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Agenda 07/27/2021 Item #16C 4
16.C.4 07/27/2021 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and approve a Lease Agreement with Streamline Wireless, LLC for use of space in a County owned communications equipment building at 1515 Benton Road. OBJECTIVE: To provide equipment space in a County owned communications equipment building at 1515 Benton Road for Streamline Wireless, LLC. CONSIDERATIONS: Streamline Wireless is developing a wireless internet service to serve customers in the Golden Gate Estates area. This agreement provides Streamline Wireless four square feet of equipment space in a County owned communications shelter and electrical service. Streamline Wireless is solely responsible for all other costs associated with their operation including a separate lease agreement with the tower owner at this location for their antenna systems. The initial term of the Agreement is three (3) years with two separate renewal terms of three (3) years each. Either party will be allowed to terminate at any time by providing the required written notice. The annual rent for the initial three-year term of occupancy will be $1,500 and shall be increased by three percent at the commencement of each subsequent three-year term. All utilities are the responsibility of the Lessee. The Lessee shall provide the County all required insurances as outlined in the Agreement. To comply with Florida Statute 125.38, a Resolution is required for the Board to declare that the communications equipment shelter space is not needed for County purposes and is, therefore, available for use by Streamline Wireless, LLC. The attached Agreement has been reviewed by the Information Technology Division Telecommunications Manager and Risk Management Division concerning insurance coverage at the subject property, and by the Office of the County Attorney for legal sufficiency. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The annual rent of $1,500 shall be paid in full within thirty days of execution of this agreement and on January 1 for all subsequent years. The annual rent shall be deposited into the 800 MHz IRCP Fund, 188-140480-362110. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The attached Lease Agreement has been reviewed and approved by the Office of the County Attorney for legal sufficiency. - RECOMMENDATION: That the Board of County Commissioners adopts the Resolution and approves the Lease Agreement and authorizes its Chair to execute both documents for Streamline Wireless LLC. Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Resolution 2021 (PDF) Packet Pg. 247 16.C.4 07/27/2021 2. CAO Stamped Lease 7.27 (PDF) Packet Pg. 248 16.C.4 07/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doe ID: 16358 Item Summary: Recommendation to adopt a Resolution and to approve a Lease Agreement with Streamline Wireless LLC for use of space in a County owned communications equipment building at 1515 Benton Road. Meeting Date: 07/27/2021 Prepared by: Title: Property Management Specialist, Senior — Facilities Management Name: Michael Dowling 06/24/2021 4:39 PM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 06/24/2021 4:39 PM Approved By: Review: Information Technology John Daly Additional Reviewer Public Utilities Operations Support Jennifer Morse Additional Reviewer Facilities Management Damon Grant Director - Facilities Public Utilities Operations Support Joseph Bellone Additional Reviewer Facilities Management Toni Mott Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Wells Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Mark Isackson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/25/2021 7:39 AM Completed 06/25/2021 9:23 AM Completed 06/25/2021 11:35 AM Completed 06/25/2021 3:06 PM Completed 06/29/2021 4:02 PM Completed 07/01/2021 9:58 AM Completed 07/01/2021 3:11 PM Completed 07/27/2021 3:41 PM Completed 07/27/2021 3:46 PM Completed 07/27/2021 3:46 PM Completed 07/27/2021 3:57 PM Completed 07/27/2021 4:31 PM 07/27/2021 9:00 AM Packet Pg. 249 16.C.4.a RESOLUTION No. 2021 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STREAMLINE WIRELESS LLC. WHEREAS, Streamline Wireless LLC (Streamline), desires to utilize space within a communications shelter owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located at 1515 Benton Road, Naples, FL. WHEREAS, the Lease Agreement provides for an initial three-year term with two automatic three-year renewals. The annual rent for the first year will be One Thousand Five Hundred Dollars ($1,500.00), with three percent (3%) annual increases. Both parties have the right to terminate at any time by providing the other party with written notice not less than ninety days prior to the intended termination date. WHEREAS, the Board of County Commissioners is satisfied that this property may be used by the Streamline and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners does approve the Lease Agreement between Collier County and Streamline Wireless LLC. 2. The Chairperson of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the Lease Agreement. This Resolution adopted this 22"d day of June 2021, after motion, second and majority vote. ATTEST: Crystal K. Kinzel, Clerk M. , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor, Chairperson ca a�2\ SI dy ^) Packet Pg. 250 16.C.4.b Lease # LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") entered into this day of , 2021, between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSOR", and Streamline Wireless LLC whose mailing address is 552 Bay Villas Lane, Naples, FL 34108 hereinafter referred to as "LESSEE". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a portion of a County owned communications equipment shelter located at 1515 Benton Road, Naples, FL, for LESSEE'S fixed wireless internet service operating from the commercial tower at this location, specifically: four (4) square feet of interior space for LESSEE'S equipment rack, hereinafter referend to as "Demised Premises," as further described in Appendix `A' which is attached hereto and made a part hereof this Lease. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of three (3) years commencing on the date in which the LESSOR executes this Lease. LESSEE is granted two (2) separate three-year renewals, provided it is not then in default of any of the provisions of this Lease, under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein. Said renewals shall be automatic unless either party exercises the termination process stated below. Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with ninety (90) days written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises, or any part thereof, to be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules ti or regulations of any public authority having jurisdiction over the Demised Premises. N M a) ARTICLE 3. Rent d a LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand M Five Hundred Dollars ($1,500.00) annually, due thirty days from execution of this lease and in subsequent years o due on January 1 each year thereafter throughout the life of this Lease, v If LESSEE elects to renew the Lease as provided for in Article 2 of this Lease the annual rent for each a renewal term shall increase 3% as outlined below. s Years 1-3 - $1,500.00 Years 6-9 $1,545.00 Year 9-12 $1,591.35 a Q Packet Pg. 251 16.C.4.b ARTICLE 4. Other Expenses and Charges LESSOR agrees to allow LESSEE to connect its equipment to LESSOR'S electrical service in consideration for the annual payment outlined in Article 3. LESSEE shall pay all other utility charges applicable to the Demised Premises including, but not limited to, if applicable, charges for water, telephone, or other communications services used, rendered, or supplied thereupon or in connection with the LESSEE'S use of the Demised Premises. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have forty-five (45) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after forty-five (45) days, there has been no response from LESSOR or its designee to said proposals or plans, and then such silence shall be deemed as a DENIAL to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdiction. All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSEE, its duly authorized agents, and employees, shall have twenty-four access to the Demised Premises for any necessary maintenance and repairs. Routine maintenance activities will be conducted during normal working hours excluding County holidays. LESSEE shall notify LESSOR'S agent prior to entering the Demised Premises. Collier County Ordinance 2004-52 requires fingerprints and background checks for all vendors entering County facilities. LESSEE'S duly authorized agents and employees must complete this process. LESSEE is obligated to escort any agent or employee that is not properly credentialed. a 014 Packet Pg. 252 16.C.4.b ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises or permit any other persons to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease unless a novation is expressly agreed to by LESSOR, The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. ARTICLE 8. Indemnily In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements moth at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved ti by the Collier County Risk Management Department, for not less than One Million Dollars and No/Cents ti ($1,000,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide N and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance J with the applicable State and Federal laws. The coverage shall include Employer's Liability with a minimum d limit of Five Hundred Thousand Dollars and No/100 Cents ($500,000.00) each accident. am Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida, v 34112, or by fax: (239)252-8876, or by email to MichaelDowlingkcolliergov.net, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior written notice E to Real Property Management in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereuponcc receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. a ovo Packet Pg. 253 16.C.4.b ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, including the removal of all solid, liquid, semisolid and gaseous trash and waste. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. ARTICLE 11. Default by LESSEE until: Notwithstanding anything in the Lease to the contrary, LESSEE shall not be in default under this Lease A. Failure to pay rent or other sums due under this Lease, fifteen (15) days after notice of default. B. In the case of any other default, thirty (30) days after receipt of written notice thereof of from LESSOR; provided, however, where any such default cannot reasonably be cured within thirty (30) days, LESSEE shall not be deemed to be in default under the lease if LESSEE commences to cure such default within said thirty (30) day period and thereafter diligently pursues such cure to completion, but in no event more than sixty (60) days after receipt of such notice. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other party: LESSOR: Board of County Commissioners c/o Real Property Management 3335 Tamiami Trail East Suite 101 Naples, Florida 34112 Copy to: Telecommunications Manager LESSEE: Streamline Wireless LLC Attention: Louis Elliott 552 Bay Villas Ln. Naples, Fl. 34108 0,4! ti N ti d a) J a E M 0 Q 0 c m E s V 2 a Packet Pg. 254 16.C.4.b ARTICLE 14. Surrender of Premises Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEE or authorized by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorney's fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment. ARTICLE 16. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S structure and accessories thereto. B. Not interfere with the operation and maintenance of any of the LESSOR'S systems or create a nuisance for LESSOR. C. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the State and/or the jurisdiction having authority over the Demised Premises. D. Subsequent to the effective date of this Lease, LESSOR will not grant a similar rental agreement for any radio M communication facility if such grant would in any way interfere with LESSEE'S communication equipment. ti ARTICLE 17. Radon Gas a� In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: J Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient �- quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. a ARTICLE 18. Extent of Liens E M All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for a improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the Packet Pg. 255 16.C.4.b interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20..Goveming Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: Crystal J. Kinzel , Clerk , Deputy Clerk AS TO LESSEE: DATED: WITNESS (signature) (print name) WITNESS (signature) (print name) Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Penny Taylor, Chairman STREAMLINE WIRELESS LLC. Jennifer A. Belpedio, Assistant County Attorney Louis Elliott, Manager °b� Packet Pg. 256 16.C.5 07/27/2021 EXECUTIVE SUMMARY Recommendation to approve the Second Amendment to Agreement No. 19-7650, "Golden Gate Golf Course Redevelopment Planning and Engineering," with Davidson Engineering, Inc., for professional planning and engineering services in the amount of $1,179,786.20, authorize the Chair to sign the attached amendment, and authorize any necessary budget amendments. OBJECTIVE: To continue professional planning and engineering services for the development and design of the Golden Gate Golf Course. CONSIDERATIONS: On December 10, 2019, the Board approved Agreement No. 19-7650 (the "Agreement"), "Golden Gate Golf Course Redevelopment Planning and Engineering," with Davidson Engineering in a time and materials amount not to exceed $684,666.50, for all initial professional services to include conceptual planning, design, community outreach, environmental consulting, site rezone, and transportation analysis (Agenda Item 16.17.11). The Agreement also reserved the right to award work for additional phases that could include schematics, permitting, construction, and other similar project needs, with additional phases to be negotiated based on the original hourly rate and subject to future Board direction to proceed. Davidson Engineering facilitated the Invitation to Convert process for the County and held the necessary Stakeholder Outreach Meetings required for this process. Site plans and options were presented to the Board following the final Stakeholder Outreach Meeting. On May 25, 2021, the Board approved a Long -Term Lease and Operating Agreement with CC BSG Naples, LLC ("BigShots") to operate and manage a twelve -hole public golf course on the former Golden Gate Golf Course property, to lease land for the construction and operation of a BigShots golf/entertainment facility to benefit the residents of Collier County, and support the overall redevelopment plan for the property (Agenda Item I LK). Due to Board initiated updates, site revisions, extended timelines, Community Outreach, site and transportation rezoning, new tasks have been added to the scope of services to include: utility design and permitting, landscape architecture services for the greenway, ALTA survey, coordination, concept planning and engineering review - civil golf course maintenance/club cart storage site buildings, SDP for civil golf course maintenance/club cart storage site buildings, permitting, golf course architect design development for the 12 hole course, design of the maintenance/club cart storage site buildings, and landscape architecture. The proposed attached Second Amendment includes: Phase 1 Task 11 Utility Design and Permitting in the amount of $15,000 Task 12 Landscape Architecture Services for the Greenway in the amount of $35,079 Task 10 10% General Allowance in the amount of $5,007.90 Phase 2 • Task 1 ALTA/Topograhic Survey in the amount of $19,623 • Task 2 Preliminary Coordination, Concept Planning and Engineering Review -Civil Golf Course Maintenance/Club Cart Storage Site Buildings in the amount of $45,048 • Task 3 Collier County SDP - civil Golf Course Maintenance/Club Cart Storage Site Buildings in the amount of $100,074 • Task 4 Golf Course Architect - Design Development - with Davidson's subconsultant, Nicklaus Design, in the amount of $515,020 Lump Sum Packet Pg. 257 07/27/2021 16.C.5 • Task 5 Architectural Design - Golf Course Maintenance / Club Cart Storage Site Buildings in the amount of $103,334 Lump Sum • Task 6 Full Landscape Architecture - Golf Course Maintenance / Club Cart Storage Site Buildings in the amount of $20,232 • Task 7 General Consulting / Coordination / Meetings - Civil in the amount of $50,005 • Task 8 10% General Allowance in the amount of $85,333.60 • Task 9 Reimbursables in the amount of $70,000 Phase 3 Task 1 Project Management, General Consulting, and Construction Administrative Services during construction in the amount of $60,027 Task 2 10% General Allowance in the amount of $6,002.70 Task 3 Reimbursables in the amount of $50,000 The work included in this amendment will allow for the development of the BigShots facility, golf course redevelopment, and the development of the necessary infrastructure for further site development. Approval of this item by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this item shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The budget for the Golden Gate Golf Course Project is provided in County Wide Capital Fund (301), Project No. 80412. The requested golf course redevelopment planning and engineering services amendment totaling $1,179,786.20 requires a budget amendment in the amount of $455,000 moving funds from Fund (301) reserves into Project No. 80412. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. RECOMMENDATION: To approve the attached Second Amendment to Agreement No. 19-7650, "Golden Gate Golf Course Redevelopment Planning and Engineering," for professional planning and engineering services in a not to exceed amount of $1,179,786.20 with Davidson Engineering, Inc., authorize the Chair to sign the attached Amendment, and authorize any necessary budget amendments. Prepared by: Margaret Bishop, P.E., Principal Project Manager, Facilities Management Division Geoff Willig, Senior Operations Analyst, County Manager's Office ATTACHMENT(S) 1. 