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Backup Documents 01/25/2022 Item #16C5 ORIGINAL DOCUMENTS CHECKLIST & ROUTINciarair 1 6 C 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print onto• Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney ntenTKPg Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management fz3-l�, 2. County Attorney Office County Attorney Office / 4. BCC Office Board of County �/�- Commissioners /V /a)�07, 4. Minutes and Records Clerk of Court's Office N( Ifrij223: 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Purchasing Contact Information 239-252-6020 Contact/Department Agenda Date Item was January 25,2022 ✓ Agenda Item Number 16.C.5 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 21-7884 Matern number if document is Matern Professional Professional to be recorded Engineering, Inc. Engineering, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for aM-on signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 25,2022 and all changes made T is not during the meeting have been incorporated in the attached document. The County S"t option for Attorney's Office has reviewed the changes,if applicable, this line. 9. Initials of attorney verifying that the attached document is the version approved by the cSR t/ N/A is not 6 BCC,all changes directed by the BCC have been made,and the document is ready for the option for Chairman's signature. RECEIVES.. line. JAN 2 5 2022 Risk Management 16C5 - Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, January 28, 2022 8:34 AM To: 'Vanessa.Miguel@colliercountyfl.gov' Subject: Contract#21-7884 (Matern Professional Engineering) Item #16C5 1-25-22 BCC Meeting Attachments: #21-7884 (Matern Professional Engineering Inc.).pdf Good Morning Vanessa, Please see the attacked for your records. Tkavtk you! Ann Jennejohn 13MR Senior Deputy Clerk II (I?y, Clerk to the Value Adjustment Board 4J%'. Office: 2.39-252-8406 Fax: 239-252-8408 (if applicable) Avwt.Jevwtejohvt@CollierClerk.cowt 41 Office of the Clerk of the Circuit Court t` & Comptroller of Collier County 3299 Tawtiami Trail, Suite #401 Naples, FL 34112.-5324 www.CollierClerk.covtn i 1 6C PROFESSIONAL SERVICES AGREEMENT Contract# 21-7884 for Design Services for New Chiller Plant Building K, Jail Generator & Platform THIS AGREEMENT is made and entered into this 25 day of JanOcX , 20 22 by and between the Board of County Commissioners for Collier County, Fldrida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Matern Professional Engineering, Inc. authorized to do business in the State of Florida, whose business address is 130 Candace Drive, Maitland, Florida 32751-3331 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Services for New Chiller Plant Building K, Jail Generator & Platform (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANTS RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. Page 1 of 32 PSA_CCNA Single Project Agreement_Ver.4 CA 1 6C 5 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates K. Todd Griffith, PE, LEEP AP a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA_CCNA Single Project Agreement_Ver.4 CA 1 6C 5 Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestna,colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY Page 3 of 32 PSA_CCNA Single Project Agreement_Ver 4 CA° 1 6C 5 reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way- ROW, centerlines -CL, edge-of-pavement- EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under Page 4 of 32 PSA_CCNA Single Project Agreement_Ver.4 C 1 6C 5 this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not Page 5 of 32 PSA_CCNA Single Project Agreemcnt_Ver.4 1 6C5 authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the Page 6 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 6C 5 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 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 time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 7 of 32 PSA_CCNA Single Project Agreement_Ver.4 CM) 1 6C 5 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. I I G a-nt-Fundec the he�4r4 r s as set forth-arid identified in Schedule B, which is attached hereto, arc for purposes of providing cstimatc(s), as required by the grantor agency. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Page 8 of 32 PSA_CCNA Single Project Agreement_Ver.4 S 1 6C CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. Page 9 of 32 PSA_CCNA Single Project Agreement_Ver.4 CM) 16C 5 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS Page 10 of 32 PSA_CCNA Single Project Agreement_Ver.4 S 1 6C 5 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior Page 11 of 32 PSA_CCNA Single Project Agreement_Ver.4 16C5 written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services Page 12 of 32 PSA_CCNA Single Project Agreement_Ver.4 S 1 6C 5 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: Facilities Management Division Division Director: Ed Finn, Interim Director Address: 3335 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Timothy Rygiel Telephone: (239)438-5393 E-Mail(s): Timothy.Rygiel@colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Matern Professional Engineering, Inc. Address: 7680 Cambridge Manor Place, Suite 101 Fort Myers, Florida 33907 Attention Name & Title: K. Todd Griffith Telephone: (239) 332-1187 E-Mail(s): Tgriffith@matern.net 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. Page 13 of 32 PSA_CCNA Single Project Agreement_Ver.4 C 1 6C 5 ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 21-7884 , including all Attachment(s), Exhibit(s) &Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the Page 14 of 32 PSA CCNA Single Project Agreement_Ver.4 iCAO 1 6C 5 terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 15 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 6C 5 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21 .1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the Florida State law requirements set forth in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA_CCNA Single Project Agreement_Ver.4 Cp► 1 6C 5 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.,Kin el,,Clerk of Courts & Com trot[ :�•�• � A tY, � 4 By: (4 cam( , By: . Date: �` VT William L. McDaniel, Jr., Chairman - 'attest as to Chairman• '$ signature only. ppr ved1s to rm and Legality: ' +L4eL / pr►ly County Attorney 4 `r 4,‘ Name Consultant: Consultant's Witnesses: Matern Professional Engineering, Inc. 711 . By: //' Witness Pfo a '4seF "fk. VP t l Df �co'(l Laid c7 /"A � � �.J Ft, Name and Title Name and Title Djviojd/) ness a ` ail Nr V Name and Title Page 17 of 32 PSA_CCNA Single Project Agreernent_Ver/1 1 6C5 SCHEDULE A SCOPE OF SERVICES ❑■ following this page (pages 1 through 32) Page 18 of 32 PSA_CCNA Single Project Agreement_Ver.4 16C5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" SCHEDULE A SCOPE OF SERVICES A. GENERAL DESCRIPTION OF PROJECT A.1. This project designs an efficient and dependable Chiller Plant to provide cost effective solutions for safety, flexibility, and redundancy. The current chiller plant comprises two water-cooled chillers (total capacity of 1,100-tons) and a supplemental ice storage system that struggles to keep up with current demands. It is currently providing heating, ventilation, air conditioning (HVAC) to 13 buildings in over 800,000 sq. ft. of space throughout most of the main campus. These buildings represent over $240 million worth of Capital assets that service thousands of employees and residents of Collier County daily. A.2. The New Chiller Plant design and construction will provide the latest in mechanical equipment and technology for the Main Campus with an additional 900-tons of capacity to meet the new building loads, occupant demands, and future growth. This will also provide cost-effective solutions for safety, reliability, flexibility, and redundancy that is incumbent on a campus-wide Chiller Plant. A.3. The chiller plant concept presented includes the following: A.3.1. (4) 500 ton high efficiency air cooled chillers A.3.2. Primary-Secondary pump arrangement A.3.2.1. (5) Vertical Inline Primary pumps (4 duty/1 standby) A.3.2.2. (3) Vertical Inline Secondary pumps (2 duty/1 standby) A.3.2.3. Wall mounted variable frequency drives for each pump A.3.2.4. (3) Flat plate heat exchangers to decouple the plant primary loop from the campus secondary loop. A.3.2.5. (1) 14,000 TON-HOUR prestressed concrete chilled water thermal energy storage tank. Basis of design will be CROM. A.3.3. (1) 2500 kW standby generator A.3.3.1. One generator for the chiller plant load. A.3.3.2. Generator will be connected to allow either chiller to operate either load. Page 1 of 32 Schedule A—Scope of Services CAO 16C5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" A.3.3.3. Fuel storage including integral subbase tank and remote storage tank(s) A.3.3.4. Raised Chiller platform with open steel grate floor and louvered or perforated screen walls. A.3.3.5. Raised pump house building with provisions for plant operator's office, main electrical switchgear room, restroom facilities, storage room(s), building fire protection, etc. A.3.3.6. Glass storefront on pump house building. A.3.3.7. Building and tank interior and exterior lighting. A.3.3.8. Provisions for connection to utilities including power, water, storm, sewer, fiber, telephone, etc. A.3.3.9. Solar Photovoltaic panels on roof of pump house and/or above air cooled chillers. A.4. Total Project Budget: $ 14,000,000 B. TASK 1 —30% Construction Documents B.1. Based on the mutually agreed upon program, schedule and construction budget requirements, CONSULTANT shall prepare, for approval by the OWNER, 30% design documents consisting of drawings and other documents illustrating the scale and relationship of Project components. B.2. The CONSULTANT, working in collaboration with, managing, and coordinating the efforts of its sub-consultants will prepare 