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Agenda 07/13/2021 Item #16A24 (RPS #21-7847 w/Water Resources Management Assoc)07/13/2021 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services (“RPS”) No. 21-7847, “Goodlette- Frank Road Ditch Improvements Design Services,” to Water Resources Management Associates, Inc., in the total amount of $598,817, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendments. (Project No. 60102) OBJECTIVE: To obtain engineering services by Water Resources Management Associates, Inc. (“WRMA”) for the Goodlette-Frank Road Ditch stormwater improvements. CONSIDERATIONS: The Goodlette-Frank Ditch requires improvements to enhance the conveyance capacity of stormwater flow to the Gordon River to reduce flooding in residential and commercial developments west of Goodlette-Frank Road. This project will consist of professional engineering services for the design of erosion control and bank stabilization, building a maintenance access travel way, and modification of outfalls along approximately two miles of ditch on the west side of the Goodlette-Frank Road. On May 11, 2021 (Agenda Item 16.A.17), the Board approved the selection committee’s ranking of consultants for RPS No. 21-7847, “Goodlette-Frank Ditch Improvements Design Services,” and authorized staff to begin negotiations with the top-ranked firm, WRMA, to bring a proposed agreement back to the Board for approval. WRMA is a Tequesta, Florida based engineering firm doing business since 1997, specializing in analysis and design of municipal stormwater and flood control/drainage facilities, stream restoration, ditch and canal bank stabilization, environmental permitting, inspection services, along with GIS and remote sensing analysis for water resources projects. Collier County has not utilized WRMA’s services on prior projects, but the firm is presen tly eligible to provide services under the separate Civil Engineering Category of the County’s current Professional Services Library, Agreement No. 18-7432-CE. Staff negotiated and reached the attached proposed agreement with WRMA, in a contract amount no t to exceed $598,817.00 for engineering design and post-design bid-related services. The scope of work for this project includes providing civil engineering design, surveying, geotechnical engineering, public outreach, and post design services for proposed channel capacity improvements to the existing ditch along the west side of Goodlette-Frank Road from approximately Pine Ridge Road to Golden Gate Parkway. FISCAL IMPACT: Total contract cost is $598,817.00.A budget amendment, in the amount of $539,947 will be required to transfer funds within Stormwater Bond Fund (327) from Reserves to Project 60102. Grant funding in the amount of $44,152.50 is available in the Growth Management Grants Fund (711), Project 60102 and the associated local match in the amount $14,717.50 is available in the Growth Management Grants Match Fund (712), Project 60102. Source of funding is a FEMA Hazard Mitigation grant funding, and stormwater bond revenue. There is no incremental maintenance cost associated with this design action. Incremental maintenance costs will be addressed at the time of award of the planned construction contract. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT 16.A.24 Packet Pg. 835 07/13/2021 GROWTH MANAGEMENT IMPACT: This item has no impact on the Growth Management Plan. RECOMMENDATION: To award RPS No. 21-7847, “Goodlette-Frank Road Ditch Improvements Design Services,” to WRMA, in the total amount of $598,817, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendments. Prepared by: Robert Wiley, Principal Project Manager, Capital Project Planning, Impact Fees & Program Management Division ATTACHMENT(S) 1. [Linked] 21-7847 WRMA_Agmt_VendorSigned (PDF) 2. 21-7847 WRMA_Insurance 6-18-21 (PDF) 16.A.24 Packet Pg. 836 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.24 Doc ID: 16291 Item Summary: Recommendation to award Request for Professional Services (“RPS”) No. 21- 7847, “Goodlette-Frank Road Ditch Improvements Design Services” to Water Resources Management Associates, Inc., in the total amount of $598,817, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendment(s). (Project No. 60102) Meeting Date: 07/13/2021 Prepared by: Title: Project Manager, Principal – Capital Project Planning, Impact Fees, and Program Management Name: Robert Wiley 06/18/2021 4:07 PM Submitted by: Title: Division Director - IF, CPP & PM – County Manager's Office Name: Amy Patterson 06/18/2021 4:07 PM Approved By: Review: Procurement Services Caroline Blevins Level 1 Purchasing Gatekeeper Completed 06/18/2021 4:19 PM Procurement Services Sarah Hamilton Additional Reviewer Completed 06/18/2021 4:20 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 06/18/2021 4:43 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/21/2021 8:54 AM Capital Project Planning, Impact Fees, and Program Management Danette Kinaszczuk Additional Reviewer Completed 06/21/2021 4:44 PM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/21/2021 5:06 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/22/2021 1:19 PM Growth Management Department Lisa Abatemarco Additional Reviewer Completed 06/24/2021 11:41 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/24/2021 1:29 PM Growth Management Department James C French Growth Management Skipped 06/21/2021 12:34 PM Growth Management Department Trinity Scott Transportation Completed 06/24/2021 3:13 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/25/2021 8:56 AM Grants Valerie Fleming Level 2 Grants Review Completed 06/28/2021 4:26 PM Grants Carrie Kurutz Additional Reviewer Completed 06/28/2021 5:28 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/28/2021 5:43 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2021 9:37 AM 16.A.24 Packet Pg. 837 07/13/2021 Grants Therese Stanley Additional Reviewer Completed 07/02/2021 2:48 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:59 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 07/05/2021 4:30 PM Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM 16.A.24 Packet Pg. 838 16.A.24.b Packet Pg. 839 Attachment: 21-7847 WRMA_Insurance 6-18-21 (16291 : RPS 21-7874 Contract Award to WRMA) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/18/2021 (561) 746-4514 (561) 746-6566 Water Resources Management Associates Inc 250 Tequesta Drive Suite 302 Tequesta, FL 33469 A 6025466171 12/27/2020 12/27/2021 1,000,000 1,000,000 1,000,000 Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 WATERES-01 MMITCHELL Venture Insurance Partners, Inc1003 W Indiantown RoadSuite 215Jupiter, FL 33458 Transportation Insurance Co. X 16.A.24.b Packet Pg. 840 Attachment: 21-7847 WRMA_Insurance 6-18-21 (16291 : RPS 21-7874 Contract Award to WRMA) PROFESSIONAL SERVICES AGREEMENT Contract # 21-7847 for Goodlette-Frank Ditch Improvements Design Services THIS AGREEMENT is made and entered into this day of , 20 21 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Water Resources Management Associates, Inc. authorized to do business in the State of Florida, whose business address is 250 Tequesta Drive, Suite 302, Tequesta, Florida 33469-2766 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Goodlette-Frank Ditch Improvements Design Services (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287,055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties, hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. Page 1 of 32 PSA_CCNA Single Project Agreement_Ver.4 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Raul Mercado, PE, CFM a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA_CCNA Single Project Agreement_Vec4 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252=8999 Email: PublicRecordReguest(colliercountyfl.WV The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY Page 3 of 32 PSA_CCNA Single Project Agreement_Ver.4 reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real - Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under Page 4 of 32 PSA_CCNA Single Project Agreement_Ver.4 ■ this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not Page 5 of 32 PSA_CCNA Single Project Agreement_Ver.4 authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the Page 6 of 32 PSA_CCNA Single Project Agreement_Ver.4 COUNTY maybe responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor tiI e spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 7 of 32 PSA_CCNA Single Project Agreement_Vec4 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. F Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation orAutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT 's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Page 8 of 32 PSA_CCNA Single Project Agreement_Ver.4 CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies. 