San Diego, CA 92122 INSURER/SI AFFORDING COVERAGE NAIC# 1NsuRER A, RU Insurance Company 13056 INSURED INSURER B, Mt Hawley Insurance Company 37974 Environmental Science Associates INSURER c: Crum & Forster Specialty Insurance Company 44520 550 Kearny St., Suite 800 INSURER D: San Francisco, CA 94108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER 1�S�i:l%�, 1�Sri:l%YM,y, LIMITS LTR INSD WVD A X COMM ERCIAL GENERAL LIABILITY EACH OCCURRENC E $ 2,000,000 -□ CLAIMS-MADE CR] OCCUR X X PSB0007416 12/1/2019 12/1/2020 ��t��J9E�EtcJ�r?ence\ $ 1,000,000 X Cont Liab/Sev of Int-MED EXP !Anv one oerson\ $ 10,000 PERSONAL & ADV INJURY -$ 2,000,000 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGAT E $ =l POLICY CR] �f8f □ LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHE R: Deductible $ 0 A �TOMOBILE LIABILITY ��);;b��llNGLE LIMIT $ 1,000,000 X ANY AUTO -X PSA0002468 12/1/2019 12/1/2020 BODILY INJURY /Per oerson\ $ OWNED SCHEDULED f--- AUTOS ONLY -AUTOS BODILY INJURY /Per accident\ $ �lfT�S ONLY �8¥�'-mJE� 1P�9�,\WJe�t?AMAGE $ X Comp.: $1,000 X Coll.: $1,000 $ B X UMBRELLA LIAB � OCCUR EACH OCCURRENCE $ 3,000,000 f---PSE0003196 12/1/2019 12/1/2020 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I X I RETENTION$10,000 $ A WORKERS COMPENSATION XI �ffTuTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X PSW0004135 12/1/2019 12/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMB ER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L. DISE ASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT C Prof Liab/Clms Made PKC108908 9/17/2019 12/1/2020 Per Claim 1,000,000 C Poll Liab/Ded. $25K PKC108908 9/17/2019 12/1/2020 Occurrence/Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space ls required) Re: Collier County Contract-18-7432-CZ ESA Project D180368 Collier County, the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, Humiston and Moore are Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. Longshoreman insurance coverage is included with the Work Comp. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER Collier County 3295 Tamiami Trail East, Bldg., C-2 1111,.nloc: FL 34112 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I.��-uQ. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Environmental Science Associates Policy Number: PSB0007416 RU Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II-LIABILITY 1.C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rented to you; or c.In connection with "your work" and included within the "product-completed operations hazard". 2.The insurance provided to the additional insured by this endorsement is limited as follows: a.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b.This insurance does not apply to the rendering of or failure to render any "professional services". c.This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a.The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4.The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONL V TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights onfy where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Named Insured: Environmental Science Associates Policy Number: PSA0002468 BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus-iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. 8.Employees As lnsu reds The folfowing is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C.Blanket Additional Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II -COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D.Blanket Waiver Of Subrogation The following is added to the SECTION IV -BUSI NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out PPA 300 0313 of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E.Employee Hired Autos 1.The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2.Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b.For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1)Any covered "auto" you lease, hire, rent or borrow; and {2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F.Fellow Employee Coverage SECTION II -COVERED AUTOS LIABILITY COVERAGE, Exclusion 8.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G.Auto Loan Lease Gap Coverage SECTION Ill -PHYSICAL DAMAGE COVERAGE, C.Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the "loss"; WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC 04 03 06 (Ed. 4-84} We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ 2 % of the California workers' compen sation premium otherwise due on such remuneration. Schedule Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss. Job Description Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes lhe policy to which il is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Named Insured: Environmental Science Associates Policy Number: PSW0004135 Insurance Company: RU Insurance Company Countersigned By ______________________ _ ©1998 by the Workers' Compensation Insurance Rating l:!ureau of California. All rights reserved. ATHETEC-01 AEICHORN ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) �2/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ��ij!