30% CDs in accordance with the project scope to include the following: programmatic scope review and schematic design approach to consolidate needs and wants from the established program. Drawings and other documents indicating the scale and relationships of Project components in conformance with program. Establish performance criteria. Finally, provide an opinion of probable construction cost. Deliverables for this task will include, but are not limited to: B.2.1. All necessary meetings with the OWNER to make sure the program and design solution are in line with the project intent and scope. B.2.2. All necessary meetings with the design team to make sure all systems are selected and preliminarily coordinated. B.2.3. Discuss with the OWNER alternative approaches to design and construction of the project. Page 2 of 32 Schedule A—Scope of Services 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" B.2.4. Discuss with the OWNER the feasibility of incorporating environmentally responsible design approaches. B.2.5. Prepare all major elements of the mechanical, electrical, plumbing, and fire protections systems. B.2.6. Provide all applicable codes review related to the scope for general compliance. B.2.7. Prepare Study models, perspective sketches, and/or digital modeling as needed. B.2.8. Project images/renderings clearly depicting design intent. B.2.9. Develop system elevations and note materials, fixtures, equipment, etc. B.2.10.Develop Building sections including typical details. B.2.11.Verify that all program requirements are incorporated in the plans. B.2.12.Prepare an Outline Specification with Project Description, general and regulatory requirements, preliminary building code, preliminary mechanical, electrical, plumbing, and fire protection system requirements. B.2.12.1. General statement of purpose of Schematic Design Package. B.2.12.2. Project description. B.2.12.3. Outline Specifications including general description of systems sufficient to meet the General Objectives of Phase. B.2.12.4. Project performance criteria established. B.3. CONSULTANT/SUB-CONSULTANT will prepare 30% CDs in accordance with the project scope to include the following: programmatic scope review and schematic design approach to consolidate needs and wants from the established program. Drawings and other documents indicating the scale and relationships of Project components in conformance with program. All building areas and volumes demarcated. Establish performance criteria. Finally, provide an opinion of provable construction cost. Deliverables for this task will include, but are not limited to: B.3.1. All necessary meetings with the OWNER to make sure the program and design solution are in line with the project intent and scope. Page 3 of 32 Schedule A—Scope of Services C AO 1 6C5 Request for Professional Services (RPS)#21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" B.3.2. All necessary meetings with the CONSULTANT to make sure all systems are selected and preliminarily coordinated. B.3.3. Discuss with the OWNER alternative approaches to design and construction of the project. B.3.4. Discuss with the OWNER the feasibility of incorporating environmentally responsible design approaches. B.3.5. Prepare all major plan elements of the building for all floors, with approximate accommodations for structure and Mechanical, Electrical and Plumbing (MEP). B.3.6. Confirm that all circulation elements conform with building and accessibility codes as well as with market requirements. B.3.7. Provide all applicable code reviews related to the scope for general compliance. B.3.8. Prepare study models, perspective sketches, and/or digital modeling. B.3.9. Project images/renderings clearly depicting design intent. B.3.10.Develop Building elevations and note exterior materials, fixtures, equipment, etc. B.3.11.Develop Building sections including typical foundation details. Indicate floor to floor dimensions, ceiling heights, major structural elements and major MEP transfer or horizontal distribution zones. B.3.12.Develop typical exterior wall sections, typical exterior details and typical exterior wall types with sufficient detail delineated in the drawings and adequately described in the Basis of Design Project Manual so that initial system pricing can be obtained. B.3.13.Verify that all program requirements are incorporated in the plans. B.3.14.Prepare an Outline Specification with Project Description, general and regulatory requirements, preliminary building code, preliminary accessibility analysis, structural requirements, acoustical requirements, outline basic interior and exterior construction and materials, include preliminary elevation study. B.3.14.1. General statement of purpose of Schematic Design Package. B.3.14.2. Project description. Page 4 of 32 Schedule A—Scope of Services 16C5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" B.3.14.3. Outline Specifications including general description of systems and finishes sufficient to meet the General Objectives of Phase. B.3.14.4. Project performance criteria established. B.3.15.Opinion of probable construction cost. B.4. CONSULTANT/SUB-CONSULTANT will prepare 30% CDs in accordance with the project scope to include the following: investigate and evaluate alternative framing schemes and recommend a preferred structural scheme for review and coordination with the OWNER and CONSULTANT. Begin analysis and design of the proposed structure and provide markups or design sketches to the CONSULTANT showing the selected structural layout and typical details, including preliminary outline specifications. Deliverables for this task will include, but are not limited to: B.4.1. Attend one, virtual or in-person, project kickoff meeting with the OWNER and CONSULTANT. B.4.2. Attend up to four 1-hour (average) virtual design coordination and review meetings with the OWNER and CONSULTANT. B.4.3. Provide 30% design services to illustrate the structural design concept to the OWNER and CONSULTANT. This consists of markups or design sketches showing the structural layout and typical details, including preliminary outline specifications. A formal 30% structural submittal is not anticipated. B.4.4. Prepare 30% order-of-magnitude Opinion of Probable Construction Cost (OPCC) for the structure. B.4.5. Review the Geotechnical Report provided by others. B.5. CONSULTANT/SUB-CONSULTANT will prepare 30% CDs in accordance with the project scope to include the following: consideration of access, parking, circulation, water management strategies, existing utility relocations, new utility services, and conceptual code minimum landscaping. Additionally, the CONSULTANT/SUB-CONSULTANT will perform mechanical coordination and review services. Deliverables will include, but are not limited to: B.5.1. Prepare for and attend one (1) 2-hour kickoff meetings with OWNER and CONSULTANT. Page 5 of 32 Schedule A—Scope of Services CA 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" B.5.2. Prepare for and attend one (1) 2-hour kickoff meetings with OWNER and CONSULTANT. B.5.3. Prepare for and attend one-hour average coordination meetings, conference calls or design workshop/design charrette meetings with OWNER and CONSULTANT. Four(4)meetings included. B.5.4. Develop project planning and permitting strategy, and schedule milestone dates with CONSULTANT and OWNER. B.5.5. Provide 30% level design services to coordinate the design goals of the CONSULTANT and OWNER and provide a common understanding of design solutions. B.5.6. Provide preliminary site plan layout in Auto Computer-Aided Design (ACAD) format for OWNER and CONSULTANT review. Revise site design and layout up to one (1)time based on comments. B.5.7. Provide drawings for site development to include hardscape materials and selections, site details, conceptual landscape design based upon Code Minimum requirements, and the coordination of site civil and landscape architecture development. B.5.8. Prepare site planning/design coordination exhibits in support of a Collier County pre-application meeting and other authorities. B.5.9. Prepare Rough-Order of Magnitude(ROM) of Probable Cost (OPC) B.5.10.Review the Geotechnical Report provided by others. B.5.11.Mechanical 30%CDs review and comment. B.5.12.Generate 30%CDs. B.5.12.1. Prepare and submit 30%CD submittals. B.5.12.2. Attend up to two (2) two-hour design and review sessions with CONSULTANT and OWNER. B.5.13.Obtain survey information and prepare an existing conditions and special purpose topographic survey with aerial overlay of the overall project area for design and permitting purposes. Boundary survey is not included nor anticipated for this project. The pre-design survey information will include the following: B.5.13.1. Establish horizontal and vertical control for pre-design survey in State Plane coordinates. Page 6 of 32 Schedule A—Scope of Services 1 6C 5 Request for Professional Services (RPS)#21-7884 "Design Services for New Chiller Plant Building K,Jail Generator&Platform" B.5.13.2. Horizontal locations and vertical elevations (HN) of any visible above- ground utility locations and other site elements to assist in the design and permitting phases. Location of site elements will include existing building foundation or facade location and finished floor elevation, storm drainage, structures, trench drains and yard drains, storm water detention areas, drainage and conveyance swales, light poles, transformer pads, sidewalk/pathways, driveways, curbs, fences, walls, locate existing vegetation (trees, palms, shrub massings, and landscape planters, and other above-ground appurtenances that may be impacted by the project. B.6. CONSULTANT/SUB-CONSULTANT will prepare 30% CDs in accordance with the project scope to include the following: B.6.1. Perform Subsurface Utility Engineering Level B services (designates)will be performed within the following Survey/SUE Limits. Exhibit and will include