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. Page 9 of 32 PSA_CCNA Single Project Agreement_Vec4 t_� 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS Page 10 of 32 PSA_CCNA Single Project Agreement_Ver.4 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior Page 11 of 32 PSA_CCNA Single Project Agreement_Ver.4 written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, (;I hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services Page 12 of 32 PSA_CCNA Single Project Agreement_Ver.4 required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Division Director: Address: Administrative Agent/PM Telephone: E-Mail(s): Capital Project Planning, Impact Fees &Program Management Matt McLean, Interim Director 2685 Horseshoe Drive S, Suite 103 Naples, FL 34104 Robert Wiley, Principal Project Manager 239-252-2322 Robert.Wiley colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Water Resources Management Associates, Inc. Address: 250 Tequesta Drive, Suite 302 Tequesta, FL 33469-2766 Attention Name &Title, Michael Mercado, PE, Vice President Telephone: 561-529-2075 E-Mail(s): mike. mercado@wrmaeng.com; raul.mercado@wrmaeng.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. Page 13 of 32 PSA_CCNA Single Project Agreement_Ver.4 ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: FEDERAL CONTRACT PROVISIONS AND ASSURANCES Solicitation # 21-7847 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the Page 14 of 32 PSA_CCNA Single Project Agreement_Ver.4 terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 15 of 32 PSA_CCNA Single Project Agreement_Ver.4 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 13243 et seg. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA_CCNA Single Project Agreement_Ver.4 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller Date: Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: Witness Michael Mercado, Vice -President Name and Title Witness Andrew Mercado, Secretary Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA PENNY TAYLOR Consultant: Chair Water Resources Management Associates, Inc. By: Raul Mercado, President Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement_Ver U C SCHEDULE A 0 following this page (pages SCOPE OF SERVICES through 20 ) Page 18 of 32 PSA_CCNA Single Project Agreement_Vec4 SCHEDULE A - SCOPE OF SERVICES FOR GOODLETTE-FRANK DITCH IMPROVEMENTS DESIGN SERVICES PART 1.0 PROJECT OVERVIEW Background The Florida Division of Emergency Management (FDEM) has awarded funding under the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for the partial design of the Goodlette Road Ditch Improvement Project. The HMGP funds are provided by FEMA to help implement hazard mitigation measures following a major disaster. Proposed improvements shall help alleviate flooding within the Gordon River Basin. All work performed under the resultant contract is to be in strict conformance with FEMA Guidelines, Goodlette Road Ditch Improvements are proposed to enhance the conveyance capacity of stormwater flow through the Gordon River Basin to the receiving waters of Naples Bay reducing flooding in residential and commercial developments in the basin. The project shall be designed to provide an adequate flood protection level of service for this area against a twenty-five (25) year, three (3) day storm event. All work under the resultant contract shall be completed in strict compliance with Federal, State and Local applicable rules and regulations. This project consists of improving the capacity for surface water flow within an existing approximately two (2) mile - long ditch located on the west side of Goodlette Road from Golden Gate Parkway heading north to just south of Pine Ridge Road, excluding the Goodlette Road Pilot Project area (refer to the attached project location map). The Goodlette Road Ditch Improvement project is one of eight (8) projects identified in the Gordon River Improvements Master Plan dated December 2018 produced by Agnoli, Barber and Brundage, Inc. (also see attached Exhibits). The plan includes conceptual design details of the proposed improvements for this project, as well as for seven (7) others. The plan also includes and is supported by detailed. Gordon River Basin Hydrologic and Hydraulic (H&H) modeling. The Goodlette Road Ditch is the primary collector and conveyance facility for stormwater runoff generated from the western portion of the Gordon River Basin. Improvements to the ditch and the existing roadway crossing connections will decrease the peak stages (water levels) observed in the ditch during the 2017 rainy season. The masterplan divided up the Gordon River Basin water management features into eleven (11) segments, Sections A through K, based on the completed H & H modeling effort. The limits of this project are covered by Section I south of Pine Ridge Road, all of Section J and the northern part of Section K. There are eight (8) existing street crossings and one FPL maintenance crossing adjacent to the Naples High School within the limits of this project. Section I, the northern most section includes crossings, from north to south, at Pompei Lane, Granada Blvd and Solana Road. In the middle section, Section J, the crossings at Ohio Drive and Ridge Street have already been upgraded as part of Phase 1 of the joint County -City West Goodlette Area Improvement Project. The upgrade of the crossing at Creech Road will be included in Phase 2 of that same project. The three (3) remaining crossings shall be upgraded as part of this project. They are the crossing at 26th Avenue NW in the southernmost part of Section J, 22nd Avenue N on the north part of Section K and the FPL maintenance crossing adjacent to the Naples High School in Section K. The subject ditch's east side slope along the entire length of the project was improved several years ago with a fabric -formed armoring system. The master plan conceptual design has determined that this side of the ditch will be impacted by the improvement due to the proposed enlarged cross section beginning at approximately the intersection with Ohio Drive south to Golden Gate Parkway. The ditch's entire west side slope shall be reconstructed as well to include surface erosion protection, and compaction preventing surficial sloughing, various structural slope treatments shall be considered. The aesthetic value of all slope treatments shall be considered. The proposed improved ditch cross section varies. The existing section varies from approximately 25-30 feet wide from top of bank to top of bank, has a five to six foot (5'-6') wide bottom width, and is five to six feet (5'-6') deep. The ditch bottom is not uniform, particularly from Ohio Drive south. Ditch improvements will include a new ditch bottom flow line profile. In addition to aesthetic value, ease of maintenance and/or minimal to no maintenance needs will be major considerations in selecting the west bank slope face stabilization system. Due to the limited width of the overbank area on the west side of the ditch, anticipated maintenance operations, maintenance equipment needs, size and points of access, are to play a major factor in this design. This project design will include a final engineered cross section with slope/bank stabilization which will require minimal to no perpetual maintenance with high aesthetic value (west side). A buffer or border feature addressing edge delineation and treatment will be considered as part of this project. The design of this feature will consider long term perpetual access and maintenance needs. Areas will be identified where root barrier will be needed due to presence of adjacent vegetation and concerns of potential slope impacts from roots. The design will include an analysis to allow/create a continuous maintenance access/inspection area along the west side overbank area with access at each cross street. Project Site Data Collection Requirements Topographic, Boundary and Tree Survey of the project limits shall be required to prepare the final design plans. Additionally, due to the breadth and depth of the earthwork and potential re -alignment of the centerline profile, a minimum of Quality Level B subsurface utility location (SUE) will be required within the proposed project limits. Due to the need for high precision location of Right of Way boundaries, traditional survey technologies and methods coupled with state of the art terrestrial mobile LiDAR technologies shall be applied to produce high definition topographic, tree and boundary line surveys. All surveys shall be performed and supervised by Florida Licensed Professional Surveyors. Geotechnical sampling and testing will be needed in the form of SPT borings which shall be taken at select locations to determine the existing soil profile characteristics, ground water table fluctuation, and soil bearing capacities. Additionally to analyze and evaluate the multiple slope stabilization technologies available, slope stability testing shall be performed for multiple technologies or products. All collection and laboratory analysis of soil samples and testing shall be performed by geotechnical engineering specialists and licensed Florida Professional Engineers. Regulatory Agency Coordination FDEP The Florida Department of the Environment has regulatory authority to review all site plans and construction drawings for projects where construction and clearing of disturbed areas are greater than one acre prior to any NPDES Construction discharge permit being granted to the Owner. CONSULTANT shall prepare and submit required FDEP applications with accompanying site plans for proposed construction activities requiring review by the Florida Department of the Environment at the completion of 60% design. South Florida Water Management District It is anticipated that a permitting with the SFWMD shall be required. As part of