19-7650DavidsonEngineeerin_Contract_20200211154225.483 X (PDF) 2. 19-7650_First Amendment fully signed(PDF) 3. Second Amendment w Exhibits Final 072721 (PDF) 4.2021-02-18 CONCEPT PLANS (PDF) Packet Pg. 258 16.C.5 07/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doe ID: 16287 Item Summary: Recommendation to approve the Second Amendment to Agreement No. 19-7650, "Golden Gate Golf Course Redevelopment Planning and Engineering," with Davidson Engineering, Inc., for professional planning and engineering services in the amount of $1,179,786.20, authorize the Chair to sign the attached amendment, and authorize any necessary budget amendments. Meeting Date: 07/27/2021 Prepared by: Title: Project Manager, Senior — Facilities Management Name: Margaret Bishop 07/02/2021 3:29 PM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 07/02/2021 3:29 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Facilities Management Damon Grant Director - Facilities Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Catherine Bigelow Additional Reviewer Procurement Services Sara Schneeberger Additional Reviewer Public Utilities Operations Support Tara Castillo Additional Reviewer Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Public Utilities Operations Support Jennifer Morse Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Budget and Management Office Ed Finn Additional Reviewer Public Utilities Department JenniferA Rainey Level 1 Division Reviewer County Attorney's Office Scott Teach Level 2 Attorney Review Public Utilities Department Drew Cody Level 2 Division Administrator Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer Completed 07/05/2021 7:48 PM Completed 07/06/2021 10:41 AM Completed 07/06/2021 12:18 PM Completed 07/07/2021 10:45 AM Completed 07/07/2021 10:46 AM Completed 07/19/2021 3:21 PM Completed 07/21/2021 5:28 PM Completed 07/26/2021 9:46 AM Completed 07/26/2021 3:41 PM Completed 07/26/2021 8:51 PM Completed 07/27/2021 8:21 AM Completed 07/27/2021 9:35 AM Skipped 07/27/2021 10:27 AM Completed 07/27/2021 10:34 AM Completed 07/27/2021 11:44 AM Completed 07/27/2021 1:58 PM Packet Pg. 259 16.C.5 07/27/2021 County Manager's Office Board of County Commissioners Mark Isackson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 07/27/2021 4:35 PM 07/27/2021 9:00 AM Packet Pg. 260 16.C.5.a PROFESSIONAL SERVICES AGREEMENT Contract # 19-7650 for Golden Gate Golf Course Redevelopment Planning and Engineering 0 CCNA ❑ NON-CCNA THIS AGREEMENT is made and entered into this !!' _ day of RTbQC , 201L 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 Davidson Engineering, Inc authorized to do business in the State of Florida, whose business address is 4365 Radio Road, Suite 201, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR") WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Golden Gate Golf Course Redevelopment Planning and Enginnering (hereinafter referred to as the "Project"), said services 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. r c 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the E 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. a 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Page 1 of 32 PSA Single Project Agreement 2017.010 Ver.2 l Packet Pg. 261 16.C.5.a 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 Josh Fruth 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 a that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to c 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 c applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and N 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 o CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76Ln F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those W 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 a CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA Single Project Agreement 2017.010 Ver.2 i Packet Pg. 262 16.C.5.a Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. 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 o regarding resolution of each such conflict. The COUNTYS approval of the design documents in Ln no way relieves CONSULTANT of its obligation to deliver complete and accurate documents W necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount E for the following: Tasks not completed within the expressed time frame, including required s 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 Q of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the Page 3 of 32 PSA Single Project Agreement 2017.010 Ver,2 Packet Pg. 263 16.C.5.a 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 N 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 r Services shall be set forth in the Change Order or Amendment authorizing those Additional o 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 L Procedures in effect at the time such services are authorized. These services will be paid for by CD 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 w Amendment to this Agreement prior to starting such services. The COUNTY will not be c 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 o CONSULTANT that such Work is not additional but rather a part of .the Basic Services required LO 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 CD that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- E eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure U to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it a otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 264 16.C.5.a 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter r- referred to as the "Project Manager"). The Project Manager shall have authority to transmit E instructions, receive information, interpret and define the COUNTY's policies and decisions with U respect to CONSULTANT's services for the Project. However, the Project Manager is not a authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: Page 5 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 265 16.C.5.a 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 c 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 orLO o 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. E 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or U progress of CONSULTANT's services from any cause whatsoever, including those for which the a COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition Page 6 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 266 16.C.5.a 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 c time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not o possible to accurately estimate the size of the project, or when it is expected that the project LO 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 orCD equipment invoices, and other reimbursable documentation for the project. E U 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall a apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ❑ Grant Funded-,- The hewFly Fates as set ferth and Sehedule agetziGy. Page 7 of 32 PSA Single Project Agreement 2017.010 Ver.2 �C) Packet Pg. 267 16.C.5.a ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, E losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this a 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. Page 8 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 268 16.C.5.a This section does not pertain to any incident arising from the sole negligence of Collier County. 8.1.1. The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will survive the expiration or .earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 8.1.2. To the extent that the Agreement that the work pertains to is a Professional Services Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statues. 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 E Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any M insurance or self-insurance program carried by the COUNTY applicable to this Project. a 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. Page 9 of 32 PSA Single Project Agreement 2017.010 Ver.2 110 Packet Pg. 269 16.C.5.a 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 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 CONS ULTANT's own staff, N unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use LO 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 o Agreement shall, however, be construed as constituting an agreement between the COUNTY and N any such other person or firm. Nor shall anything in this Agreement be deemed to give any such N party or any third party any claim or right of action against the COUNTY beyond such as may then U otherwise exist without regard to this Agreement. r 0 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. 'a c 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. c 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 o toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by LO 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 E require each subconsultant or subcontractor to enter into similar agreements with its sub- U subconsultants or sub -subcontractors. a 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 Page 10 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 270 16.C.5.a between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. 