Ground Penetrating Radar (GPR) and electromagnetic utility locating. The information collected will be tied with the specific purpose survey and depicted in CAD to be geo-referenced. Additionally, the type of the detected utility lines will be identified when possible. B.6.2. Perform an estimated 25 Subsurface Utility Engineering Level-A test hole (locates) to determine precise location, elevation, size, type, and material of underground utilities determined by CONSULTANT to be in potential conflict with the proposed improvements or as needed. B.7. CONSULTANT/SUB-CONSULTANT will prepare 30% CDs in accordance with the project scope to include the following: B.7.1. The purpose of this exploration program is to evaluate the subsurface soil and groundwater conditions relative to the foundation support of the proposed building and tank structures. CONSULTANT/SUB- CONSULTANT therefore proposes the following scope of services: Obtaining necessary drilling permits, obtaining utility locates from Sunshine 811, and mobilizing a drill rig and crew to the site. It should be noted that Sunshine 811 will mark known subsurface utilities belonging to member companies only. It is understood that there are additional subsurface objects, structures, lines, and/or conduits at the site that Sunshine 811 will not mark. B.7.2. Mobilizing a drill rig and crew to the site. This proposal is based upon the site being accessible to a truck mounted drill rig. B.7.3. Staking the boring locations in the field based on GPS coordinates and/or measured or estimated distances from existing landmarks. Page 7 of 32 Schedule A—Scope of Services 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator&Platform" B.7.4. Performing 6 Standard Penetration Test (SPT) borings to depths of 40 feet below the ground surface (BGS)within the proposed building footprint. B.7.5. Performing 1 SPT boring to a depth of 75 feet BGS at the approximate center of the storage tank footprint. B.7.6. Performing 4 SPT borings to depths of 50 feet BGS around the approximate perimeter of the storage tank footprint. B.7.7. Grouting the test borings in accordance with regulatory requirements. B.7.8. Performing engineering analyses and preparing a Geotechnical Report for the project which will be provided to the OWNER in .pdf format. The geotechnical report will include a description of the investigation performed, soil and groundwater conditions encountered, and recommendations for foundation support of the proposed building and storage tank structures. C. TASK 2—60% CONSTRUCTION DOCUMENTS C.1. Based on the mutually agreed upon program, schedule and construction budget requirements, the CONSULTANT shall prepare, for approval by the OWNER, 60% Construction Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. C.2. The CONSULTANT working in collaboration with, managing, and coordinating the efforts of its sub-consultants will prepare 60% mechanical, electrical, plumbing, fire protection documents in accordance with the project scope to include drawings and other documents to further refine and describe based on schematic design the size and character of the project as to architectural, building systems, materials and such other elements as may be appropriate to meet the intent of the project and to ensure compliance with OWNER's systems standards for products and maintenance. Deliverables for this task will include, but are not limited to: C.2.1. All necessary meetings with the OWNER to make sure all building systems and material meet their standards. C.2.2. All necessary meetings with the design team to make sure all systems are fixed and developed. C.2.3. Further review with the OWNER alternative approaches to design and construction of the project. C.2.4. Further review with the OWNER the feasibility of incorporating environmentally responsible design,approaches. C.2.5. Complete full code compliance review on all applicable codes related to the Page 8 of 32 Schedule A—Scope of Services • 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" scope. C.2.6. Refine building information model (BIM) for systems coordination. C.2.7. Draft of specification sections pertaining to mechanical, electrical, plumbing, and fire protection systems. C.2.8. Generally completed plans coordinated with all building systems. C.2.9. Partial elevations with dimensions, notes and sections referenced. C.2.10.Specifications: C.2.10.1. Outline Specifications expanded or edited down as draft full sections. C.2.10.2. Draft of select full specification sections. C.2.10.3. GMP or early bid packages (if needed) - the following sections may be required for preliminary bidding; foundation system, structure, major building envelope systems. C.2.10.4. Opinion of probable construction cost. C.3. Based on the mutually agreed upon program, schedule and construction budget requirements, CONSULTANT/SUB-CONSULTANT shall prepare, for approval by the OWNER, 60% Construction Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. C.4. CONSULTANT/SUB-CONSULTANT will prepare 60% CDs in accordance with the project scope to include drawings and other documents to further refine and describe based on schematic design the size and character of the project as to architectural, building systems, materials and such other elements as may be appropriate to meet the intent of the project and to ensure compliance with OWNER's systems standards for products and maintenance. Deliverables for this task will include, but are not limited to: C.4.1. All necessary meetings with the OWNER to make sure all building systems and material meet their standards. C.4.2. All necessary meetings with the design team to make sure all systems are fixed and developed. C.4.3. Further review with the OWNER alternative approaches to design and construction of the project. Page 9 of 32 Schedule A—Scope of Services 0 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator&Platform" C.4.4. Further review with the OWNER the feasibility of incorporating environmentally responsible design approaches. C.4.5. Complete full code compliance review on all applicable codes related to the scope. C.4.6. Refine building information model (BIM) for systems coordination. C.4.7. Complete typical wall sections at 1/2" or 3/4" scale with notes and dimensions. C.4.8. Representative larger scale partial details at 1 1/2" or 3" scale. C.4.9. Draft of specification sections pertaining to exterior envelope including roofing,waterproofing, aluminum & glass systems and opaque wall systems. C.4.10.Door schedules for typical areas with draft of specifications for doors, frames and hardware. C.4.11.Generally completed plans and coordinated with all building systems. C.4.12.Coordinated reflected ceiling plans. C.4.13.Partial elevations with dimensions, notes and sections referenced. C.4.14.Complete finish schedules. C.S. Specifications: C.5.1.1. General statement of purpose of 60% construction document package. C.5.1.2. Outline Specification expanded or edited down as draft full sections. C.5.1.3. Draft of select full specification sections. C.5.1.4. GMP or early bid packages (if needed) - the following sections may be required for preliminary bidding; foundation system, structure, major building envelope systems. C.5.1.5. Opinion of provable construction cost. C.6. With the selected structural scheme, the CONSULTANT/SUB-CONSULTANT will continue with analysis and design of the proposed structures and provide structural plans, sections and details for the structures, including draft specifications. The CONSULTANT/SUB-CONSULTANT will attend virtual design team meetings. Page 10 of 32 Schedule A—Scope of Services S 1 6C 5 .� Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" The CONSULTANT/SUB-CONSULTANT will provide 60% design drawings for review by OWNER and the CONSULTANT. C.7. For the 60% Construction Documents phase, the CONSULTANT/SUB- CONSULTANT will continue the analysis and design of the selected scheme for the proposed structure and provide 60% structural plans, sections and details for the structure, including draft specifications. The CONSULTANT/SUB-CONSULTANT will submit 60% design drawings and specifications for review and coordination by the OWNER and the CONSULTANT. C.7.1.2.1. Attend up to four 1-hour (average) virtual design coordination and review meetings with the OWNER and CONSULTANT. C.7.2.2.2. Prepare and submit 60% structural plans and specifications. C.7.3.2.3. Prepare 60% Opinion of Probable Construction Cost (OPCC) for the structure. C.B. CONSULTANT/SUB-CONSULTANT will prepare 60% CDs for the new CEP and TES. Submittals for the 60% CDs will included plans, technical specifications, and an Opinion of Probable Cost (OPC). Additionally, CONSULTANT/SUB- CONSULTANT will perform mechanical coordination and review services. The CONSULTANT/SUB-CONSULTANT will present construction plan progress to OWNER and CONSULTANT with each submittal. Deliverables will include, but are not limited to: C.8.1. Prepare for and attend one-hour average coordination meetings, conference calls or design workshop/design charrette meetings with OWNER and CONSULTANT. Four(4)meetings included C.8.2. Update site plans, design, and CDs/specifications to a 60% level. C.8.3. Compute site plan layout in ACAD format for OWNER and CONSULTANT review. Revise site design and layout up to one (1) time based on comments. C.8.4. Prepare hydraulic modeling analysis in support of the proposed utilities and drainage infrastructure. C.9. Coordination with CONSULTANT team and participating designers on design needs and other items on their CDs and facility planning. C.10. Provide drawings for site development to include hardscape materials and selections, site details, design development landscape plans and the coordination of site civil and landscape architecture development. Page 11 of 32 Schedule A—Scope of Services .1 6 C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" C.11. Generate 