CONSULTANT's due diligence, CONSULTANT shall meet with SFWMD for a pre -application meeting and then following, shall prepare an ERP permit (or permit modification) application at the completion of 60% design. Army Corps of Engineers It is anticipated that the Corps shall require a nationwide permit for this project. CONSULTANT shall prepare a nationwide permit application package with supporting documentation at completion of 60% design. FEMA The HMGP grant application shall be prepared with a BCA analysis performed, and all supporting documentation attached. Likewise CONSULTANT shall coordinate with FEMA regarding existing regulatory floodplain requirements if any. Utility Coordination The proposed project will require continual coordination with multiple above and below ground utility service providers including: • Electric -Florida Power and Light • Cable - Comcast Telecom • Water and Sewer —City of Naples • Gas - TECO • Stormwater — Collier County/City of Naples • Fiber/Telephone - AT&T The following Scope of Services is proposed to design the Goodlette-Frank Ditch Improvements, PART 2.0 SCOPE OF SERVICES TASK 1— DISCOVERY & RECORDS RESEARCH 1.1 Collection and Analysis of Utility As -Built Data Collect As-Builts (paper/digital) for existing water, sewer, stormwater, cable, phone, gas and any other utilities within the active project area shall be collected from City of Naples, Collier County, FPL and other utility providers. 1.2 Initial Coordination with Utility Providers CONSULTANT shall initiate coordination with utility providers in the Goodlette-Frank Ditch drainage/right-of-way corridor to alert them about the upcoming ditch reconstruction project. Sunshine 811 design tickets shall be initiated to identify all providers within the active area. 1.3 Collection and Analysis of Collier County GIS and Property Appraisers Data CONSULTANT shall acquire technical data required for the successful completion of the project including: • GIS data: Topographic (LiDAR) and planimetric data from County, City, State, Water Management District, and US Agencies. • Technical Reports: Gordon River Improvements Master Plan & Goodlette-Frank Road Stormwater Outfall Improvements Modeling Update & Feasibility Engineering Study, Joint County/City West Goodlette-Frank Stormwater Improvements, City of Naples Basin V Stormwater System Improvement Plan Phase I: Basin Assessment and Conceptual Improvement Plan. • CADD data: Of technical reports, mapping databases, utilities • Property Appraisers Data: 2019/2020 Parcels for tax assessment within the project area • Collier County/City of Naples: FEMA/CRS Repetitive Loss Property Data in the project area • Photographic Documentation: Of historical flooding storm events in the project area including Hurricane Irma. 1.4 Acquisition and Review of Existing Gordon River XP-SWMM model CONSULTANT shall acquire and review the XP-SWMM code used for the Goodlette-Frank Road Stormwater Outfall Improvements Modeling Update & Feasibility Engineering Study, and verify the existing and proposed conditions per the Gordon River SWMP. 1.5 Identification of Impacted Communities on Goodlette-Frank Road CONSULTANT shall locate/identify the Goodlette-Frank Stormsewer Tributary. CONSULTANT shall locate from technical reports and available mapping the contributing or tributary drainage areas hydraulically connected to the Goodlette-Frank ditch via an overland connection or stormsewer system (The current Goodlette-Frank Stormsewer XPSWMM model does not include tributary connections). CONSULTANT shall locate hydraulically connected repetitive loss properties and flooded roads. CONSULTANT shall research the available FEMA/LMS and County CRS technical literature and reports to identify the location of repetitive loss properties in the project area for which flood damage claims have been filed with FEMA. The assessment shall also include the hydraulic connection of the sites to the Goodlette-Frank ditch for BC analysis. Task 1 Deliverables • PDF files of all record drawings collected • Any pre -application meeting notes from meetings with regulators • Report on any Meetings for Inter -Agency or Inter -Jurisdictional Meetings • Notes on Meetings with Utility Providers • Update on Proposed Schedule for HMGP Application Submittal • Update on Design Schedule • Report on Identification of impacted Communities TASK 2 —FIELD DATA COLLECTION 2.1 Coordination of Field Topographic Survey Data Collection CONSULTANT shall coordinate in the field with its Subconsultant the location and scope of the backpack and Mobile LiDAR data collection for the ditch alignment and for the adjacent ditch tributary areas to be used for FEMA/HMGP BCA purposes. A project baseline for topographic surveying shall be selected in consultation with the County Project Manager. CONSULTANT shall likewise coordinate and verify in the field with its Subconsultant, the location and scope of the Subsurface Utility Engineering (SUE) data collection along the ditch alignment, culvert crossings and for the adjacent ROW areas. 2.2 Collection of Field Topographic Survey Data Establish Project Control The Horizontal project datum shall be NAD'83, State Plane Coordinates, Florida East Zone and the Vertical project datum shall be NAVD'88. The Consultant/Subconsultant shall: • Recover existing published horizontal and vertical control. • Set project control points at 1,000 intervals along the Goodlette-Frank ditch project area. The neighborhood project areas will not have hard control points. Check points will be selected and observed to verify vertical accuracies in the neighborhood areas. • Establish horizontal control values using GPS methods via double occupation. • Establish vertical control values using digital leveling methods (approximately 3 miles of leveling). Establish West Right -Of --Way Of Goodlette-Frank Road And The Adjacent Private Property Lines The west right-of-way line of Goodlette-Frank Road must be established and monumented as this boundary is the west boundary of the ditch project. The Consultant/Subconsultant shall: • Recover and survey the controlling right-of-way monuments. • Set any missing right-of-way corner locations. • Recover and survey the controlling corners of the adjacent private property parcels. • Map the westerly right-of-way of Goodlette-Frank Road and show the adjacent private property parcels relative to the road right-of-way. Obtain Information In Obscured Areas In The LiDAR Data Set LiDAR point clouds will contain features or surface areas that are obscured because of vegetation, physical obstructions, etc. The Consultant/Subconsultant shall: • Obtain Pipe, Culvert or Other Structure pipe sizes, material types and inverts • Survey any obscured fences, walls, elevations, etc. The results from the LiDAR data collection will be acceptable and no obscured areas will be required to be separately collected. Establish the Survey/Construction Baseline along the westerly lane of Goodlette-Frank Road Establish Baseline along the Goodlette-Frank Ditch, at a location that will minimize the risk for being disturbed during construction. The Consultant/Subconsultant shall: • Set baseline points every 1,000 and at any changes indirection. • Tie the survey baseline points to project control. Provide Project Quality Assurance Review and check project LiDAR data collection along Goodlette-Frank Road and in the neighborhood areas. The Consultant/Subconsultant shall: • Field review the Goodlette-Frank Road LiDAR mapping. • Field review the neighborhood elevations (road centerline and finish floor elevations). • Perform vertical check points along Goodlette-Frank Road ditch • Perform selected vertical check points in the neighborhood areas. • Review and check right-of-way map Project Management Provide management of the overall progress, resources and schedule for the Surveying, Mapping, SUE and LiDAR services. The Consultant/Subconsultant shall: • Attend up to one (1) meeting with Collier County staff. • Coordinate Survey, SUE and LiDAR activities and timing of related project deliverables. Terrestrial Mobile LiDAR Planning and Setup Provide Pre -Collection Procedures and Planning. The Consultant/Subconsultant shall: • Provide Base Station Planning and Setup —Evaluate the optimal locations to setup a GPS base within approximately 6 miles of the collection area. If setting up abase station is not available or feasible for the project, a CORS station will be sought out and used. • Provide Inertial Measurement Unit (IMU) Calibration —A static and dynamic alignment of the IMU will be performed prior to the collection to ensure the positional data is accurately recording and synchronized to the system. Static alignment consists of a stationary baseline reading from the unit. A Dynamic calibration will be performed driving the vehicle at varying speeds and multiple turns. • Provide Scanner Boresighting — In a single sensor setup, the scanner will be activated and calibrated to the timing and positional information coming from the system. This will ensure that there are no positional or angular distortions occurring when incorporating mobile mapping for this project. A second profiler will be added and a calibration collection performed to calibrate the second sensor to the first sensor. Consultant/Subconsultant 'Will utilize two terrestrial