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 E and any costs reasonably incurred by CONSULTANT that are directly attributable to the U termination, but CONSULTANT shall not be entitled to any other or further recovery against the a 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. Page 11 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 271 16.C.5.a 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material 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. FE-1 CCNA Proiects: In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other E factual unit costs supporting the compensation for CONSULTANT's services to be provided under U 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 a 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. Page 12 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 272 16.C.5.a ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. 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: County Manager's Office Division Director: Leo Ochs Jr. Address: 3299 Tamiami Trail East, Suite 202 Naples Florida 34112-5746 Administrative Agent/PM: Geoffrey Willig Telephone: (239) 252-8369 E-Mail(s): Geoffrey Williq ancolliercountyfl.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: Davidson Engineering, Inc Address: 4365 Radio Road Suite 201 Naples, Florida 34104 Attention Name & Title: Josh Fruth Vice President Telephone: (239) 434-6060 E-Mail(s): iosh davidsonengineering.com Page 13 of 32 PSA Single Project Agreement 2017.010 Ver.2 a Packet Pg. 273 16.C.5.a 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 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. 17A. 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 E Schedule D INSURANCE COVERAGE U Al Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE a Schedule F KEY PERSONNEL Schedule G Other: n/a Solicitation # 19-7650 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 14 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 274 16.C.5.a 17.10. ❑ fllZTtiTtM-10 NEIL . . 17.11. Applicability. Sections corresponding to any checked box expressly apply to the terms of this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. 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. 0 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: c aD "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 a 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 Page 15 of 32 PSA Single Project Agreement 2017.010 Ver.2 '1 x Packet Pg. 275 16.C.5.a consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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. c a� E U a Page 16 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 276 16.C.5.a IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & Corn trolfdr �9/1 c By: +fit ;�t William L. McDaniel, Jr. Chairman "A tlota # hairman's GO s��ntlleonly. A o ed as to Form and Legality: 14 County Attorney Name Consultant's Witnesses: Witness Leaetta Davidson, Vice President Na a and It e Witnegs Joshua M. Fruth, Vice President Name and Title Consultant: Davidson Engineering, Inc. Y Jeff Davidson, President Name and Title Page 17 of 32 c a� E U a PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 277 16.C.5.a SCHEDULE A SCOPE OF SERVICES 0 following this page (pages 1 through 2 ) CD E _ aD E Q c� c� ti 00 N to _ d E t V M r r Q Page 18 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 278 16.C.5.a Professional Planning and Engineering Services (RPS) # 19-7650 Collier County Golden Gate Golf Course Redevelopment Phase One PHASE ONE - SCOPE OF WORK: Task 1— Charrettes, Concept Plans, Design Coordination, and Community Outreach 1.1 Kick-off Meeting / Charrettes / Concept Plans (Scoping, Schedule, 2 Workshops, Concept Edits / Updates) 1.2 Public Information Meetings (Preliminary and GC Conversion Requirements) / Presentations / Preparation - Estimated 3 Total 1.3 Kick-off Meeting / Charrettes / Concept Plans (Scoping, Schedule, 2 Workshops, Concept Edits / Updates), Rezone Prep, prepare conceptual schematic design plans - 3 renderings 1.4 Prepare High Level (meetings/discussions/ public coordination; no charettes) Conceptual Schematic Design Plans 1.5 VA Consulting and Schematics - High Level only - Horiz Level only - Horiz and. Vert Fit only with 5 renderings; attend meetings and NO Charrettes 1.6 Golf Course / Park / Site Schematics - High Level Horizontal only; attend meetings and Task 2 — Environmental Consulting 2.1 Final Property Assessment / Enviro Clean-up Coordination 2.2 Environmental - LSS / Bonneted Bat Cavity Survey and Scoping / General Consulting / Meetings / GMP / Rezone / Environmental Data / Exhibits / Renderings / NO SOIL SAMPLING 2.3 Environmental - Tree Species Survey 2.4 SFWMD Conceptual ERP Task 3 - Rezone / GMPA 3.1 Preparation and submittal of the PUDR Application and request for an amendment to the Growth Management Plan (GMPA) for the subject property to allow for future collocation of future County Facilities and other uses. 3.2 Provide any exemption justifications that may specifically apply to this project 3.3 Preparation of GIS/ Map Exhibits, as required with the PUDR/GMPA Application 3.4 Coordination with other subconsultants and client, as needed, to assemble and submit the application package for the PUDR/GMPA request. 3.5 Prepare for and hold a Neighborhood Information Meeting (NIM). 3.6 Prepare for and attend required public hearings (Collier County Planning Commission and the Board of County Commissioners). Task 4 — Transportation -Rezone / GMPA / Access Review 4.1 Prepare a Traffic Analysis for conversion per CC guidelines (Rezone and GMP) 4.2 Provide General Consulting and attend Meetings 4.3 NIM Preparation and Attendance 4.4 Hearing Preparation and Attendance 4.5 Review access and prepare a traffic impact statement for inclusion with the GMP and Rezone submittal packages to Collier County 4.6 Review access for site with proposed CR 951 corridor widening (not full design, review and recommend Page 1 of 2 c d E s V M Q Packet Pg. 279 16.C.5.a location only) Task 5 - SFWMD Conceptual ERP Permitting -Engineering SA Prepare storm water management plans, routings, FLUCCS mapping, applications and reports per SFWMD Basis of Review (BOR) necessary to obtain a conceptual permit. 5.2 Coordination with SFWMD during initial submittal and engineering / environmental phase. 5.3 Prepare initial submittal package and submit a conceptual permit to SFWMD. 5.4 Prepare response and re -submittal for SFWMD to obtain ERP Task 6 - General Consulting / Coordination / Meetings 6.1 General Consulting / Coordination 6.2 Production Meetings - OE Only 6.3 Horizontal and Vertical Estimating (engineering and architectural only) Task 7 - Survey Design - Topographic and ALTA Survey Update (Conventional) 7.1 Prepare a topographic and ALTA survey update (Conventional). Task 8 ALT - Survey Design - Canal Survey - ALT 8.1 Prepare a topographic survey of easement along Golden Gate Canal Task 9 - Reimbursables Reimbursable expenses include items such prints, plots, materials, travel, hotel, air, etc. Task 10 - 10% General Allowances (Tasks 1-7) - INCLUDES EVERYTHING NOTED, BUT NOT LIMITED TO 1. Utilities Design Allowance 2. Site Planning / Work / Field Design Allowance 3. Building and Facilities Architecture Design Schematic Allowance 4. Parking Areas / Roadway Design Allowance 5. Landscaping Design Allowance 6. Public Interest Consulting Allowance 7. Geo-tech Allowance 8. Survey Allowance 9. Engineering Allowance 10. All other items related to professional design as requested by the client c a� The above tasks represent Phase One of the redevelopment Phase Two (Full Schematic Design, Plat Etc.) E and Phase Three (Construction Documents and Permitting) contracts will be negotiated with Collier t County in the future once the full site concept is developed. Q Page 2 of 2 Packet Pg. 280 16.C.5.a 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/Item Description Lump Sum Time and Materials Not -To - Exceed 1 Charrettes, Concepts, Design Coordination, and Community Outreach $ $143,369.00 2 Environmental Consulting $ $ 91,052.00 3 Rezone/GMPA $ $137,794.00 4 Transportation-Rezone/GMPA/Access Review $ $17,610.00 5 SFWMD Conceptual ERP Permitting -Engineering $ $77,270.00 6 General Consulting/Coordination/Meetings $ $73,936.00 7 Survey Design -Topographic and ALTA Survey Update (Conventional) $ $ 37,904.00 8 ALT-Survey Design -Canal Survey-ALT $ $7,838.00 9 Reimbursables-Prints, plots, materials, travel, hotel, air, etc $ $40,000.00 10 10% General Allowances (Task 1-7) $ $ 57,893.50 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ $ Total Time and Materials Fee $ $684 666.50 GRAND TOTAL FEE $684,666.50 Page 19 of 32 PSA Single Project Agreement 2017.010 Ver.2 c aD E t U a Packet Pg. 281 16.C.5.a B.2.2. 