60% complete CD plans/technical specifications. The intent of the 60% complete CD plans is to identify the scope of work in sufficient detail to allow for comment by CONSULTANT and OWNER, if desired, to prepare a preliminary budget for the Project, and to recommend any changes to the site design prior to proceeding with 90% and 100% final design and construction document generation. For a project of this size and scope,the following plans may be included: C.11.1.Aerial C.11.2.Existing Conditions &Demolition Plan C.11.3.Site Layout Plans C.11.4.Zoning Data Plan, including site, parking, setback summary tables C.11.5.Site Earthwork, Grading and Drainage Plans C.11.6.Secondary Drainage Plan C.11.6.1. Site Utility Plans C.11.6.2. Plan and Profiles C.l 1.6.3. Conduit Plans (site) C.1 1.6.4. Cross Sections C.1 1.6.5. Drainage Details C.11.6.6. Paving Details C.11.6.7. Erosion Control Plans C.11.6.8. Standard Municipality Details C.11.6.9. Design Development Landscape C.11.6.10. Prepare Opinion of Probable Cost(OPC) C.11.6.11. Mechanical 60% CDs review and comment. C.11.6.12. Generate 60% CDs and technical specifications. C.11.6.13. Prepare and submit 60%CD submittals. C.11.6.14. Attend up to two (2) two-hour design and review sessions with OWNER and CONSULTANT. Page 12 of 32 Schedule A—Scope of Services r m 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" C.1 1.6.15. Submit digital copies of the CDs to utility providers (electric, phone, cable, and gas) and other sub-consultant to finalize their design and service planning. D. TASK 3—90% CONSTRUCTION DOCUMENTS D.1. Based on the mutually agreed upon program, schedule and construction budget requirements, CONSULTANT shall prepare, for approval by the OWNER, 90% Construction Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. D.2. The CONSULTANT working in collaboration with, managing, and coordinating the efforts of its sub-consultants will prepare 90% mechanical, electrical, plumbing, fire protection CDs in accordance with the project scope to include drawings and other documents completed to describe all project aspects such as architectural, building systems, materials and all other elements comprising the full scope of the project and ensure compliance with OWNER's systems standards. The intent of this submittal is to get final feedback from the OWNER on systems details as depicted on this submittal. Deliverables for this task will include, but are not limited to: D.2.1. All necessary meetings with the OWNER to make sure all building systems are finalized and materials meet their standards. D.2.2. All necessary meetings with the design team to make sure all systems are fixed and fully developed. D.2.3. Finalize approach to design and construction of the project. D.2.4. Finalize incorporation of environmentally responsible design approaches. D.2.5. Complete full code compliance review on all applicable codes related to the scope. D.2.6. Refine building information model (BIM) for systems coordination. D.2.7. Draft of specification sections pertaining to mechanical, electrical, plumbing, and fire protection systems. D.2.8. Generally completed plans and coordinated with all building systems. D.2.9. Partial elevations with dimensions, notes and sections referenced. D.2.10.Specifications: Page 13 of 32 Schedule A—Scope of Services 1 6C Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" D.2.10.1. General statement of purpose of 90% CD Package D.2.10.2. Specifications expanded or edited down as draft full sections D.2.10.3. Draft of select full specification sections D.2.10.4. GMP or early bid packages (if needed) -the following sections may be required for preliminary bidding; chillers, pumps, heat exchangers, variable frequency drives, etc. D.2.10.5. Opinion of probable construction cost. D.3. Based on the mutually agreed upon program, schedule and construction budget requirements, CONSULTANT/SUB-CONSULTANT shall prepare, for approval by the OWNER, 90% Construction Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. D.4. CONSULTANT/SUB-CONSULTANT will prepare 90% CDs in accordance with the project scope to include drawings and other documents completed to describe all project aspects such as architectural, building systems, materials and all other elements comprising the full scope of the project and ensure compliance with OWNER's systems standards. The intent of this submittal is to get final feedback from the OWNER on systems details as depicted on this submittal. Deliverables for this task will include, but are not limited to: D.4.1. All necessary meetings with the OWNER to make sure all building systems are finalized and materials meet their standards. D.4.2. All necessary meetings with the design team to make sure all systems are fixed and fully developed. D.4.3. Finalize approach to design and construction of the project. D.4.4. Finalize incorporation of environmentally responsible design approaches. D.4.5. Complete full code compliance review on all applicable codes related to the scope. D.4.6. Refine building information model (BIM) for systems coordination. D.4.7. Complete typical wall sections at 1/2" or 3/4" scale with notes and Page 14 of 32 Schedule A—Scope of Services 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator & Platform" dimensions. D.4.8. Representative larger scale partial details at 1 1/2" or 3" scale. D.4.9. Draft of specification sections pertaining to exterior envelope including roofing, waterproofing, aluminum & glass systems and opaque wall systems. D.4.10.Door schedules for typical areas with draft of specifications for doors, frames and hardware. • D.4.11.Generally completed plans and coordinated with all building systems. D.4.12.Coordinated reflected ceiling plans. D.4.13.Partial elevations with dimensions, notes and sections referenced. D.4.14.Finish schedules completed. D.4.1 5.Specifications: D.4.15.1. General statement of purpose of 90% Construction Document Package. D.4.15.2. Outline Specification expanded or edited down as draft full sections D.4.15.3. Draft of select full specification sections D.4.15.4. GMP or early bid packages (if needed) - the following sections may be required for preliminary bidding; foundation system, structure, major building envelope systems. D.4.15.5. Opinion of probable construction cost. D.S. The CONSULTANT/SUB-CONSULTANT will address and respond to 60% review comments. CONSULTANT/SUB-CONSULTANT will continue with analysis and design of the proposed structures and provide structural plans, sections and details, including technical specifications. CONSULTANT/SUB-CONSULTANT will attend virtual design team meetings. CONSULSTANT/SUB-CONSULTANT will provide 90% design drawings for review by OWNER and the CONSULTANT. D.6. For the 90% Construction Documents phase, CONSULTANT/SUB- CONSULTANT will address and respond to 60% review comments. CONSULTANT/SUB-CONSULTANT will continue the analysis and design of the proposed structure and provide structural plans, sections and details, including Page 15 of 32 Schedule A—Scope of Services 1 6C5 . Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" technical specifications. CONSULTANT/SUB-CONSULTANT will submit 90% design drawings and specifications for review and coordination by the OWNER and the CONSULTANT. D.7. Attend up to four 1-hour (average) virtual design coordination and review meetings with the OWNER and CONSULTANT. D.B. Prepare and submit 90% structural plans and specifications. This may include minor changes to the design scheme. Substantial changes or redesign will require an amendment to the contract and fee. D.9. The CONSULTANT/SUB-CONSULTANT will prepare 90% CDs for the new CEP and TES. Submittals for the 90% CDs will included plans, technical specifications, and an Opinion of Probable Cost (OPC). Additionally, CONSULTANT/SUB- CONSULTANT will perform mechanical coordination and review services. CONSULTANT/SUB-CONSULTANT will present construction plan progress to OWNER with each submittal. Deliverables will include, but are not limited to: D.9.1. Prepare for and attend one-hour average coordination meetings, conference calls or design workshop/design charrette meetings with OWNER and CONSULTANT. Four(4) meetings included. D.9.2. Update final site plan, design, and CDs/specifications. We expect that this update will include minor changes to the design and CDs/specifications. Substantial changes or redesign will require an amendment to the contract and fee. D.9.3. Finalize hydraulic modeling analysis and prepare engineering summary report in support of the proposed drainage infrastructure. D.9.4. Coordination with CONSULTANT and participating designers on design needs and other items on their CDs and facility planning. D.9.5. Provide drawings for site development to include hardscape materials and selections, site details, landscape and diagrammatic irrigation plans depicting suggested controller, rain sensor, point of connection, and primary main line routing locations, and the coordination of site civil and landscape architecture development. D.9.6. Design fire, storm drainage and surface water management utilities and facilities necessary for the project. D.9.7. Mechanical 90%CDs review and comment. D.9.8. Generate 90%CDs and technical specifications. Page 16 of 32 Schedule A—Scope of Services S 1 6C5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" D.9.9. Prepare and submit 90% CD submittals. D.9.10.Attend up to two (2) two-hour design and review sessions with OWNER and CONSULTANT. E. TASK 4— 100% CONSTRUCTION DOCUMENTS E.1. The CONSULTANT working in collaboration with, managing, and coordinating the efforts of its consultants will prepare 100% complete mechanical, electrical, plumbing, fire protection construction documents in accordance with the project scope to include drawings and other documents completed to describe all project aspects such as building systems materials and all other elements