LiDAR collection methods to fully capture the Goodlette-Frank Road Ditch and adjacent subdivision. Consultant/Subconsultant shall: Goodlette-Frank Road Ditch Mobile LiDAR Terrestrial mobile LiDAR sensor mounted on a subconsultant vehicle will be used to collect the ditch from the closest South bound westernmost traffic lane and turn lanes for maximum Line of Sight. In addition, subconsultant will utilize the pedestrian LiDAR backpack system to walk the East bank of the ditch to ensure the East bank of the ditch as well as the ditch bottom and West bank is captured. A Digital Elevation Model (DEM) for the ditch will be generated. The information extracted from the LiDAR data includes: storm and gravity sewer structures, all trees east of the ditch regardless of size, all trees west of the ditch with greater than 6" MBD. No exotic or invasive species will be extracted from the LiDAR point cloud. Adjacent Subdivision Areas Mobile LiDAR Terrestrial mobile LiDAR will also be used to collect the streets and houses in the adjacent subdivision areas as identified by CONSULTANT. The approximate number of structures in these areas is 150. The horizontal and vertical positions of the collected LiDAR data will be based on the LiDAR sensor IMU. Check shots captured at distributed locations within the LiDAR data set to ensure elevation accuracy of the point cloud. The centerline of the roads will be captured in the LiDAR point cloud. The first -floor elevation of the dwelling will be captured at the front door. No obscured roadway or first -floor elevations will be manually collected. Base Map Preparation Prepare a topographic survey base map in AutoCAD of the areas collected. • Show field information and extracted features from LiDAR point clouds. o The base map information will include storm and gravity sewer structures with a unique structure number, pipe size, pipe material type, inverts and top or rim elevations in a table. o Unique symbols will be used for each type of tree and the symbols contained in a legend. The trees information will be placed in a table containing a unique tree number and the tree diameter. • Provide the services of a Florida licensed surveyor and mapper to perform the necessary work in accordance with the State of Florida Surveying and Mapping standards according to 5J47, of the Florida Administrative Code and Chapter 472,027, Florida Statutes. 2.3 Collection of Subsurface Utilities Engineering (SUE) Data Survey The following SUE Scope of Services Applies to the Goodlette-Frank Ditch Alignment from Pine Ridge Road to Golden Gate Parkway: ASCE Quality Level D -Utility Records Research • Contact &Compile utility records, as-builts or drawings available from existing facilities within the project area as obtainability may vary from UAO sources. CONSULTANT and Subconsultants shall be entitled to rely on the completeness and accuracy of all information provided by these UAOs. • Field Review of project area and depiction of said utility records received for accuracy of overall project map or KMZ to be provided. • Consultant/Subconsultant shall draft and/or CADD utility map for review by the FOR for preparation of design drawings including utility records gathered. ASCE Quality Level C -Update Quality Level D Utility Map With Survey • Recover, set or establish NGS horizontal and vertical control points or benchmarks along project limits, corresponding to existing baseline. • Consultant/Subconsultant to incorporate survey data onto CADD utility map. • Provide survey report outlining surveying services provided in accordance with Rule 5J47, Florida Administrative Code, pursuant to Chapter 472.027 of the Florida Statutes. • Horizontal datum shall be NAD83, and the vertical datum shall be NAVD88. ASCE Quality Level 8 -Utility Designation • Consultant/Subconsultant will enhance Quality Level C & D data as base with addition of Quality Level B Data. • Consultant/Subconsultant to provide an ASCE 38-02 Quality Level B (QLB) utility investigation (utility designation) for 2 miles x 7 identified utilities (13 UAOs) = approximately 14 utility miles along west side of Goodlette Road in order to flag/mark the existing discoverable underground utilities in conflict with proposed ditch improvement design. • This QLB includes direct induction of toneable subsurface utility facilities from surface accessible features, and Ground Penetrating Radar sweep for non-toneable facilities. Mark detected facilities with American Public Works Association (APWA) compliant colors; flags and water- based paint on soft ground and washable chalk on hard surfaces. Existing utilities include water, gas, electric, communication, force main, and lighting, however, does not include irrigation or other small water lines under 4". • Survey is included to map all SUE findings only, surveying services will be in accordance with Rule 5147, Florida Administrative Code, pursuant to Chapter 472.027 of the Florida Statutes. • Update survey report outlining surveying services provided in accordance with Rule 51-17, Florida Administrative Code, pursuant to Chapter 472.027 of the Florida Statutes. ASCE Quality Level A -Vacuum Excavation • Consultant/Subconsultant will enhance the Quality Level B data with adding Quality Level A data. • FOR and Consultant/Subconsultant will determine where Quality Level A test Holes will be performed based on the Quality Level B data impact analysis. • Consultant/Subconsultant will provide an ASCE 38-02 Quality Level A (QLA) field investigation within the project limits, anticipating up to ten (10) vacuum excavation test holes as needed at locations within the project area; 2.4 Coordination of Geotechnical Sampling and Testing Data CONSULTANT shall coordinate in the field with its subconsultants on the location and scope of the geotechnical investigations. CONSULTANT and geotechnical subconsultants shall select the location of Standard Penetrating Test (SPT's) along the ditch alignment. 2.5 Collection of Geotechnical Data To determine the geotechnical characteristics ofthe native/existing soils, subsurface conditions at the site will be explored with four (4) Standard Penetration Test (SPT) borings to a depth of 26 feet below the existing surface. Consultant/Subconsultant shall: • Obtain the required test boring permit(s), • Contact -Call Sunshine for locating underground utilities, • Locate on -site underground utilities in project area, • Locate the borings in the field and provide ground elevations, • Mobilization of drill rig to the site, • Drilling four (4) soil SPT borings to a minimum depth of 26-feet below existing grade near the west bank of the existing ditch (actual boring locations will be based on field conditions and existing utility locations), • Obtain representative samples from soil borings, • Grout soil borings in accordance with local and state requirements and cold patch any borings completed through the roadway, • Completing corrosion series testing (pH, Resistivity, Chloride, and Sulfate Content) on five (5) soil samples collected from each soil boring and on five (5) water samples collected from ditch, • Completing laboratory moisture content, organic content, grain size, and percent fines testing on selected soil samples to assist in refining soil classifications and design values, • Perform stratification of the borings by a geotechnical engineer, • Perform data analysis. Prepare a Geotechnical Engineering Report summarizing the findings and presenting: • Boring logs representing the encountered subsurface material, • Boring location plan depicting the relative location of the borings, • Results of the laboratory testing, • Description of the encountered soil/rock and groundwater, including estimated high season groundwater level, • Geotechnical engineering recommendations for slope armament construction, • Unit weight, friction angle, cohesion, saturated soil unit weight, passive earth pressure coefficient of encountered soils, • Recommendations for monitoring and testing during construction. 