0* 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. . _Mfftlu B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this o Agreement, CONSULTANT shall continue to perform the Services required of it under this LO 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. CD 3. SCHEDULE OF PAYMENTS U B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more a 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 Single Project Agreement 2017.010 Ver.2 Packet Pg. 282 16.C.5.a B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. 0 B.3.4.1.6. Other items on request and approved in writing by the COUNTY. M B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, a except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 283 16.C.5.a 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. c aD E M U a Page 22 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 284 16.C.5.a SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $206 Senior Project Manager $172 Project Manager $147 Senior Engineer $157 Engineer $123 Senior Inspector $96 Inspector $76 Senior Planner $139 Planner $110 Senior Designer $114 Designer $94 Environmental Specialist $109 Senior Environmental S ecialist $134 Scientist/Geologist $93 Senior Scientist/Geologist $118 Marine Biolo ist/H dro eolo ist $110 Senior Marine Biolo ist/H dro eolo ist $138 Senior GIS Specialist $139 GIS Specialist $102 Clerical/Administrative $62 Senior Technician $85 Technician $72 Surveyor and Mapper $120 CADD Technician $81 Surveyor Crew- 2 man $130 Surveyor Crew- 3 man $161 Surveyor Crew- 4 man $189 Senior Architect $154 Landscape Architect $100 Landscape Architect -Project Manager $147 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 E upon mutual agreement in advance and in writing by the parties. ❑ * U a Page 23 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 285 16.C.5.a SCHEDULE C PROJECT MILESTONE SCHEDULE TaskiItem Description Cumulative Number of Calendar Days For Completion from Date of Notice to Proceed for Services under this Acireement Tasks 1-10 (PHASE 1) Charrettes, Concept Plans, Design Coordination, Community Outreach, Environmental Consulting, GMPA / Rezone, Transportation Analysis & Review, SFWMD Conceptual ERP Permitting -Engineering, General Consulting, Coordination, Estimating, Production Meeting-OAE, Survey Design Topographic and ALTA Survey update 1,095 Page 24 of 32 PSA Single Project Agreement 2017.010 Ver.2 c Q E aD E U C9 c� ti 00 N W r c a� E t U a Packet Pg. 286 16.C.5.a 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. E a 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 theco services until the date of completion and acceptance of the Project by the COUNTY or as specified o in this Agreement, whichever is longer. 77 x 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within 00 ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact N that CONSULTANT has acquired and put in place the insurance coverages and limits required C4 hereunder. In addition, certified, true and exact copies of all insurance policies required shall be LO provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall N contain a provision that coverages afforded under the policies will not be canceled or allowed to 0 expire until at least thirty. (30) days prior written notice has been given to the COUNTY. o CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after CN receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or i 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 c take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (D r_ 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. 0 U) 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute :2 approval or agreement by the COUNTY that the insurance requirements have been satisfied or o that the insurance policy shown on the Certificate of Insurance is in compliance with the Q requirements of this Agreement. rn 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 E this Section except to the extent such insurance requirements for the subconsultant are expressly M waived in writing by the COUNTY. a Page 25 of 32 PSA Single Project Agreement 2017.010 Ver.2 1, Packet Pg. 287 16.C.5.a 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 certificates) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? n Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes 0 No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes n No E 13. COMMERCIAL GENERAL LIABILITY. U Required by this Agreement? n Yes ❑ No a 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 Single Project Agreement 2017.010 Ver.2 Packet Pg. 288 16.C.5.a 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. E B. The General Aggregate Limit shall apply separately to this Project and the policy shall E be endorsed using the following endorsement wording. This endorsement modifies insurance Q 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 o CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. x M 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in 00 Collier County, OR, Collier County Government shall be listed as the Certificate Holder and N included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability le 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 N policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with N the same insurance requirements that the Contractor is required to meet. N 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the 2 SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in o subparagraph (1) above if applicable to the completion of the Services under this Agreement. c L Required by this Agreement? ❑ Yes R No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes FE-1 No 0 LO 17. AUTOMOBILE LIABILITY INSURANCE. rn Required by this Agreement? R Yes ❑ No Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The a ownership. Page 27 of 32 PSA Single Project Agreement 2017.010 Ver.2 � ,, C) Packet Pg. 289 16.C.5.a 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes R No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑ Yes R No Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence. 20. UMBRELLA LIABILITY. ti co 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 X General Liability, and Automobile Liability coverages required herein and shall include all M 00 coverages on a "following form" basis. to N B. The policy shall contain wording to the effect that, in the event of the exhaustion of any le LO underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. o 0 N 21. PROFESSIONAL LIABILITY INSURANCE. N Required by this Agreement? FW Yes ❑ No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its 0 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. w r_ 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 notLO less than five (5) years following completion and acceptance of the Project by the COUNTY. rn 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 a) 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 a 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 Single Project Agreement 2017.010 Ver.2 CAC; Packet Pg. 290 16.C.5.a 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. U a END OF SCHEDULE D Page 29 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 291 16.C.5.a ❑ This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Davidson Engineering 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 " Golden Gate Golf Course Redevelopment Planning and Engineering It is accurate, complete and current as of the time of contracting. MW- 1 h mms,W. TITLE: Vice President DATE: November 22, 2019 c aD E a Page 30 of 32 PSA Single Project Agreement 2017.010 Ver.2 Packet Pg. 292 16.C.5.a SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time Josh Fruth Overall Lead - Senior Project Manager TBD Jenna Woodward Senior Engineer TBD Carl Thrushman Senior Engineer TBD Tocia Hamlin -Rosa Senior Technician TBD Shawn Carlisle Senior Designer TBD David Stivers Designer TBD Kyle Fruth Senior Inspector TBD Shelly Morris Clerical / Admin TBD Jessica Harrelson Senior Planner TBD Anna Ritenour Senior Planner TBD Ryan White Senior Engineer TBD Krystle Weems Engineer TBD Lee Davidson Engineer TBD Joanna Pidgeon Engineer TBD Page 31 of 32 PSA Single Project Agreement 2017.010 Ver.2 c 0 E M u a Packet Pg. 293 16.C.5.a Other: SCHEDULE G (Description) ❑ following this page (pages through _) 0 this schedule is not applicable Page 32 of 32 c a� E M U a PSA Single Project Agreement 2017.010 Vert Packet Pg. 294 16.C.5.a Client#: 1054436 DAVIDENG2 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 12/02/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services, LLC 2502 N Rocky Point Drive Suite 400 CONTACT NAME: PHONE 813 321-75QQ FAX A/C No Ext : A/C, No : E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Tampa, FL 33607 INSURER A Old Dominion Insurance Cc 40231 INSURED Davidson Engineering, Inc 4365 Radio Road Ste 201 INSURER B : Hartford Casually Insurance Company 29424 ce INSURER C ; Liberty InsuranUnderwriters, Inc. 19917 Naples, FL 34104 INSURER D INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INS -IL SUBR WVI` POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X BPG4058E 12/10/2019 12110/2020 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR PREMISESaoccurrence $500 000 MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY ❑ JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY X B1 G4058E 12/10/2019 12/10/202 MBINE$ Ea acccideDISINGLE LIMIT_ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB X OCCUR X CUG4058E 12/10/2019 12110/2020 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? (Mandatory in NH) NIA X 21WECAL4518 9/11/2019 09/11/202 X PER OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE "—" $1,000,000 E.L. DISEASE- POLICY LIMIT $1 ,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liab AEX1016950007 11/24/2019 11/24/2020 $1,000,000 per claim $1,000,000 annl aggr. C Technology AEX1016950007 11/24/2019 11/24/2020 $1,000,000 Per Occur. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Professional Liability coverage is written on a claims -made basis. RE: Contract #19-7650, Golden Gate Golf Course Redevelopment Planning and Engineering, For Any and All Work Performed on Behalf of Collier County. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to Collier County Board of County Commissioners, OR, Board of (See Attached Descriptions) CERTIFICA' c a� E t U 2 Q Collier Count Board of Count Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and Togo are registered marks of ACORD #S27250106/M27249143 JXHEW packet Pg. 295 I 16.C.5.a I County Commissioners in Collier County, OR, Collier County Government, OR, Collier County only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contains a special endorsement with Primary and Noncontributory wording, when required by written contract. c d E s V M Q SAGITTA 25.3 (2016103) 2 of 2 #S27250106/M27249143 Packet Pg. 296 DocuSign Envelope ID: 4A5B3855-B6EE-4735-9775-AE9D1382B670 16.C.5.b FIRST AMENDMENT TO AGREEMENT #19-7650 FOR GOLDEN GATE GOLF COURSE REDEVELOPMENT PLANNING & ENGINEERING THIS FIRST AMENDMENT made and entered into on this day of 5/26/2021 2021, by and between DAVIDSON ENGINEERING, INC. (the "Consultant") and Collier County, a political subdivision of the State of Florida, (the "County") (collectively, the "Parties"): r c d WHEREAS, on December 10, 2019, (Agenda Item 16.F.11), the County entered into a c Professional Services Agreement with Consultant (the "Agreement") to provide professional planning E and engineering services for the development of the Golden Gate Golf Course; and Q WHEREAS, the Parties desire to amend the Agreement to revise Schedule F, Key t� Personnel. ti N NOW, THEREFORE, in consideration of the mutual promises and covenants herein 7' contained, it is agreed by the Parties as follows: -a Schedule F Key, Personnel, to the Agreement is hereby removed in its entirety and replaced with Schedule F, Key Personnel, attached hereto and made a part hereof. 2. Except as amended herein, all other terms and conditions of the Agreement, which is incorporated herein by reference, shall remain unchanged. IN WITNESS WHEREOF, the Parties have executed this First Amendment by an authorized person or agent on the date and year first written above. CONSULTANT DAVIDSON ENGINEERING, INC. DocuSigned by: y:,,9j �awi� Sbin, Jeff Davidson President TType/print signature and titleT 5/25/2021 Date BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DocuSigned by: yS.�.E H Director of Procurement Services Division 5/26/2021 Date COUNTY ATTORNEY APPROVAL ON NEXT PAGE Pagel of 2 First Amendment to Agreement # 19-7650 Packet Pg. 297 DocuSign Envelope ID: 4A5B3855-B6EE-4735-9775-AE9D1382B670 16.C.5.b Approved as to EDocuSigned by - s ` C '.Teach, Form and Legality: Deputy County Attorney Page 2 of 2 First Amendment to Agreement #19-7650 Z6 a U Packet Pg. 298 DocuSign Envelope ID: 4A5B3855-B6EE-4735-9775-AE9D1382B670 16.C.5.b Collier County Golden Gate Golf Course Redevelopment Planning & Engineering Contract #19-7650 SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time josh Frut#1 Jeff Davidson, P.E. Overall Lead - Senior Project Manager TBD Andrew Rath P.E. Senior Engineer TBD Lee Davidson, F.E. Senior Enqineer TBD ocia Hamlin -Rosa Senior Technician TBD Shawn e Aaron Davidson Senior Designer TBD David Stive—FS Tom DeFrancesco Designer TBD Kyie-FFUth Brandon Copper Senior Inspector TBD Shelly Morris Clerical / Admin TBD Sean Sammo Senior Planner TBD Aga i ke► Gw Senior Planner TBD Ryan White, P.E. Senior Engineer TBD Brandon Gifford Engineer TBD Lee Daiid6ep Edwardo Hernan lez Engineer TBD deanna Pid*esn Jaime Salazar -I Ainero Engineer TBD I * Revised Key Personnel April 19, 2021 I I Page 31 of 32 PSA Single Project Agreement 2017.010 Ver.2 ti 00 N d M a r d E s r Q CAO Packet Pg. 299 16.C.5.c SECOND AMENDMENT TO AGREEMENT #19-7650 FOR GOLDEN GATE GOLF COURSE REDEVELOPMENT PLANNING & ENGINEERING THIS AMENDMENT made and entered into on this day of July 2021, by and between DAVIDSON ENGINEERING, INC. (the "Consultant") and Collier County, a political subdivision of the State of Florida, (the "County or Owner") (collectively, the "Parties"): WHEREAS, on December 10, 2019, (Agenda Item 16.17.11), the County entered into a Professional Services Agreement with Consultant (the "Agreement") to provide professional planning and engineering services for the development of the Golden Gate Golf Course; and WHEREAS, on May 26, 2021, the County administratively processed the First Amendment to the Agreement with the Consultant to update and revise Schedule, F Key Personnel, attached to the Agreement; and WHEREAS, the Parties desire to further amend the Agreement to add additional Tasks to Phase One, and add the Scope for Phases Two and Three, as provided for in the Agreement, and add the negotiated fees associated with those additional Tasks and Phases. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. Schedule A of the Agreement is amended as follows: A. Add new Tasks l l and 12 to PHASE ONE — SCOPE OF WORK and to modify Task 10 to include bullets 11. Full Utility Design and Permitting, and 12. Landscape Architecture Services for Greenway. (see additions to Phase One underscored on attached Schedule A) B. Add the attached PHASE TWO and PHASE THREE — SCOPE OF WORK to identify and include the Tasks for those phases. 2. Schedule B of the Agreement is amended to add Schedule B-2 and Schedule B-2 Attachment 1, which reflects the fees for the added tasks. 3. Schedule C of the Agreement is amended to add Schedule C-2, which reflects the Project Milestone Schedule for the added Tasks to Phase One, and Phases Two and Three. 4. Schedule F of the Agreement is amended to add Schedule F-2,which reflects Key Personnel for Phases Two and Three. 5. Except as amended herein, all other terms and conditions of the Agreement, which is incorporated herein by reference, shall remain unchanged. Page 1 or9 Second Amendment to Agreemeail #19-7650 CAO Packet Pg. 300 16.C.5.c IN WITNESS WHEREOF, the Parties hereto, have each, respectively, by an authorized person or agent, have executed this Second Amendment on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts Dated: (SEAL) Contractor's Witnesses: First Witness Tocia Hamlin -Rosa TType/print witness nameT Z6�— and Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor, Chair CONTRACTOR: DAVIDSON ENGINEERING, INC. By: ;Signature Jeff Davidson, P.E. - President TType/print signature and titleT 7/26/2021 RVan White Date TType/print witness nameT Approved as to Form and Legality: Scott R. Teach, Deputy County Attorney Page 2 of 9 Second Amendment to Agreement # 19-7650 a, Packet Pg. 301 16.C.5.c SCHEDULE A PHASE ONE — SCOPE OF WORK CONCEPTUAL LAYOUTS, PUBLIC OUTREACH, INTENT TO CONVERT (ITC) Existing Task 10 —10% General Allowance Increase the general allowance in existing Task 10 by $5,007.90 based on the addition of new tasks I I - 12. New Task 11— Full Utility Design and Permitting • Coordinate with Collier Counjy Utilities for proposed water and force mains through the olf course site. • Prepare utility main plans for main extensions and connections. • Coordinate plans for inclusion with SDP review. Prepare and submit FDEP applications and follow up for approval. Fee: 15,000 —Not to Exceed * T&M New Task 12 — Landscape Architecture Services for Greenwa Landscape Architecture Services for approximately 99.5 acres of Greenwa . The Greenwgy Area is currently conceptual and will be further defined during the Rezone process. Fee: $ 35,079 —Not to Exceed *T&M END OF PHASE ONE SCOPE PHASE TWO — SCOPE OF WORK SITE DESIGN AND PERMITTING This Phase was not included with the original proposal because the County did not know the final direction of site design. This was unknown until proceeding with preliminary concepts and coordination with the County. Phase 2 will cover site design, utility design to include service to all outparcels, and permitting. Below is a scope of work -related items: Phase 2 - Task 1- ALTA / Topographic Survey Prepare an ALTA Survey including topo, review title, and prepare as builts of utilities and storm water for engineering design and permitting 1.1 Commercial Outparcel Fee: $4,515 —Not to Exceed 1.2 State Veterans Nursing Facility Outparcel Fee: $7,554 —Not to Exceed 1.3 GMD Office Building Outparcel Fee: $7,554 —Not to Exceed Total Task 1.1 — 1.3 Fee: $19,623 Not to Exceed* T&M Phase 2 - Task 2 - Preliminary Coordination, Concept Planning and