�cT Karla Hartin Anderson Insurance Associates, Inc. F.J:J8,N �o, Ext): (843) 725-4931 131 I FAX 3491 Shelby Ray Court (A/C, No): Charleston, SC 29414 ��l��ss: khartin@aiasc.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Scottsdale Insurance Co. 41297 INSURED INSURER B: Auto-Owners Insurance 18988 Athena Technologies, Inc 1NsuRER c ,National Casualtv Companv 11991 1293 Graham Farm Road 1NsuRER D ,Water Qualitv Insurance Svndicate Mc Clellanville, SC 29458 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 A B A C D A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY -□ CLAIMS-MADE CR] OCCUR - -GEN'L AGGREGATE LIMIT APPLIES PER: � POLICY □ �r8r □ LOGOTHER: Contractors Pollution - $5M �TOMOBILE LIABILITY X ANY AUTO OIMIED � SCHEDULED f--AUTOS ONLY f--AUTOS f--�lfT�S ONLY f-- NON-OWNED AUTOS ONLY UMBRELLA LIAS f--X EXCESS LIAB MOCCUR CLAIMS-MADE OED I X I RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [ill OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Watercraft Pollution Professional Liabili ADDL SUBR POLICY NUMBER POLICY EFF ,�2rJ%YM-Y, INSD WVD IMMIDD/YYYYI X VRS0003941 6/1/2019 6/1/2020 5234344500 6/1/2019 6/1/2020 VES0002775 6/1/2019 6/1/2020 WCC332960A 6/1/2019 6/1/2020 N/A 53-82897 6/1/2019 6/1/2020 VRS0003941 6/1/2019 6/1/2020 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES /Ea occurrence\ MED EXP /Anv one oerson\ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG 11:��b��llNGLE LIMIT BODILY INJURY /Per oerson\ BODILY INJURY /Per accident\ FP�9�td:'dJ.t�AMAGE EACH OCCURRENCE AGGREGATE I �\%uTE I I OTH-ER E.L. EACH ACCIDENT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ Watercraft Pollution Professional Liab DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) For services provided in association with Contract 18-7432-CZ, or for any and all work performed on behalf of Collier County Certificate Holder is listed as an Additional Insured as required by written contract or agreement CERTIFICATE HOLDER CANCELLATION 5,000,000 100,000 5,000 5,000,000 5,000,000 5,000,000 1,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Building C-2 Naples, FL 34112 AUTHORIZED REPRESENTATIVE �I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD-CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) �2/17/2020 �ATHETEC-01 AEICHORN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ��ij!�cT Karla Hartin Anderson Insurance Associates, Inc. Fi:18,NJo, Ext): (843) 725-4931 131 I FAX 3491 Shelby Ray Court (AIC,No): Charleston, SC 29414 lfifJ�ss: khartin@aiasc.com INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Scottsdale Insurance Co. 41297 INSURED INSURER B: Auto-Owners Insurance 18988 Athena Technologies, Inc INSURER c: National Casualtv Comoanv 11991 1293 Graham Farm Road INSURER D: Water Qualitv Insurance Svndicate Mc Clellanville, SC 29458 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 A 8 A C D A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY -=:J CLAIMS-MADE CR] OCCUR - -GEN'L AGGREGATE LIMIT APPLIES PER: � POLICY □ �f8i □ LDC OTHER: Contractors Pollution • $5M AUTOMOBILE LIABILITY X ANY AUTO � O'M'JED SCHEDULED � AUTOS ONLY -AUTOS ��lfT�S ONLY -NON-O'M'JED AUTOS ONLY UMBRELLA LIAB �X EXCESS LIAB M OCCUR CLAIMS-MADE OED I X I RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [ill OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Watercraft Pollution Professional Liabili ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP INSD WVD IMMIDD/YYYYI IMMIDDNVVV' X VRS0003941 6/1/2019 6/1/2020 5234344500 6/1/2019 6/1/2020 VES0002775 6/1/2019 6/1/2020 WCC 332960A 6/1/2019 6/1/2020 N/A 53-82897 6/1/2019 6/1/2020 VRS0003941 6/1/2019 6/1/2020 LIMITS EACH OCCURRENCE $ ��b[f;�J9E��tir?ence\ $ MED EXP /Anv one oerson\ $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ COMBINED SINGLE LIMIT $ tEa accident' BODILY INJURY /Per oerson\ $ BODILY INJURY /Per accident\ $ FP�9��d�t�AMAGE $ $ EACH OCCURRENCE $ AGGREGATE $ $ I PER I STATUTE I OTH-ER E.l. EACH ACCIDENT $ E.l. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ Watercraft Pollution Professional Liab DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) For seivices provided in association with Contract 18-7432-CZ, or for any and all work performed on behalf of Collier County Certificate Holder is listed as an Additional Insured as required by written contract or agreement CERTIFICATE HOLDER CANCELLATION 5,000,000 100,000 5,000 5,000,000 5,000,000 5,000,000 1,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Humiston & Moore Engineers THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5679 Strand Court Naples, FL 34110 AUTHORIZED REPRESENTATIVE I �ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 48AA2CF9-7EBA-4898-A562-21BE50C5C49A 5/7/2020 DocuSign Envelope ID: 48AA2CF9-7EBA-4898-A562-21BE50C5C49A DocuSign Envelope ID: 48AA2CF9-7EBA-4898-A562-21BE50C5C49A Brett D. Moore President 5/6/2020 5/7/2020 Procurement Director 5/7/2020Scott R. Teach