2.6 Slope Stability Testing The Goodlette-Frank Road Ditch Pilot Project indicated that 1.5V:1H side slopes were feasible and recommended the application of this slope for installation of armoring along the remainder of the ditch. The Slope Stabilization Geotechnical Engineering consultant shall perform the following geotechnical design services to support the design team. • Drill Two (2) soil SPT borings to a minimum depth of 26-feet below existing grade near the west bank of the existing ditch (actual boring locations will be based on field conditions and existing utility locations), • Perform slope stability analysis using SPTsoils data and ditch cross sectional and H&H water levels to be provided by CONSULTANT, Slope stability analyses shall be performed on a maximum of two (2) typical ditch cross -sections (1.5: 1 or 1.75:1) with a maximum of two (2) different slope stabilization alternatives (One shall be HydroTurf Z which was used in a Pilot Project along the Goodlette-Frank Road), for a maximum of two (2) water levels (normal operating levels and a 25-year flood). CONSULTANT will provide the required water surface levels for the testing. All these sections shall be analyzed for applicable piezometric conditions of steady state, end of construction and steady state rapid drawdown. Output from the slope stability calculations shall be presented as post processing ditch cross sections with critical failure surfaces shown with corresponding minimum factors of safety. Embankment Slope Stability will be established by stability analyses of embankment soils for the proposed ditch bank site using the computer model SLOPE/W or similar. The design criteria of the United States Army Corps of Engineers (USACE) Design Manuals slope stability analysis model evaluations per procedures described in EM 1110-24902 "Slope Stability", will be applied for embankment slope stability Factors of Safety (FOS) determination. The minimum required factors of safety for each embankment design case are as follows: • Design Case Factor of Safety End of Construction (1.3) • Design Case Factor of Safety at Normal Pool Level (1.5) • Rapid Drawdown from Surcharge Pool (1.1) as 2 Deliverables • Digital Elevation Model (DEM) —An elevation model of the ditch will be generated from LiDAR. Cross sections will be generated every 50ft along the length of the ditch projectarea. • Point cloud data in LAS format will be provided for the subdivision areas. Base mapping of the subdivisions is not included. • A signed and sealed survey report outlining items such as the intended use of the survey information, the means and methods used, accuracy attained, etc. • DWG file and test -hole data sheets with the obtainable data; digital photos, survey data, utility description, depth, size, type, direction, and material of the facility. • Utility CAD File (DWG) with the obtainable data; provide detailed notes, utility description, type, direction of the facility. • Geotechnical Engineering Report with Soil Boring Logs and Test Results • Slope Stability Testing Results and Geotechnical Recommendations TASK 3.0 BASIS OF DESIGN REPORT (30 PERCENT) 3.1 Existing Site Features and Utilities Basemap Development CONSULTANT shall apply the topographic (mobile LiDAR), planimetric, GIS and AutoCAD data to create a project AutoCAD Civil 3D basemap. The basemap shall be applied for cross section development to be used in 1& 2D H&H modeling and for ditch geometric design. 3.2 XPSWMM Modeling of Existing and Proposed Improvements Per Gordon River SWMP Once CONSULTANT has completed the acquisition, review and reproduction of the XPSWMM code used for the Goodlette-Frank Road Stormwater Outfall Improvements Modeling Update & Feasibility Engineering Study, CONSULTANT shall: • Update the model with new cross sections to be generated from the existing conditions Digital Elevation Model (DEM) along the project limits ditch alignment. • Select boundary conditions for the 1-21) XPSWMM model component • Code selected stormsewer systems for Ditch tributary areas to be used for FEMA/HMGP BCA H&H analysis. • Verify existing condition calibrated model for Hurricane IRMA rainfall storm event (i.e. Time series of Hurricane Irma precipitation data shall be used with the calibrated model to reproduce documented 2017 IRMA flooding depths in study area watershed). 3.3 Encroachment Identification and Analysis Visual ROW encroachments documented during topographic survey activities shall be verified through the analysis of the mobile LiDAR data taken along the Ditch alignment (it radiates 300 feet from vehicle and paints any structures including fences, buildings, plants, shrubs, and trees). Encroachments shall be incorporated in Civil 3D project basemap. 3.4 Development of Proposed Ditch Profile, Sections and Baseline Per the project baseline selected in Task 2.1, and the continuous Ditch bottom invert and Ditch cross sectional area acquired with the terrestrial mobile LiDAR data, CONSULTANT shall develop a Digital Elevation Model (DEM) of the Ditch alignment. An existing condition Ditch profile shall be generated. A proposed condition, per the preliminary study (and Pilot Project recommendations with cross sections at 1.5V:1H) shall also be generated for each Ditch segment of analysis. Existing constraints (encroachments, utilities) shall be identified for achieving the target cross sectional areas (H&H modeling) and required 6 ft maintenance, access and buffer area. 3.5 Development and Analysis of Box Culvert Replacement Plans CONSULTANT shall review and assess the topographic and SUE data acquired for the three (3) proposed culvert crossings of the ditch. Possible design and construction constraints for implementation of 12' x 5' concrete box culvert replacements including traffic light poles, electrical boxes, and utilities shall be identified and noted on the 30% plans. 3.6 Construction Sequencing and Maintenance of Traffic Evaluation The Pilot Project experience and lessons learned, the physical site constraints, and the type of Ditch armoring selected for implementation shall be considered in the construction sequencing and Maintenance of Traffic (MOT) requirements. MOT shall also be evaluated in detail for the 22nd Street closure for culvert replacement as this is the primary access for the adjacent High School facility. 3.7 Utility Coordination and Planning for Potential Relocations with Providers Per the results of the SUE assessment and the proposed ditch alignment, any required relocation of utilities shall be coordinated and planned with utility providers for feasibility, cost and timelines of implementation. 3.8 Engineers Opinion of Probable Cost CONSULTANT shall prepare a preliminary (30%) Engineers Opinion of Probable Cost (EOPC) for all direct, indirect, fixed and variable costs pertaining to the specific project. This shall include: General (Mobilization, bonding, insurance, MOT, As Built Record drawings, NPDES Permitting, Professional Audio/Video of Construction site), Roadway and sidewalk Reconstruction, Stormwater/Drainage (removal/replacement of existing inlets, pipes, headwalls, manholes, culverts, ditch armoring, stabilization armoring), Sanitary/Water Utilities relocation, Other Utilities relocation (cable, phone, gas), Miscellaneous (Clearing & grubbing, demolition, landscaping, irrigation, street lighting), Allowances (Undefined, underground conditions allowance), Construction contingency and Construction Administration 3.9 Basis of Design Report Development The Basis of Design Report Development shall consist of the following activities: A) Site Investigations (Topographic surveys, Geotechnica) survey, , Tree / vegetation removal plan, structures assessment and removal/replacement plan, Permitting requirements of the FDEP, USACE, Collier County/ City of Naples, FDOT); B) Design Criteria Development; C) Hydraulic Analysis; D)Project Layout and Evaluation of Ditch cross sectional area and armoring options; E)Project Features; F)Opinion of Probable Construction Cost (including a 50-year life cycle cost analysis of operations and maintenance costs based on conceptual designs; G)Identification of Regulatory/Permit Requirements; H)Electronic copies of Model Input and Output files. The BODR shall be used in conjunction with the results from the H&H modeling and Ditch Conveyance Capacity analysis to determine the type of ditch bank restoration, the optimum locations) and depths) for ditch realignment to meet a 4 to 6 ft maintenance buffer requirements, and provide adequate restoration of right-of-way for future maintenances and operations to support the preparation of the 60% Intermediate and 100% Final Design Plans and Specifications. The BODR shall contain an Executive Summary, an explanation of the project, concise summary of key points within the BODR, summary of design criteria to be used for project with references to USACE or SFWMD standards, design Engineer work product results, impacts and benefits of project to local area, items that need further resolution, discussion regarding project schedule and costs with respect to Collier County Capital Project/ FEMA/HMGP grant milestone dates and previously identified project costs. Task 3 Deliverables • Basis of Design Report (BODR) • Conceptual Plans, Profiles and Sections TASK 4.0 ENGINEERING DESIGN (60 PERCENT) 4.1 Preparation of 60°° Ditch Stabilization Plans, Profile and Sections Sheets Per the project baseline selected in Task 2.1, and the continuous Ditch bottom invert and Ditch cross sectional area acquired with the backpack mobile LiDAR data, CONSULTANT shall develop a Proposed Ditch centerline profile. Cross sections with stabilization shall also be generated for each Ditch segment of analysis. Plan sheets shall be developed with matchlines and a sheet key. 4.2 Detailed Design for Culvert Replacements Plans CONSULTANT shall design the box culvert replacements per FDOT standards for precast box culvert structures including endwalls and wingwalls for proper merging with the upstream and downstream channel side slopes. Plans shall indicate the layout in plan, profile and section. Construction details and notes shall also be provided. Preliminary traffic control plan and notes shall also be provided. 4.3 Detailed Design Plans for Utility Relocations As Needed Per the results of the SUE investigation and the proposed centerline and cross sections of the proposed ditch geometry, should it become necessary to relocate utilities, CONSULTANT shall provide the required relocation design plans in coordination with utility providers and standard details for said providers. 