Engineering Review- CIVIL Golf Course Maintenance 1 Club Cart Storage Site Buildings • Attend "team" meetings and meetings as requested by the County. • Preliminary storm water management / engineering review. • Develop final concept plans to meet the County's needs. • Coordination with the County for update. • Prepare Site DEMO plans for the existing Maintenance Buildings. • Prepare a Design Boundary Survey for the New Maintenance / Club Cart Storage Buildings. • Coordination with the architect upon initial and final building footprint layout (review site constraints). Page 3 of 9 Second Amendment to Agreement # 19-7650 Packet Pg. 302 1 ti.C.5.c + SDP pre -application meeting with Collier County Review staff. Fee: $45,048 —Not to Exceed* T&M Phase 2 - Task 3 - Collier County Site Development Plan (SDP) - CIVIL Golf Course Maintenance / Club Cart Storage Site Buildings The above referenced conceptual designs will be incorporated into the overall site design. A site plan, a paving and grading plan, an updated utility plan, a storm water management plan, and construction details and specifications will be prepared consistent with Collier County and SFWMD requirements as applicable. Below is a scope of work -related items. • SDP Permitting • ERP Construction to Operations Permitting and Water Use Permit Minor Modification • FDEP Water and Sewer Permitting • ROW Permitting (CC) if required Fee: $ 100,074 - Not to Exceed*T&M Phase 2 - Task 4 - Golf Course Architect -- Site Analysis and Conceptual Layout Plan — (Subconsultant Nicklaus Design) As part of the overall design team, Subconsuitant (Nicklaus Design) will provide golf course architectural professional services starting with a site analysis to provide preliminary conceptual layouts. Upon County's approval, Nicklaus will work closely with ClubCorp / Big Shots to prepare the design development drawings required for permitting, followed by construction documents, bidding, and construction observation for the proposed GGGC redesign located in Collier County. The following scope of work is required to redesign the Golden Gate Golf Course as the proposed Nicklaus endorsed 12-hole golf course: Site Analysis: a. A Nicklaus Design Associate will conduct one (1) site visit in coordination with the design team and Owner to review the current base information and existing conditions and features b. Complete a preliminary written site analysis report following the site visit which would address the following: 1. Existing vegetation / trees 2. Existing topography and drainage concepts 3. Lake and creek banks 4. Site access 5. Maintenance access 6. Wetlands or other jurisdictional areas to be avoided. + Prepare a Conceptual Layout ("Routing Plan") based upon the site analysis and team engagement findings. The approved Routing Plan will be color rendered for presentations and marketing purposes and will include the following information: 1. 12-hole Routing Plan and Practice Facility with proposed features (i.e. tees, greens, fairways, bunkers, lakes, native areas). 2. Hole by hole Scorecard and descriptions of each hole. 3. Quantity tabulations for the golf course features (i.e., square footages for tees, greens, fairways, rough, bunkers, lakes). 4. Prepare a preliminary estimate of probable costs in coordination with the design team and Owner. Page 4 of 9 Second Amendment to Agreement # t 9-7650 ''< Packet Pg. 303 1 ti.C.5.c Phase 2 - Task 4.1- Golf Course Architect -- Design Development — (Subconsultant - Nicklaus Design) Upon approval of the Conceptual Layout Plan / Routing Plan, Nicklaus Design shall prepare the Design Development drawings including the following: 1. Centerline Staking Plan 2. Clearing Plan 3. Conceptual Grading and Drainage Plan 4. Grassing Plan 5. Preliminary Construction Specifications 6. Revised Estimate of Probable Cost 7. Coordinate with the design team including the project engineer, agronomist, and irrigation designer Phase 2 - Task 4.2 - Golf Course Architect — Construction Documents — (Subconsultant - Nicklaus Design) Upon approval of the Design Development, Nicklaus Design will commence preparation of the Construction Documents including the following: I . Staking Plan with limits of work for each hole and practice facility. 2. Layout Plan showing the golf features, cart path location and lake features. 3. Clearing Plan for removal of any existing vegetation. 4. Grading Plans with earthwork quantity calculations ("Cut/Fill Plan") and a Color Geothermal Cut/Fill Plan. 5. Grassing Plan for tees, greens, fairways, and roughs. 6. Green Details Plans including the practice putting green and short game area. 7. Conceptual Drainage Plan showing catch basins and pipe locations (Pipe sizing by project engineer). 8. Prepare Construction Specifications and recommended Construction Details. 9. Coordinate with the design team including the project engineer, agronomist, and irrigation designer. _ Phase 2 - Task 4.3 - Golf Course Architect — Bidding Administration — (Subconsultant -Nicklaus Design) Upon approval of the Construction Documents, Nicklaus Design shall provide competitive bidding services including the following: I . Recommend up to five (5) experienced contractors. 2. Prepare bid -form and specifications. 3. Tender bid documents to invited contractors. 4. Conduct an on -site pre -bid meeting. 5. Provide any technical clarifications to contractors. 6. Evaluate bids and provide a tabulation summary comparison of all contractors. 7. Recommend a contractor to Owner (notwithstanding Owner shall make the final decision). 8. Coordinate with the design team including the project engineer, agronomist, and irrigation designer. Phase 2 - Task 4.4 - Golf Course Architect — Construction Observation — (Subconsultant -Nicklaus Design) 1. A Nicklaus Design Associate will visit the site of the golf course as necessary for periodic on -site inspections throughout the construction work. The intent of the on -site observation is to determine the contractor's compliance with the construction drawings, specifications, grading adjustments to fit field conditions. All visits will be coordinated with the design team and Owner and address the schedule, budget and any issues needing to be resolved. Page 5 of 9 Second Amendment to Agreement # 19-7650 Packet Pg. 304 16.C.5.c 2. Nicklaus Design shall inform Owner of any deficiencies in the work being performed by the contractor or any deviation from the approved plans. 3. Nicklaus Design Associate shall make decisions relating to the artistic effect and such decisions shall be final if they are not directly inconsistent with the provisions of the Contract Documents, 4. Nicklaus Design shall review contractor change orders and monthly pay requests for the Owner's approval and execution. All changes must first be approved by Owner. 5. A Nicklaus Design Associate shall review any shop drawings, samples, or other submissions by the Contractor only for conformance with the design concepts and for compliance with the information given in the Contract Documents. 6. A Nicklaus Design Associate shall have the right to review the work of the Contractor and recommend to Owner to temporarily stop the Construction Work in the event the Contractor is not following the Contract Documents. 7. A Nicklaus Design Associate will prepare a written report following every site visit to document meetings and site notes. Phase 2 - Task 4.5 - Golf Course Irrigation Design — (Subconsultant -Nicklaus Design) Provide the irrigation design and construction plans required to complete the golf course design and construction. Phase 2 - Task 4.6 - Agronomy Consulting Services - (Subconsultant - Nicklaus Design) Provide agronomy services required to complete the golf course design and construction. Total Fee for Phase 2 Task 4 — 4.6 $515,020 Lump Sum Phase 2 - Task 5 - Architectural Design - Golf Course Maintenance 1 Club Cart Storage Site Buildings The following scope of work is included for each of the listed buildings, • Conceptual, SD & DD, Permitting • 30% - 100% Construction Documents • General Consulting and Meetings • Construction Administration Services and Bid Coordination with Contractor 5.1 Golf Course Maintenance 1 Club Cart Storage Buildings $ 92,400* 5.2 Golf Restroom Building $ , 10,934* Total Fee for Tasks 5.1 - 5.2: $ 103,334 Lump Sum Phase 2 - Task 6 - Full Landscape Architecture Golf Course Maintenance 1 Club Cart Storage Site Buildings I . Preparation of Code minimum Landscape and Irrigation Plans for site permitting 2. 