comprising the full scope of the project and compliance with OWNER's systems standards. The intent of this submittal is to address all comments from OWNER and submit for permitting and bidding. Deliverables for this task will include, but are not limited to: E.1.1. Finalized approach to design and construction of the project. E.1.2. Finalized environmentally responsible design approach. E.1.3. Complete full code compliance review on all applicable codes related to the scope. E.1.4. Finalized building information model (BIM). E.1.5. Finalized construction documents. E.1.6. Specifications: E.1.7. Statement of purpose of 100%CD Package. E.1.8. Full specification sections. E.2. GMP or early bid packages (if needed) - the following sections may be required for preliminary bidding; chillers, pumps, heat exchangers, variable frequency drives. E.3. CONSULTANT/SUB-CONSULTANT will prepare 100% construction documents in accordance with the project scope to include drawings and other documents completed to describe all project aspects such as architectural, building systems, materials and all other elements comprising the full scope of the project and ensure compliance with OWNER's systems standards. The intent of this submittal is to address all comments from OWNER and submit for permitting and bidding. Deliverables for this task will include, but are not limited to: Page 17 of 32 Schedule A—Scope of Services S 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" E.3.1. Finalized approach to design and construction of the project. E.3.2. Finalized environmentally responsible design approach. E.3.3. Complete full code compliance review on all applicable codes related to the scope. E.3.4. Finalized building information model (BIM). E.3.5. Finalized construction documents. E.3.6. Specifications: E.3.7. Statement of purpose of Design Development Package. E.3.8. Full specification sections. E.4. GMP or early bid packages (if needed) - the following sections may be required for preliminary bidding; foundation system, structure, major building envelope systems. E.5. CONSULTANT/SUB-CONSULTANT will address and respond to 90% review comments. CONSULTANT/SUB-CONSULTANT will complete the analysis and design of the proposed structures and provide complete structural plans, sections and details, including final technical specifications. CONSULTANT/SUB- CONSULTANT will attend virtual design team meetings. CONSULTANT/SUB- CONSULTANT will provide signed and sealed design drawings for bidding and permitting. E.6. For the 100% Construction Documents phase, CONSULTANT/SUB- CONSULTANT will address and respond to 90% review comments. CONSULTANT/SUB-CONSULTANT will complete the analysis and design of the proposed structure and provide complete structural plans, sections and details, including final technical specifications. CONSULTANT/SUB-CONSULTANT will provide signed and sealed design drawings for bidding and permitting. E.7. Attend up to two 1-hour (average) virtual design coordination and review meetings with the OWNER and CONSULTANT team. E.8. Prepare and submit 100% structural plans and specifications. This may include minor changes to the design scheme. Substantial changes or redesign will require an amendment to the contract and fee. E.9. CONSULTANT/SUB-CONSULTANT will prepare 100% complete CDs for the new CEP and TES. Submittals for the 100% CDs will include plans, technical specifications, and an Opinion of Probable Cost (OPC). Additionally, CONSULTANT/SUB-CONSULTANT will perform mechanical coordination and review services. CONSULTANT/SUB-CONSULTANT will present construction Page 18 of 32 Schedule A—Scope of Services CAO 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" plan progress to OWNER with each submittal. Deliverables will include, but are not limited to: E.9.1. Update final design and CDs/specifications. We expect that this update will include minor changes to the design and CDs/specifications. Substantial changes or redesign will require an amendment to the contract and fee. E.9.2. Prepare for and attend one-hour average coordination meetings, conference calls or design workshop/design charrette meetings with OWNER and CONSULTANT. Two (2)meetings included. E.9.3. Compute the final site plan layout in ACAD format for final OWNER and CONSULTANT review. Revise site design and layout one-time based on comments. E.9.4. Finalize hydraulic modeling analysis and prepare engineering summary report in support of the proposed drainage infrastructure. E.9.5. Coordination with CONSULTANT and participating designers on design needs and other items on their CDs and facility planning. E.9.6. Provide drawings for site development to include hardscape materials and selections, site details, enhanced landscape and final irrigation plans and the coordination of site civil and landscape architecture development. E.9.7. Design fire, storm drainage and surface water management utilities and facilities necessary for the project. E.9.8. Mechanical 100%CDs review and comment. E.9.9. Generate complete CDs and technical specifications. Design Submittals and Review Sessions for all disciplines: E.9.10.Prepare and submit 100%complete CD submittals. E.9.11.Attend up to two (2)two-hour design and review sessions with OWNER and CONSULTANT. E.9.12.Submit copies of the 60% and final 100% CDs (two submittals) to dry utility providers (electric, phone, cable and gas) or other sub-consultants to finalize their design and service planning, and coordinate with Utility Providers as necessary to facilitate construction. F. TASK 5— BIDDING AND PERMITTING SERVICES F.1. Based on the mutually agreed upon program, schedule and construction budget Page 19 of 32 Schedule A—Scope of Services 1 6C 5 Request for Professional Services(RPS)#21-7884 "Design Services for New Chiller Plant Building K,Jail Generator&Platform" requirements, CONSULTANT shall assist, the OWNER, during the bidding/permitting phase. F.2. The CONSULTANT working in collaboration with, managing, and coordinating the efforts of its sub-consultants will provide bidding and permitting services to ensure a review of bids and scope are in line with the project's scope and to also ensure a permit is secured for this project. F.3. Review of preconstruction RFI's and issue addendums as needed based on feedback from the Construction Manager, the sub-consultants and the permitting agencies. The CONSULTANT will also evaluate value engineering options should the project require them and as approved by the OWNER. Deliverables for this task will include, but are not limited to: F.3.1. Bidding: F.3.1.1. Attendance at Pre-Bid conference. F.3.1.2. Review of construction manager's request for information (RFIs). F.3.1.3. Issuance of addendums as needed. F.3.1.4. Attendance at bid opening. F.3.1.5. Review of GMP and trade scope. F.3.1.6. Evaluation of value engineering options. F.3.1.7. Implementation of value engineering options (as directed by the OWNER and not included on basic services if beyond the project scope and/or budget). F.3.2. Permitting: F.3.2.1. Attendance to resubmittal meetings. F.3.2.2. Issuance of permit documents F.3.2.3. Review of permit comments. F.3.2.4. Issuance of permit comments response and documents modifications. F.3.2.5. Attendance to necessary meeting with the building department to review particulars as needed to obtain a permit. Page 20 of 32 Schedule A—Scope of Services 1 6C5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" F.4. Based on the mutually agreed upon program, schedule and construction budget requirements, the CONSULTANT/SUB-CONSULTANT shall assist, the OWNER, during the bidding/permitting phase F.5. CONSULTANT/SUB-CONSULTANT will provide bidding and permitting services to ensure a review of bids and scope are in line with the project's scope and to also ensure a permit is secured for this project. Review of preconstruction RFI's and issue addendums as needed based on feedback from the Construction Manager, the sub-consultants and the permitting agencies. The CONSULTANT will also evaluate value engineering options should the project requires them and as approved by the OWNER. Deliverables for this task will include, but are not limited to: F.5.1. Bidding: F.5.1.1. Attendance to Pre-Bid conference. F.5.1.2. Review of construction manager's request for information (RFIs). F.5.1.3. Issuance of addendums as needed. F.5.1.4. Attendance to bid opening. F.5.1.5. Review of GMP and trade scope. F.5.1.6. Evaluation of value engineering options. F.5.1.7. Implementation of value engineering options (as directed by the OWNER and not included on basic services if beyond the project scope and/or budget). F.5.2. Permitting: F.5.2.1. Attendance to resubmittal meetings. F.5.2.2. Issuance of permit documents F.5.2.3. Review of permit comments. F.5.2.4. Issuance of permit comments response and documents modifications. F.5.2.5. Attendance to necessary meeting with the building department to review particulars as needed to obtain a permit. Page 21 of 32 Schedule A—Scope of Services cM 1 6C Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K, Jail Generator & Platform" F.6. CONSULTANT/SUB-CONSULTANT will attend the pre-bid meeting and respond to structural pre-bid requests for Information (RFIs). F.7. For the Bidding and Permitting Services phase, CONSULTANT/SUB- CONSULTANT will attend the pre-bid meeting and respond to structural permit review comments and pre-bid Requests for Information (RFIs). F.7.1.1. Attend one, virtual or on-site, pre-bid meeting. F.7.1.2. Respond to permit review comments related to the structure. F.7.1.3. Respond to bidder Requests for Information (RFIs) related to the structure within three (3) business days. F.8. Bidding Services Bidding services will include the following services supporting the OWNER: F.8.1.1. Support OWNER by providing clarifications and addenda, including clarifications of the drawings and specifications during the