4.4 Detailed Design Restoration Plans A detailed planting and restoration plan shall be prepared for post -construction restoration including, sod, trees and plantings per the County's landscaping and Right of Way requirements. 4.5 Detailed Design of Traffic Control and Detours For the Goodlette-Frank Ditch stabilization, as well as at the two culvert replacements at 26t" and 22"a Ave, Consultant/Subconsultant shall provide a. • Level I Traffic Control Plan • School Zone Coordination • Pedestrian Traffic Control Plan Analysis • In -Person Field Reviews • Traffic Control Plan General Notes Sheet • 22"a Ave Detour Sheet and 26t" Ave Detour Sheets • Local Access/Miscellaneous TCP Details Sheets Lane Closure Analysis of Goodlette-Frank Road isexcluded. 4.6 Development of Technical Specifications, Measurement and Payment CONSULTANT shall prepare the technical specifications package including a Measurement and Payment specification for the ditch improvements project. 4.7 Utility Coordination with County and Providers for Relocation Plans and Sequencing Through the 60% design, CONSULTANT/Subconsultant shall maintain contact with utility providers in relation to any proposed utility relocations should it be necessary to accommodate the proposed ditch centerline alignment. Any sequencing issues shall be identified during the 60% design with providers. 4.8 Prepare 60°° Engineers Opinion of Probable Cost CONSULTANT shall prepare a 60% engineer's opinion of probable cost estimate for the construction scope of work. Task 4 Deliverables • 6001. Plans, Profile and Sections • Culvert Replacement Plans • Utility Relocation Plans • Restoration Plans • Technical Specifications Package • Engineer's Opinion of Probable Cost TASK 5.0 HMGP BCA RATIO ANALYSIS AND SUPPORTING DOCUMENTATION 5.1 Prepare HMGP Benefit Cost Ratio Analysis and Supporting Documentation for FDEM CONSULTANT shall prepare a Benefit Cost Ratio Analysis that shall include a Benefit/Cost Analysis EXCEL Worksheet that shall be populated for before and after mitigated damages at selected buildings and road locations using the results of the before and after XP-SWMM H&H model. The BCA version 6 public software shall also be used to prepare a draft BC ratio prior to submittal to the Florida Department of Emergency Management (FDEM). CONSULTANT shall apply the information from the XP-SWMM Hydrologic -Hydraulic model simulations generated as part of the 2017 Gordon River Master Plan projects with recommended design features (improved channel, culvert upgrades, etc.). CONSULTANT shall acquire the 2017 Existing Condition XPSWMM project model and update the model with acquired terrestrial Mobile LiDAR surveying data for the ditch (Cross sections and bottom ditch alignment). The model will then be recalibrated/verified to determine (documented) Hurricane Irma flood depths at specific locations in the study area. The pre -project (existing) condition will be modeled to identify structures and roadways flooded during Hurricane IRMA. CONSULTANT shall review the Special Flood Hazard Area Zones AE and AH along the low-lying western boundary ofthe project between Pine Ridge Rd and Golden Gate Pkwy. CONSULTANT shall also document the location of the repetitive loss properties along the DFIRM areas (or elsewhere in the study area). CONSULTANT shall model the 2, 5, 10, 25, and 100-year storm events for the existing and proposed conditions to populate the BCA Excel spreadsheet. Task 5 Deliverables • Draft BC Ratio submittal for FDEM • Draft BCA Ratio Excel Worksheet TASK 6.0 PERMITTING 6.1 SFWMD Pre -Application Meeting at Project Initiation CONSULTANT shall schedule a Pre -Application Meeting with the South Florida Water Management District (SFWMD) at Project Initiation to address any concerns and/or requirements of the project design phase (Phase 1) that may impact Phase 2 project construction implementation. 6.2 Preparation of SFWMD Dewatering Permit at 60°° Design CONSULTANT shall also address any SFWMD dewatering permit requirements, as applicable. 6.3 Preparation of SFMWD Environmental Resource Permit at 60°° Design CONSULTANT shall prepare an online Environmental Resource Permit (ERP) application for the project and associated mapping, exhibits and H&H model documentation. 6.4 Preparation of USACOE Nationwide Permit at 60°° Design (No impact Nationwide) The project ditch is not a navigable waterbody but it has a downstream connection to waters of the state and the U.S.A. CONSULTANT shall consult with the USACE staff and prepare a no impact Nationwide permit notification. 6.S Preparation of Historic Preservation Permits (FDEP) The FEMA/HMGP application requires that a Tribal consultation be prepared for the grant. CONSULTANT shall provide historical assessment data to expedite the grant review and approval. 6.6 Respond to RAIs from All Local, State and Federal Agencies CONSULTANT shall address and respond to any regulatory Request for Additional Information (RFI's). Task 6 Deliverables • Pre -Application Meeting Notes for All Agencies • Ready to File Permit Applications for SFWMD, ACOE, FDEP, Collier Co., City of Naples and all other relevant agencies TASK 7.0 FINAL ENGINEERING DESIGN (100 PERCENT) 7.1 Finalize Ditch Stabilization Plans, Profile and Sections Sheets CONSULTANT shall issue signed and sealed 100% plans, profiles and sections for the Proposed Ditch centerline profile. Final 100% complete cross sections with stabilization shall also be submitted for each ditch segment proposed for stabilization. Final 100% plan sheets shall be submitted with matchlines and a sheet key. 7.2 Finalize Design for Culvert Replacement Plans CONSULTANT shall finalize the design of box culvert replacements per FDOT standards for precast box culvert structures including endwalls and wingwalls for proper merging with the upstream and downstream channel side slopes. Final plans shall indicate the layout in plan, profile and section. Final construction details and notes shall also be provided. Final traffic control plan and notes shall also be provided. U Finalize Design Plans for Utility Relocations As Needed CONSULTANT shall provide the required final relocation design plans and coordinate final sequencing of construction with utility providers and standard details for said providers. 7.4 Finalize Design Restoration Plans A finalized detailed planting and restoration plan shall be prepared for post -construction restoration including, sod, trees and plantings per the County's landscaping and Right of Way requirements. 7.5 Finalize Technical Specifications, Measurement and Payment Sections CONSULTANT shall finalize the complete 100% design, technical construction specifications package including a Measurement and Payment specification for the ditch improvements project. 7.6 Final Coordination with County and Providers for Relocation Plans and Sequencing CONSULTANT shall coordinate with utility providers in relation to the final proposed utility relocations plans should it be necessary to accommodate the proposed ditch centerline alignment. Any sequencing issues shall be finalized with providers. 7.7 Finalize Engineers Opinion of Probable Cost CONSULTANT shall prepare a 100%final engineers' opinion of probable cost estimate for the construction scope of work. 7.8 Prepare Submittal for HMGP Grant Deliverable for FDEM with Supporting Documentation CONSULTANT shall assist the Collier County with the preparation of a FEMA/Hazard Mitigation Grant Program (HMGP) application and supporting documentation. This shall include. • A FEMA/HMGP Application for the IRMA Hurricane NOFO • All required supportive attachments and exhibits • A Flood Control — Drainage Improvement Worksheet • A Benefit/Cost Analysis EXCEL Worksheet with all supporting H&H modeling results for before and after mitigated damages • Mapping documentation of avoided Damages properties • Copies of SFWMD ERP's & USACE Nationwide permit (letter of no impact) • Other supportive exhibit documentation (LMS letter of support, Archeological/Tribal analysis reports, etc) 7.9 Prepare Submittal for Final Bid Package with Bid Set Plans, Permits and Specifications CONSULTANT shall prepare a complete ready -for -procurement project bid package complete with conformed signed and sealed plans, permits, specifications and bid form. Task 7 Deliverables • 100% Signed and Sealed Plans • Permits, Specifications and Bid Form Excel Sheet • Any relevant sealed engineering reports (geotechnical) or other data and materials relevant to the bid package and contractor procurement process TASK 8.0 PRE -CONSTRUCTION SUPPORT 8.1 Provide Support for RR Response during Bidding CONSULTANT shall provide responses to contractor RFI's during the contractor procurement process. 8.2 Attend Pre -Bid Conference and Provide Written Addenda CONSULTANT shall prepare written addenda as needed during the contractor procurement process. 