30% - 100% Construction Documents 3. General Consulting and Meetings 4. Bid Coordination with Contractor 5. Construction Administration Services Fee: $20,232 - Not to Exceed *T&M Phase 2 - Task 7 - General Consulting 1 Coordination 1 Meetings - CIVIL • General Consulting / Coordination • Production Meetings with design team and county project managers as requested Page 6 of 9 Second Amendment to Agreement 019-7650 Packet Pg. 305 16.C.5.c Fee: $50,005 —Not to Exceed *T&M Phase 2 - Task 8 - 10% General Allowances (Tasks 1-7) - INCLUDES EVERYTHING NOTED, BUT NOT LIMITED TO: • Survey Allowance • Golf Course Architect Allowance • Civil Engineering Allowance • Architecture Allowance • Parking Areas / Roadway Design Allowance • Landscape Allowance • All other items related to professional design as requested by the County Task 8 Fee = $85,333.60* Estimate Not to Exceed *General Allowance Fee Calculation Breakdown: $ 853,336 (Ph 2- Tasks 1-7 Total excluding reimbursables) X 10% $ 85,333.60 Phase 2 Owner's Allowance Estimate — Not to Exceed Task 9 - Reimbursables Fee: $70,000 - Not to Exceed*T&M END OF PHASE TWO SCOPE Page 7 of 9 Second Amendment to Agreement # 19-7650 c m E c m E Q U C9 C9 00 N W n r" Packet Pg. 306 16.C.5.c PHASE THREE -- SCOPE OF WORK CONSTRUCTION ADMINISTRATIVE SERVICES DURING CONSTRUCTION This Phase was not included with the original proposal because the County did not know the final direction of site design. This was unknown until proceeding with preliminary concepts and coordination with CollicrCounty Board of County Commissioners. Phase 3 will cover professional support for the Golf Course Maintenance / Club Cart Storage Site, in areas such as, but not limited to contract scoping / bidding (general construction related items), plan reviews, scheduling, budgeting, evaluation of documents, exhibit preparation, construction phasing coordination, general consulting, etc. Task 1 - Project Management, General Consulting, and Construction Administrative Services-Civii Golf Course Maintenance /Club Cart Storage Site • Utility and Site Acceptance with Collier County. • Record Drawings. • 30% - 100% Construction Documents. • Bid coordination. • Attend necessary management meetings pursuant to the County request. • Construction administration services (prepare reports, memos, bid schedules, etc.) • General Consulting services and oversight of management. • Engineering Site Inspections. • Coordination with County's project manager throughout general consulting period. • Provide construction timelines to the County. Fee: $60,027 —Not to Exceed*T&M Task 2 - 10% General Allowances (Tasks 1) - INCLUDES EVERYTHING NOTED, BUT NOT LIMITED TO • Utilities and Site Acceptance —Civil Record Drawings • Civil Construction Documents, Bid Coordination and Construction Administrative Services • All other items related to services during construction as requested by the County Phase 3 Total: $ 60,027.00 (excluding reimbursables) X 10% Phase 3 - 10% County's Allowance $ 6,002.70 —Not to Exceed*T&M Task 3 - Reimbursables Fee: $50,000 — Estimate -- (Any reimbursables required for the project will be compensated at actual cost) END OF PHASE THREE SCOPE Page 8 of 9 Second Amendment to Agreement # 19-7650 �cv Packet Pg. 307 16.C.5.c General Notes / Deliverables I Schedule: I. Major revisions, as directed by the County, after substantial completion of tasks will be considered as an additional service. DE will notify the County immediately if this becomes an issue. 2. This proposal does not include professional services to design and permit the future outparcels (GMD Office, Commercial Site & State Veterans Nursing Facility). A separate proposal will be provided when the County is ready to proceed. 3. All Deliverables are noted in each Task above and outlined in the contract with Collier County. 4. This work will be for a period outlined in the contract with Collier County. 5. Reimbursable expenses include, but are not limited to items such as computer plots, courier service, prints, copies, photography, photo processing, display mounting, travel, airfare, lodging, dining, etc.* 6. The licensing agreement, marketing, advertising and promotional services of the `Nicklaus' Golf Course are not included in this contract. * Reimbursable expense must be verified by attached receipts or copies thereof. Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. Meals and mileage cannot be charged unless the individual has traveled outside the county of the f tm's principal business location. Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge, with a cap of no more than $150.00 per night. Page 9 of 9 Second Amendment to Agreement #19-7650 (CAQ Packet Pg. 308 16.C.5.c SCHEDULE B-2 BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/item Description Lump Sum Time and Materials Not -To - Exceed Phase 1- New Task 11 Full Utility Design and Permitting $ $ 15,000.00 Phase 1-blew Task 12 Landscape Architecture Services for Greenway $ $ 35,079.00 Phase 1-Existing Task 10 General Allowance (increase to existing task) $ $ 5,007.90 Phase 2 -Task 1.1 ALTAfrOPO Survey -Commercial Outparcel $ $ 4,515.00 Phase 2 - Task 1.2 ALTAfTOPO Survey -State Veterans Nursing Facility Outparcel $ $ 7,554.00 Phase 2 - Task 1.3 ALTAfTOPO Survey-GMD Office Bldg Outparcel $ $ 7,554.00 Phase 2 - Task 2 P,o —a co,mpi Pi—irg a EN: ae 9 R111 w CWJ ta,rtaowse Mawennn I cVv Cad swo r $ $ 45,048-00 Phase 2 - Task 3 CC SDP- Civil -Golf Course Maintenance ! Club Cart Storage Site Buildings $ $100,074.00 Phase 2 - Task 4 Golf Course Architectural Design Development $ 515,020 $ Phase 2 -Task 5.1 & 5.2 Architectu l Oesign GoltCourse Malnlenance I Club Curt Storage Buiklings and Galt Restrm Bldg $ 103,334.00 $ Phase 2 - Task 6 Landscape Architecture Golf Course Maintenance / Uub Cart Storage Site Buildings $ 20,232.00 Phase 2 - Task 7 General Consulting, Coord, Meetings - Civil $ $ 50,005.00 Phase 2 - Task 8 10% General Allowance $ $85,333.60 Phase 2 - Task 9 Reimbursables $ $ 70,000.00 Phase 3 -Task 1 1{RJWq� a��^rn.CqublASG ilk����pm� �"�YaIGbGMSG prN�+q $ $60,027.00 Phase 3 - Task 2 10% General Allowance $ $ 6,002.70 Phase 3 - Task 3 Reimbursables $ $ 50,000.00 $ $ Total Lump Sum Fee 618,354 Total Time and Materials Fee $ss1,432.20 GRAND TOTAL FEE $1.179,786.20 PSA CCNA Single Project Agreemenl._Ver.4 GAO Packet Pg. 309 16.C.5.c B.2.2. p* 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. 8.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. 13.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. PSA_CCNA Single Project Agrcement ver.4 r Packet Pg. 310 16.C.5.c B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or asset forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6.Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. PSA CCNA Single Project Agreemenl_Ver.4 Packet Pg. 311 16.C.5.c 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 r a� E c a� E a U C9 C9 n e0 N W n PSA_CCNA Single Project Agreement_Ver.4 Packet Pg. 312 16.C.5.c SCHEDULE B-2 — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $206.00 Senior Project Manager $172.00 Project Manager $147,00 Senior Engineer $157.00 Engineer $123.00 Senior Inspector $96.00 inspector $76.00 enior Planner anner nior istgner Designer Enviruninental Specialist cia Senior Technician S85 on Surveyor and Ma2per2000 CADD Technician $81.00 Surveyor Crew - 2 man $130.00 Surveyor Crew - 3 man $161.00 Surveyor Crew - 4 man $189.00 Senior Architect $154.00 Landscape Architect $100 Landscape Architect -Project Manager $147.00 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. Fir Or :rrt nh�ttr� r.JM1nMoWo" n�rnVtrritrNinnlnrFunded Projects,}HInV -u nVtVrV �a, ace}im•s}elnl ar �+v1111141\V `�1�ldW r am. uir \n.� - uy tl .i yi\n..liivr utJ-1 i-y . PSA CCNA Single Pruject Agrrement_Ver.4 <.A Packet Pg. 313 16.C.5.c SCHEDULE C-2 PROJECT MILESTONE SCHEDULE Task/item Description - Number of Calendar Days For Completion of Task from Date of Notice to Proceed Phase 1 New Tasks 11-12 Full Utility Design and Permitting, Landscape Architecture Services for Greenway 1095 days Phase 2 Tasks 1-7 ALTA I Tops Samy�on+n.�oe4 6M0 ORin BIGp, 8 Slele YaNmir Nuiairq Fedbty Parcak, Carepuel �N,� Q ,ry �.�-..�,I���� SI ..� . $OP. Fes. FDEP, ROW -00 Cana M" I Cab Cart We" Bidpa.-Ci . Gull Couna AI&Aadum 0-ign, °&°dungDWW"C Mmkte�Grt��� a,..a.R". � IuBft.IP. cs*duwC.-W Cana MWrA I CI W Carl stumps Bldp�.. Oar 10O uK v 6 M-vq. 1095 days Phase 3 Task 1 Project Management, General Consulting, Construction Admin-Civil 1095 days PSA CCNA Single Project Agreement_Ver.4 r- 00 N W r N I— Q f6 C U- fn t K W 3 c m E c m E a 0 as co r c m E U �a a Packet Pg. 314 16.C.5.c Collier County Golden Gate Golf Course Redevelo ment Planning & Engineering Contract #19-7650 Amendment #2 SCHEDULE F-2 KEY PERSONNEL Name Personnel Catewry Percentage of Time Jeff Davidson P.E. Overall Lead - Senior Project Mana er TBD Andrew Rath P.E. Senior Enqineer TBD Lee Davidson, P.E. Senior En. ineer TBD Tocia Hamlin -Rosa Senior Technician TBD Aaron Davidson Senior Designer TBD Tom DeFrancesco Designer TBD Brandon Copper Senior Inspector TBD Shelly Morris Clerical 1 Admin TBD Jessica Kluttx Senior Planner TBD Ryan White P.E. Senior Engineer TBD TBD TBD I TBD TBD *Revised Key Personnel July 2 2021 Page 31 of 32 PSA CCNA Single Project Agrecmcnt_Vcr.4 Packet Pg. 315 (Luawpuawtl 0999 : L8Z90 SNVId 1d33NO3 8L-Z0-LZ0Z :Luawy3BIIV ui U I— K Z J W LL W Q W LL r m U LL LL C LL LL a �o m m 0 mQ O Lu w=� ¢ J LL J_ W W �v zMU) WU wv W 2 co �m wUo >-z >-z W O Cl)�¢ W O fA m� >IC = U W 0OC 2 �< oQ r Lu GOLDEN GA TE PARKWA Y o W 04 Z W � V w Z zw � < Fn < � LLJLU Q ILo w m m z LL Q Z TiLL Q tl �O aHD{i V) Q Z � a 25THAVESW CO _ �l ED w of I- � o Y�� 1 �LL �a w p .. 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