bidding process, as required. F.8.1.2. Issue completed civil and landscape bid documents including permit approvals. F.8.1.3. Attend Pre-bid Meeting. F.8.1.4. Support OWNER with responses to Q&A within three (3) business days of questions. F.8.1.5. Support OWNER with review Bids and Alternates. F.9. Permit Application and Support Services: It is acknowledged that the project will require all necessary State and Local permits. CONSULTANT/SUB- CONSULTANT will apply for and obtain all necessary State and Local permits by submitting construction plans, calculations with supporting reports, and any other materials required by the permitting agencies. F.10. CONSULTANT/SUB-CONSULTANT will attend the required pre-application meetings with the various regulatory agencies, including preparation, meeting attendance, minutes, and review and permit strategy sessions with the OWNER and CONSULTANT. Permits include, but are not limited to: SFWMD Environmental Resource Permit F.10.1.1. Prepare SFWMD Modification Application Page 22 of 32 Schedule A—Scope of Services CA 1 6C5 Request for Professional Services (RPS)#21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" F.10.1.2. Assemble supporting documents and submit initial permit applications to SFWMD. SFWMD applications shall include, and be limited to, the following: F.10.1.3. SFWMD Environmental Resource Permit (ERP) Minor Modification permit (to address Surface Water Management within project boundary) F.10.1.4. SFWMD Water Use Permit(Dewatering) F.10.1.5. Additional coordination and return as is responses to address the additional calculations included herein. This scope of services assumes up to two (2) sufficiency responses. F.10.1.6. Review and, if necessary, perform edits to the SFWMD ERP staff report and permits issued for the Project. Coordinate with SFWMD and OWNER as necessary to facilitate any revisions and obtain permit approval. F.11. FDEP Wastewater Collection System and Potable Water Distribution Systems, if required F.12. Assemble supporting documents and submit initial permit application to FDEP F.12.1. Assemble supporting documents and submit sufficiency responses for FDEP permit application to obtain approvals and to facilitate construction, as necessary. This scope of service assumes up to two (2) sufficiency responses for each permit application. F.13. Collier County Site Development Plan Amendment F.13.1. Assemble supporting documents and submit initial permit applications to Collier County application shall include, and be limited to,the following: F.13.1.1. Collier County Utility Deviations, if necessary F.13.1.2. Collier County Site Development Plan Amendment (SDPA) F.13.2. Assemble supporting documents and submit sufficiency responses for Collier County SDPA application to obtain approvals and to facilitate construction, as necessary. This scope of service assumes up to two (2) sufficiency responses for each permit application. F.13.3. Collaborate and assist other sub-consultants in the preparation and Page 23 of 32 Schedule A—Scope of Services CA0 1 6C5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" submittal of the various initial and sufficiency responses to obtain the necessary approvals to facilitate construction of the Project. F.13.4. Obtain Availability of Service approval letters from the applicable regulatory agencies and utility providers. F.13.5. Finalize site, paving, grading, potable water, wastewater, and code landscape Opinion of Probable Cost (excluded potable water and fire infrastructure)to determine application review and inspection fees. F.13.6. Landscape Code Minimum Submittal F.13.6.1. CONSULTANT/SUB-CONSULTANT will prepare the necessary landscape code minimum drawings to make application to Collier County for SDPA approval (this includes foundation, buffer, and vehicular use area plantings as applicable). The code minimum landscape plans will address plant specifications, details, and notes for the required plantings. Enhanced planting design and associated drawings are excluded from this submittal and provided for under separate task. Code required site inspection and Certificate of Completion to Collier County as to the code landscape installation completion of work will be provided under a separate task (such as Observation of Work) and is excluded from this task. F.13.6.2. Code level irrigation plans will be schematic and intended for Collier County approval only. Full irrigation design is excluded from this submittal and provided under separate task. F.13.6.3. CONSULTANT/SUB-CONSULTANT will include up to two (2) plan submittal responses (if required). If necessary, additional submittals will be provided under a change order. F.13.6.4. Landscaping Plans will be in accordance with Collier County regulatory requirements, see link below: https://library.municode.com/fl/collier county/codes/land development code G. TASK 6 - OBSERVATION OF WORK SERVICES G.1. CONSULTANT working in collaboration with, managing, and coordinating the Page 24 of 32 Schedule A—Scope of Services CM) 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator & Platform" efforts of its sub -consultants shall provide basic services work in this phase including the observation and tracking of progress of the construction with reports and photos and the interpretation of the documents through the answering of RFI's, the issuing of ASI's and Change Orders, reviewing shop drawings, attending weekly meetings and making regular site visits. G.2. CONSULTANT's observation of work services are intended to improve the OWNER's level of confidence that construction on the project meets the intent of the construction documents by participating in Owner/Architect/Contractor (OAC) meetings, reviewing request for information, submittals and progress reports. Deliverables for this task will include, but are not limited to: G.2.1. Attendance of OAC meetings (bi-weekly). G.2.2. Attendance of specific trade building systems coordination meetings. G.2.3. Review of RFI's and respond within three (3) business days. G.2.4. Issuance of Architects Supplementary Instructions (ASIs). G.2.5. Submittals Review. G.2.6. Pay application review. G.2.7. Contingency adjustment applications review. G.2.8. Change order applications review. G.2.9. Issuance of field reports (bi-weekly). G.2.10.Issuance of substantial completion. G.3. CONSULTANT/SUB-CONSULTANT shall provide basic services work in this phase including the observation and tracking of progress of the construction with reports and photos and the interpretation of the documents through the answering of RFI's, the issuing of ASI's and Change Orders, reviewing shop drawings, attending weekly meetings and making regular site visits. G.4. CONSULTANT/SUB-CONSULTANT observation of work services are intended to ensure construction on the project meets the intent of the construction documents by participating in OWNER and Contractor meetings, reviewing request for information, submittals and progress reports. Deliverables for this task will include, but are not limited to: G.4.1. Attendance of OAC meetings (bi-weekly). Page 25 of 32 Schedule A—Scope of Services G�' 16Ct Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" G.4.2. Attendance of specific trade building systems coordination meetings. G.4.3. Review of RFI's. G.4.4. Issuance of Architects Supplementary Instructions(ASIs). G.4.5. Submittals Review. G.4.6. Pay application review. G.4.7. Contingency adjustment applications review. G.4.8. Change order applications review. G.4.9. Issuance of field reports (bi-weekly). G.4.10.Issuance of substantial completion. G.5. CONSULTANT/SUB-CONSULTANT will review structural shop drawing submittals, including one resubmittal of each, and respond to up to twenty structurally- related contractor RFIs. Structural Consultant will attend up to twelve virtual Owner-Architect-Contractor(OAC) meetings and two OAC meetings on site. CONSULTANT/SUB-CONSULTANT will provide up to an additional two site visits to address field conditions or contractor questions. If requested, CONSULTANT/SUB-CONSULTANT will provide structural as-built drawings from information provided by the contractor. G.6. For the Observation of Work Services (Construction Administration) phase, CONSULTANT/SUB-CONSULTANT will review structural shop drawing submittals and respond to Contractor RFIs. CONSULTANT/SUB-CONSULTANT will attend Owner/Architect/Contractor (OAC) meetings and observe the construction progress. If requested, Structural Consultant will provide as-built structural drawings. Threshold inspections, if required for this structure, are specifically excluded from this scope. G.6.1. Attend one, virtual or on-site, pre-construction / kick-off meeting with the OWNER, CONSULTANT and Contractor. G.6.2. Review structural shop drawings and product submittals for conformance with the plans and specifications. Review includes one resubmittal of each. G.6.3. Respond to up to 20 structural-related Contractor Requests for Information (RFIs). G.6.4. Review material test reports for conformance with the plans and specifications. Page 26 of 32 Schedule A—Scope of Services CAO 1 6C 5 Request for Professional Services (RPS)#21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" G.6.5. Attend, as needed, up to 12 weekly or bi-weekly virtual Owner/Architect/Contractor (OAC) construction meetings. CONSULTANT/SUB-CONSULTANT will provide up to an additional two on-site visits to observe the construction progress and address field conditions or contractor questions. G.6.6. If requested, prepare record drawings based on as-built information provided by the Contractor. G.7. CONSULTANT/SUB-CONSULTANT's Observation of Work services to include shop drawing review, RFI's, project permit closeout documents, review of Contractor's record drawings in CAD and PDF format, and all final certifications. The scope and fee of this proposal assumes a construction period of up to