8.3 Review Bid Submissions and Provide Written Recommendation of Award CONSULTANT shall provide a written recommendation of award following review of submitted contractor bid responses during the contractor procurement process. Task 8 Deliverables • RFI Responses as needed or directed by County • Written Addenda as directed by County • Written Recommendation of Award TASK 9.0 PUBLIC INFORMATION AND COMMUNITY OUTREACH 9.1 Coordination and Management of Public Information and Outreach Efforts CONSULTANT shall coordinate public outreach efforts for the project design phase with the team's public information Subconsultant, as well as with the County's Public Information Coordinator, or assigns. The efforts shall include an initial notification of projects activities to conform to the FEMA/HMGP public notification requirements, and a 60% Public Open House Meeting to present to stakeholders the selected design alternative. CONSULTANT shall also provide project exhibits for public meetings. 9.2 Initial Public Outreach and Project Planning Consultant/Subconsultant shall meet initially with the project team and County to strategize together on project planning with regards to the public and affected parties. Both will coordinate activities to pro -actively notify the public. Consultant/Subconsultant shall attend project progress meetings to obtain the most upAo-date information from the CONSULTANT on the status of the project. 9.3 Design Public Involvement Activities Prepare Mailing List Database Consultant/Subconsultant shall identify residents and businesses in the project area, permit and review agencies, property owners and tenants adjacent to and other interested parties that may be designated by the County and prepare a mailing database of all such entities. The database will be added to and/or updated on an as -needed basis. Prepare Email Database Consultant/Subconsultant shall develop a comprehensive email database for all elected officials, agencies, property owners, tenants, and interested parties. The databases will be added to and/or updated on an as- needed basis. Project Kick -Off Newsletter Consultant/Subconsultant shall prepare a project kick-off newsletter addressing frequently asked questions for distribution to elected officials, public officials, property and business owners, stakeholders and other interested parties. The newsletters will be sent by the Consultant/Subconsultant. Prepared in English and Spanish. Project PowerPoint Presentation Consultant/Subconsultant shall develop a project PowerPoint Presentation to be used for meetings and shall assist with the PowerPoint Presentation. Communicate &Coordinate Onsite Visits With Affected Parties Consultant/Subconsultant shall schedule and attend onsite meetings with property owners/tenants to discuss their concerns. 9.4 Design Public Meetings Secure Meeting Sites The Consultant/Subconsultant shall coordinate with County staff and investigate potential meeting sites to advise the County on their suitability. The County shall pay all costs for meeting site rentals. Newsletters (2J The Consultant/Subconsultant shall prepare a newsletter for distribution to elected officials, public officials, property owners along the corridor, review committee members and other interested parties. The newsletters will be sent by the Consultant/Subconsultant. Prepared in English and Spanish. Prepare Press Release For Public Meetings The Consultant/Subconsultant shall provide press releases announcing the public meeting. Prepared in English and Spanish. Prepare Advertisements (Legal AdJ (2) The Consultant/Subconsultant shall prepare a public information meeting advertisement to be placed in the Naples News, prepared in English and Spanish. The County shall pay all costs for public advertisements. Develop &Prepare Meeting Materials The Consultant/Subconsultant shall prepare the necessary materials for use in public meeting including materials such as hand-outs, scripts or agenda for presentation, graphics for presentations (mounted on easels or boards for display), exhibits of plans and summary report(s) for the public display, prepared in English and/or Spanish. Attend, Setup And Breakdown At Public Information Meetings (2) The Consultant/Subconsultant shall schedule and attend two (2) public meetings, assisting with meeting setup and breakdown. 9.5 Develop And Maintain Project Webpage -English The Consultant/Subconsultant shall prepare and maintain a project webpage to provide information on project events, construction progress maps and status. The Consultant/Subconsultant will provide a page to respond to questions and solicit email for a list of interested stakeholders in order to provide progress and/or informational electronic mailings. 9.6 Small Group Meetings The Consultant/Subconsultant may be required to attend small group or one-on-one meetings including stakeholders, homeowner's associations, civic and business organizations. 9.7 Respond 8c Record Requests/Concerns From The Public At the beginning of the project, the Consultant/Subconsultant shall establish a telephone hotline and shall maintain and record all calls throughout the project. The Consultant/Subconsultant shall coordinate media responses with the County Public Information Coordinator, or assigns. Task 9 Deliverables • Project Kickoff Newsletter • Contact List Database for Email and Mailing • PowerPoint Presentations for two public meetings • Public Meetings (2) and associated Handouts and Meeting Materials • Prepared Public Advertisements for Publication (2) • Various Project Exhibits • Press Release(s) • Project Newsletters (2) • PowerPoint Presentation (1) END OF SCOPE OF SERVICES OPTIONAL TASK TO BE INCLUDED UPON REQUEST OF COUNTY TASK 10.0 ARCHAEOLOGICAL ASSESSMENT AND HISTORIC PRESERVATION 10.1 Assess Project Area For Archaeological and Historic Significance CONSULTANT shall coordinate with the Archeological and Historical Conservancy for project activities related to addressing a FEMA/HMGP Tribal Consultation requirement. Per this requirement the applicant must address the viability of Tribal Settlements in the Naples, FL area. CONSULTANT shall assist a local Archeologist, with any mapping of the project area and proposed construction plans required to perform the archeological assessment. Task 10 Deliverable • Archaeological Assessment of Project Site and Potential Impacts to Historic Preservation ifany. PART 3.0 OWNER RESPONSIBILITIES Provide CONSULTANT with any previous or current As -Built drawings for all areas within the project limits, as well other relevant property records, building permits and inspection documentation of any areas within the project limits. SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. Asa condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/ltemi Description 'Lump Sum Time :and Materials Not -To - Exceed 1.0 Discovery & Records Research $ $13,819600 2.0 Field Data Collection $155,855.00 $151184.00 3.0 Basis of Design Report (30 Percent) $ $ 95,576.00 4.0 Engineering Design (60 Percent) $ $1161625.00 5.0 HMGP BCA Ratio Analysis and Supporting Documentation $ $24,730600 6.0 Permitting $ $ 28,900400 7.0 Final Engineering Design (100 Percent) $ $ 64,482.00 8.0 Pre -Construction Support $ $21,828000 9.0 Public Information and Community Outreach $ 39,914.00 $13,904.00 Reimbursable Expenses $ $ 8,000.00 $ $ $ $ $ $ $ $ Total Lump Sum Fee $ 195,769.00 $403,048.00 $ 598,817.00 Total Time and Materials Fee GRAND TOTAL FEE Page 19 of 32 PSA_CCNA Single Project Agreement_Ver.4 AC? 13.2.2. ■1* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. Di *Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section 0.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreement_Ver.4 B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 3.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112,061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in wrng by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA_CCNA Single Project Agreement_Ver.4 ,C A€3 B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 22 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $238 Senior Project Manager $201 Project Manager $165 Senior Engineer $175 Engineer $136 Senior Inspector $117 Inspector $96 Senior Planner $164 Planner $130 Senior Designer $128 Environmental Specialist $136 Senior Environmental Specialist $156 Scientist/Geologist $115 Senior Scientist/Geologist $156 Marine Biolo ist/H dro eolo ist $133 Senior Marine Biolo ist/H dro eolo ist $169 Senior GIS Specialist $149 GIS Specialist $114 Clerical/Administrative $73 Senior Technician $102 Technician $83 Surveyor and Mapper $142 CADD Technician $95 Survey Crew - 2 Man $152 Survey Crew - 3 Man $185 Surve Crew - 4 Man $218 Senior Architect $177 Architect $148 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA CCNA Single Project Agreement_Ver.4 C�� Task/Item 1.0 12.0 13.0 14.0 SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days For Completion of Task Description from Date of Notice to Proceed Discovery &Records Research Field Data Collection Basis of Design Report (30%) Engineering Design (60%) 5.0 IHMGP BCA Ratio Analysis and Supporting Documentation 16.0 7.0 Permitting Final Engineering Design (100%) Pre -Construction Support 144 256 Fes: 312 326 Public Information and Community Outreach � 326 Page 24 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 of 32 PSA_CCNA Single Project Agreement_Ver.4 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? 0 Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation -Florida Statutory Requirements b. Employers' Liability -The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's AU k or Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑Yes No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑Yes 0 No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? � Yes El No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA_CCNA Single Project Agreement_Ver.4 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑Yes 0 No 16. Aircraft Liability coverage shall be carried by SUBCONSUL I r% in limits of not less than $5,000,000 each completion of the Services under this Agreement. Required by this Agreement? ❑Yes 0 No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? � Yes ❑ NoNot the CONSULTANT or the occurrence if applicable to the Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. Page 27 of 32 PSA_CCNA Single Project Agreement_Ver.4 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes 0 No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑Yes 0 No Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, underlying limit due to the payment of claims, the Umbrella primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? � Yes ❑ No in the event of the exhaustion of any policy will "drop down" to apply as A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PSA_CCNA Single Project Agreement_Ver.4 of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA_CCNA Single Project Agreement_Ver.4 Ak SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Water Resources Management Associates, Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Goodlette-Frank Ditch Improvements Design Services "project" is accurate, complete and current as of the time of contracting. BY: 0�_, " � TITLE PRESIDENT DATE: 6 - —2-LLi Page 30 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time Raul Mercado Senior Project Mana er / Senior Engineer 25% Michael Mercado Project Manager / En ineer 25% Andrew Mercado Engineer 25% Mons Cabezas Engineer 10% Raul Pellegrino Engineer 10% John Leslie Environmental Specialist 5% Connor Hadel CADD Technician 40% Inspector 15% Marissa Mercado GIS Specialist 5% Clerical / Admnistrative 5% Page 31 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE G Other: Federal Contract Provisions and Assurances following this page (pages ❑ this schedule is not applicable (Description) through 11 ) Page 32 of 32 PSA_CCNA Single Project Agreement_Ver.4 s EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM (HMGP) 97.039 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. The Hazard Mitigation Grant Program (HMGP) is generally governed by the following statutes and regulations: 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 2 C.F.R. §§200.318 through 200.326; Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") 0 44 C.F.R. Parts 7, 9,10,13,14,17,18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance document; o The Robert T. Stafford Disaster Relief and Emergency Assistance Act o State of Florida Administrative Plan for the Hazard Mitigation Grant Program EXHIBIT I -1 !'� EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records. (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Pursuant to 2 C.F.R. §200.3361 the right of access is not limited to the required retention period but lasts as long as the records are retained. Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,0001: Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicableI 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 EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES set forth in paragraph (1) of this section, in the sum of $27 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 County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and 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." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C.1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with 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. EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180, a contract award (2 CFR 180,220) must not be made to parties lies on the governmentwide Excluded parties List System in the System for Award Management (SAM). In accordance with the OMB guidelines at 2 CFR 190 that implement Executive Orders 12549 (3 CFR Part 1906 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235). "Debarment and Suspension." The Excluded parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Procurement of Recovered Materials (§200.323) (Over $10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c, At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www,epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (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. Domestic Preference for Procurements 200.322 (a) As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibition on Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200,216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: I. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or wbrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. (f) Definitions Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means the People's Republic of China. A t I i fi^neaequipment or services means— a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); b. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such equipment; or d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. Telecommunications equipment or services means telecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines, Internet, video surveillance, and cloud servers. EXHIBIT 1 - 9 �", EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Americans with Disabilities Act (Public Law 101-3361 42 U.S.C. Section 12101 et seq.). The Su Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. Energy Policy and Conservation Act (Pt. 200, App. II): The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). STATE PROVISIONS Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. Convicted or Discriminatory Vendors List: Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Immigration and Nationality Act (INA): The State of Florida will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INK)). The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the County of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or any state agency. Copyright, Patent and Trademark: If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the County shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the County shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the County to the State of Florida. EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. VendorlContractor Name Water Resources Management Associates, Inc. Authorized Signature EXH181T I - $ Attachment H Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, Water Resources Management Associates, Inc. of the Sub -Recipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR �Sigr�ature Raul Mercado, President � me arandTiitle 250 Tequesta Drive, Suite Street Address _ Tequesta, FL 33469 City, State, Zip EXHBIT i - 9 Vt Collier Goun� E3OCG w_____� ..u. Sub -recipient's Name H4393- LLUEMContrect'�lumber 4337-299-R _ FEMA Project h�wnber"�� ..__ EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Cf�LL1ER Ct�UNTY ANTICIPATED DISADVANTAGED, M1N0KI I T VIV0 tIV Un VETERAN PARTiCIRATICiN STATEMENT tivill be verified. Unverifabie statuses vAli require the PRIME to either provvde a revised statement or provide source documentation that validates a PRIME NAP+tE PRIPdSE FEdD NUPr1SER C47NTRAOT DOLLAR v.M6UP,'T Water Resources Management Associates, Inc. 65-0851392 TBD ISTHE PRIME A FLORIDA-CERTIFIED DISADVANT4GE€7, VETERAN y O is THE A.L'T'IVIW OF THIS CONTRACTS._ MINORiTYORWONA�ENBUSINESSEIITERPRISE? DBE? 0 N CONSTRUCTION? Y N (DBE. M5F. i'i'BE) OR HAVE A WALL DISADVANTAGED N18E? 0 N CON'SUL'TATIOtJ? O N 4USIfiESS BA CERTIFICATION FROM THE SMALL BUSINESS ADMINISTRATION? ASERVICE DI&ABLEOVETERAW %(BE? Y N OTHER? Y Q 50B SA? Y N IS Tti?5 SUBP«9155rOi°& A REVI5IOP#A 'Y REVISION 08E tAJVJBE SUBCONTRACTOR OR SUPPLIER. TYPE OF kVQRiC DR ETHNICITY CUDE SUBJSUPPLIER PERCEM OF CONTRACT I VETERAN NAME SPECIALTY ISee Be3owJ DOUAR AMC N 1 DOLLARS 11 ■ M/WBE (Cella Molnar &Associates, Inc. I Public Relations I NMW I TBD I TBD TC7TALS:I TBD I TBD NAtviE OF SUBMITTER DATE TTTLE OF 5U8MITTER Water Resources Management Associates, Inc. 03/05/2021 President EMAIL ADDRESS OF PRIME ISUBMiTTER) TELEPHONE NUMBER FAX NUMBER raul.mercado@wrmaeng.com (561) 529-2075 (561) 401-9385 NOTE: This information is usedto track and report anticipated DBEOF a>iBE participation inf=_deralEy-fiunded contracts. The anticipated DBE or MBE amount is irotuntar{ and xvill not become part of the contractual terms. Tt+is form must be subeltitted at time ai resxtonse to a solicitation. If and when awarded a county contrast, the prime :will be asked to update the information for the grant compliance fries. ETHNICITY CODE I31ack American BA HispanicA.merican HA Native American NA subcont. Asian American SAA Asian-PatiflcAmerican APA Nonwinoxivi womeni NNW tither: not of any other group listed 4 [iFA1419 ACCEPTED BY: COIITRACT C1i;FT� EXHIBIT I -10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION iTo be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] ceres, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 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. Water Resources Management Associates, Inc, Contractor (Firm Name) Signature of Contractor's r� d Official Raul Mercado, President Name and Title of Contractor's Authorized Official Date EXHIBIT I - 11 C' �O