sixteen (16) months. G.7.1. Construction Administration: G.7.1.1. Attend up to three (3) pre-construction/kick-off meetings with regulatory agencies, OWNER, CONSULTANT team and contractors. Some attendance may be virtual. G.7.1.2. Civil or LA attend bi-weekly Owner/Architect and Contractor (OAC)construction meetings (32 maximum). G.7.1.3. Attend meetings or conference calls with OWNER, CONSULTANT and/or contractor on an as-needed basis to discuss construction progress and to address any site related issues that may arise. G.7.1.4. Coordinate and respond to Requests for Information(RFIs). G.8. Review shop drawings for conformance with design concepts provided within the CONSULTANT/SUB-CONSULTANT plans and technical specifications. G.8.1. Conduct periodic site visits to observe progress of on-going construction and verify improvements are constructed in general accordance with the CONSULTANT/SUB-CONSULTANT construction plans and technical specifications. Site visits will be discipline based given the work under review. Assumes and average of two (2)hours per week. G.8.2. Observe and review test results for preparation of the required site- civil engineer's certifications, as required. G.9. Certifications and Substantial Compliance Services: G.9.1. Conduct final site visits with regulatory agencies, OWNER, and contractors. Page 27 of 32 Schedule A—Scope of Services CA() 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K, Jail Generator & Platform" G.9.2. Code required site inspection and Certificate of Completion to Collier County as to the code landscape installation completion of work and prepare punch lists identifying corrective actions if required. G.9.3. Prepare record drawings based on certified record survey (as-built) information provided by the selected contractor's surveyor. G.9.4. Prepare, submit, and support certifications of substantial compliance (including supporting documents) to the COUNTY, SFWMD, and if required, FDEP. G.9.5. Note: CONSULTANT/SUB-CONSULTANT shall be responsible for all site-civil engineering related COUNTY utility conveyance or site acceptance checklist items. All other checklist items, such as legal and contractor documents shall be prepared by the CONSULTANT, CONSULTANT's selected attorney and contractor. H. TASK 7—COMMISSIONING H.1. CONSULTANT will provide code-required commissioning services in accordance with Florida Building Code 7th Edition (2020) Energy Conservation, Section C408. Basic Scope of Services for Construction (Cx) shall be as outlined below. H.2. CONSULTANT Commissioning Authority (CxA) will lead, review and oversee the completion of the Cx process activities. The CxA will be independent of the CONSULTANT and construction administration team. The CxA will report results, findings, and recommendations directly to the COUNTY. H.3. The OWNER's Project Requirements (OPR) is a written document prepared by the OWNER that details the requirements of the project and the expectations of how it will be used and operated. This includes project goals, measurable performance criteria, cost considerations, benchmarks, success criteria, and supporting information. The CxA will review the OPR for clarity and completeness. The CxA is not responsible for updates or modifications to the OPR. H.4. The Basis of Design (BOD) is a written document prepared by the CONSULTANT that records the concepts, calculations, decisions, and product selections used to meet the OPR and to satisfy applicable regulatory requirements, standards, and guidelines. The document includes both narrative descriptions and lists of individual items that support the design process. The CxA will review the BOD for clarity and completeness. The CxA is not responsible for updates or modifications to the BOD. H.5. The CxA will develop and incorporate the Cx requirements into the construction documents, with the assistance of and in collaboration with the design team. H.6. The CxA will develop and implement the Commissioning Plan. The Commissioning Plan will be updated throughout the course of design and construction phases, and Page 28 of 32 Schedule A—Scope of Services 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" shall include the following Code-required content as a minimum: H.6.1. A narrative description of the activities that will be accomplished during each phase of commissioning, including the personnel intended to accomplish each of the activities. H.6.2. A listing of the specific equipment, appliances or systems to be tested and a description of the tests to be performed. H.6.3. Functions to be tested, including, but not limited to calibrations. H.6.4. Conditions under which the test will be performed. Testing shall affirm winter and summer design conditions and full outside air conditions. H.6.5. Measurable criteria for performance. H.7. The CxA will conduct periodic site observation visits to review the installation of systems being commissioned and witness some equipment start up. A total of(2) two commissioning observational site visits, in addition to functional testing, are included in this proposal. H.8. The CxA will maintain an Issues Log throughout the Cx process. H.9. The CxA will lead the team in the Functional Performance Testing phase and will verify the installation and performance of the each of the systems to be commissioned, as required by Code: H.10. Equipment functional performance testing shall demonstrate the installation and operation of components, systems, and system-to-system interfacing relationships in accordance with approved plans and specifications such that operation, function, and maintenance serviceability for each of the commissioned systems is confirmed. Testing shall include all modes and sequence of operation, including under full-load, part-load and the following emergency conditions: H.10.1.All modes as described in the sequence of operation H.10.2.Redundant or automatic back-up mode H.10.3.Performance of alarms H.10.4.Mode of operation upon a loss of power and restoration of power H.11. HVAC and service water-heating control systems shall be tested to document that control devices, components, equipment, and systems are calibrated, adjusted and operate in accordance with approved plans and specifications. Sequences of operation shall be functionally tested to document they operate in accordance with approved plans and specifications. Page 29 of 32 Schedule A—Scope of Services 1 6C 5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" H.12. Lighting System Functional Testing shall ensure that control hardware and software are calibrated, adjusted, programmed and in proper working condition in accordance with the construction documents and manufacturer's instructions. H.13. Occupant Sensor Controls—Where occupant sensor controls installed, the following procedures shall be performed: H.13.1.Confirm that the occupant sensor has been located and aimed in accordance with manufacturer recommendations. H.13.2.For occupant sensor controls to be tested, the following will be verified: Verify correct operation of status indicators; the controlled lights turn off or down to the permitted level within the required time; for auto-on controls, the lights turn on to the permitted level when an occupant enters the space; for manual-on controls, the lights turn on only when manually activated; the lights are not incorrectly turned on by movement in adjacent areas or by HVAC operation. H.14. Time-Switch Controls — Where time-switch controls are installed, the following procedures shall be performed: H.14.1. Confirm that the time-switch control is programmed with accurate weekday, weekend and holiday schedules. H.14.2.Provide documentation to the OWNER of time-switch controls programming including weekday, weekend, holiday schedules, and set-up and preference program settings. H.14.3.Verify the correct time and date in the time switch. H.14.4.Verify that any battery back-up is installed and energized. H.14.5.Verify that the override time limit is set to not more than 2 hours. H.14.6.Simulate occupied condition. Verify and document that (a) all lights can be turned on and off by their respective area control switch, and (b) the switch only operates lighting in the enclosed space in which the switch is located. H.14.7. Simulate unoccupied condition. Verify and document that (a) nonexempt lighting turns off and (b) manual override switch allows only the lights in the enclosed space where the override switch is located to turn on or remain on until the next scheduled shutoff occurs. H.14.8. Additional testing as specified by the registered design professional on the permit documents. Page 30 of 32 Schedule A—Scope of Services 1 6C t) Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" H.15. Daylight Responsive Controls — Where daylight responsive controls are installed, the following procedures shall be performed: H.15.1. Control devices have been properly located, field calibrated and set for accurate setpoints and threshold light levels. H.15.2. Daylight controlled lighting loads adjust to light level set points in response to available daylight. H.15.3. The locations of calibration adjustment equipment are readily accessible only to authorized personnel. H.16. Documentation of the above will be provided to the building OWNER within 90 days from the date of receipt of the certificate of occupancy. H.17. The CxA will complete a Preliminary Cx Report prior to substantial completion and provide it to the OWNER. The Preliminary Cx Report shall include the following Code-required content as a minimum: H.17.1. Itemization of deficiencies found during the required testing that have not been corrected at the time of report preparation. H.17.2. Deferred tests that cannot be performed at the time of report preparation because of climatic conditions. H.17.3. Climatic conditions required for performance of the deferred tests. H.18. Per the Code, Buildings, or portions thereof, shall not pass the final mechanical inspection until such time as the Code Official has received a letter of transmittal from the building OWNER acknowledging that the building OWNER has received the Preliminary Commissioning Report. H.19. The CxA will verify that project closeout documents, to be provided by the contractor (record drawings, Operations & Maintenance manual, and system balancing report) are provided within 90 days of the date of receipt of the Certificate of Occupancy. H.20. The CxA will produce and distribute to the OWNER a Final Cx Report of test procedures and results within 90 days of the date of receipt of the Certificate of Occupancy and which shall include the following Code-required content as a minimum: H.20.1. Results of functional performance tests. H.20.2. Disposition of deficiencies found during testing, including details of corrective measures used or proposed. H.21. Functional performance test procedures used during the commissioning process including measurable criteria for test acceptance, provided herein for repeatability. Exception: Deferred tests which cannot be performed at the time of report preparation due to climatic conditions Page 31 of 32 Schedule A—Scope of Services 1 6C5 Request for Professional Services (RPS) #21-7884 "Design Services for New Chiller Plant Building K,Jail Generator& Platform" ADDITIONAL SERVICES Additional Services Requiring OWNER's Written Authorization I.1. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER or others unless otherwise described above. 1.2. The preparation of feasibility studies(such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities. I.3. Additional services made necessary by changes in the scope of the work as directed by the OWNER. I.4. Providing services in connection with evaluating more than a reasonable number of substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting there from. I.5. LEED Services: Certified, Silver, Gold, etc. 1.6. Green Globes certification using integrated design process, life cycle assessments and multiple attribute evaluations END DETAILED SCOPE OF WORK Page 32 of 32 Schedule A—Scope of Services CAO 1 6C 5 SCHEDULE B 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 1 30% Construction Documents $222,432 $69,886 2 60% Construction Documents $259,197 $ 3 90% Construction Documents $239,389 $ 4 100% Construction Documents $97,867 $ 5 Bidding and Permitting Services $89,157 $ 6 Observation of Work Services $ $272,993 7 Commissioning $ $29,190 8 Owner's Design Contingency $ $$126,863 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ 908,042 Total Time and Materials Fee $498,932 GRAND TOTAL FEE $1,406,974 Page 19 of 32 PSA_CCNA Single Project Agreement_Ver.4 1%()) 1 6C5 B.2.2. ❑*Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. Er Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 6C5 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. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 6C 5 B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 22 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 6C 5 SCHEDULE B -ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Design Principal Engineer/QC $225.00 Design Sr. Project Manager/Engineer V $165.00 Design Engineer IV $140.00 Design Project Manager $130.00 Design Engineer II/Designer IV/Field Tech III/CAD/BIM Support II $110.00 Design Engineer I/Designer III/Field Tech II $95.00 Designer II/Field Tech I/CAD/BIM Tech $80.00 Designer I/CADD Tech/Clerical $65.00 Architectural Principal In Charge $270.00 Architectural Project Manager $240.00 Architectural Senior Architect $180.00 Architectural Project Architect $150.00 Architectural Intern Architect $102.00 Architectural Senior Construction Manager $180.00 Architectural Construction Manager $150.00 Architectural Administrative Support $96.00 Structural Principal Engineer $235.00 Structural Senior Engineer II $190.00 Structural Assistant Engineer II $110.00 Structural Sr. CAD Manager $135.00 Structural Sr. CAD Designer $120.00 Structural Project Administration $90.00 Civil Principal $234.00 Civil Sr. Project Manager $212.00 Civil Senior Engineer $200.00 Civil Project Manager $190.00 Civil Surveyor $190.00 Civil Sr. Landscape Architect $172.00 Civil Engineer $158.00 Civil Designer $138.00 Civil Survey Technician $138.00 Civil Administrative $131.00 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. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 6C 5 SCHEDULE B—ATTACHMENT 2 CONSULTANT'S HOURLY RATE SCHEDULE TITLE Hourly Rate Senior Surveyor $195.00 Survey CAD Technician $95.00 SUE/Survey Technician 2 $87.00 SUE/Survey Technician 1 $45.00 Geotechnical Engineer $160.00 Enviromental Engineer $185.00 Principal Enviromental Engineer $225.00 1 6C SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days Task/Item For Completion of Task Description from Date of Notice to Proceed Task #1 30% Construction Documents 60 Task #2 60% Construction Documents 120 Task #3 90% Construction Documents 180 Task #4 100% Construction Documents 210 Task #5 Bidding and Permitting 300 Task #6 Observation of Work 660 Task #7 Commissioning 720 Page 24 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 6C 5 SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 0132 PSA_CCNA Single Project Agreement_Ver.4 I 6C '= 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? 1.1 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 n No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes ■ No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? 10 Yes No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA_CCNA Single Project Agreement_Ver.4 CAO 1 6C 5 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? n Yes • 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 ■ No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? • Yes ^ No Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. Page 27 o1'32 PSA_CCNA Single Project Agreement_Ver.4 C k0 1 6C 5 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? I I Yes ■ No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? n Yes n No Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? Yes n No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 6C 5 of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA_CCNA Single Project Agreement_Ver.4 CM) 1 6C SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Matern Professional 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 " Design Services for New Chiller Plant Building K, Jail Generator & Platform "project" is accurate, complete and current as of the time of contracting. �% i BY: /1 (r;41 d �r TITLE: tar nn--11 of UR.Di via iem DATE: I (1 o24 Page 30 of 32 PSA_CCNA Single Project Agreement_Ver.4 •CAO 1 6C5 = • SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time K. Todd Griffith Principal Engineer 14% Scott Lain Engineer V 14% Robert Moss Engineer II 24% Luke DeCaires Engineer I 24% Nicholas Haven Designer III 16% NJ Nowakthar Engineer IV 4% Todd Stoltz Commissioning Agent 1 Jeremy Moore Commissioning Agent 1% Amanda Wallace Clerical 9% Robert Donahue Designer IV 16% Bob Potter Senior Surveyor 1% Jesse Warner Survey CAD Technician 2% Tyler Eaton SUE/Survey Crew Chief 3% Maddox Latham SUE/Survey Technician II 3% Joel Torres SUE/Survey Technician I 5% Jim Lange Prinicpal Engineer 1% Rafael Jimenez Senior Engineer II 6% Ben Holland Assistant Engineer II 6% Ryan Ball Senior CADD Manager 1% Blaine Lind Senior CADD Designer 8% Stephanie St Onge Project Administration 1% Charles Gutekunst Principal in Charge 2% Javier Salazar Project Manager 7% Charles Gutekunst Senior Architect 1% Sanjay Rajput Project Architect 8% Ryan Richards Senior Construction Manager 1% Natali Garcia Construction Manager 2% Elianne Abiad Administrative Support 1% Chris Brockmeier Principal 1 Ray Piacente III Sr. Project Manager 4% Earl Wong Senior Engineer 1% Kyle Goodwin Project Manager 6% Josh Mueller Designer 15% Wayne Goodwin Survey Technician 1 Lisa Colburn Administrative 1% Josh Mueller Designer 15% Wayne Goodwin Survey Technician 1% Lisa Colburn Administrative 1% Page 31 of 32 PSA_CCNA Single Project Agreement_Ver.4 16C5 - SCHEDULE G Other: (Description) ❑ following this page (pages through ) ❑ this schedule is not applicable Page 32 of 32 PSA_CCNA Single Project Agreement_Ver.4 CM ��...,IN MATEPRO-01 KMCNTOSH Arc...--- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYYY) 1/6/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: JCJ Insurance Agency,LLC PHONE 2208 Hillcrest Street (A/C,No,Ext):(321)445-1117 FAX No):(321)445-1076 Orlando,FL 32803 E-DDRMAIESS:certs@jcj-insurance.com A INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Phoenix Insurance Co. 25623 INSURED INSURER B:Travelers Prop&Cas of Amer 25674 Matern Prof.Engineering Inc. INSURER C:Travelers Casualty&Surety Co 19038 130 Candace Drive INSURER D:Arch Insurance Group 11150 Maitland,FL 32751-3331 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYYI (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 6802H190660 9/1/2021 9/1/2022 PREM SESO(Ea oNcur ence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X gzef LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BA8P261984 9/1/2021 9/1/2022 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CUP4D283515 9/1/2021 9/1/2022 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY UB4J03572A STATUTE ER Y/N 9/1/2021 9/1/2022 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Professional Liabili PAAEP0130301 9/1/2021 9/1/2022 Per Claim 2,000,000 D Professional Liabili PAAEP0130301 9/1/2021 9/1/2022 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:21-7884"Design Services for New Chiller Plant Building K,Jail Generator&Platform" Collier County Board of County Commissioners are included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples,FL 34112 AUTHORIZED REPRESENTATIVE 04:(7/ ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD