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Agenda 03/08/2022 Item #11E (RPS Contract #21-7911 for Design Services for Collier County Mental Health Facility)03/08/2022 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services (“RPS”) No. 21-7911, “Design Services for Collier County Mental Health Facility," to RG Architects, P.A., to provide professional design and related services in the amount of $2,462,809. OBJECTIVE: To obtain professional architectural design and related services for the Collier County Mental Health Facility Project. CONSIDERATIONS: On October 26, 2021 (Agenda Item 16.C.6), the Board approved a selection committee’s ranking for RPS No. 21-7911, “Design Services for Collier County Mental Health Facility,” and authorized staff to enter into negotiations with the number one ranked firm, RG Architects, P.A. (hereafter, the “Consultant”). On February 18, 2021, County staff and the Consultant finalized negotiations and reached an agreed upon contract amount of $2,462,809. The proposed new Mental Health Facility will be larger than the current David Lawrence Center located at Bathey Lane, will greatly increase crisis support, inpatient and addiction treatment capacity, and will function as the Central Receiving Center for persons receiving services under both the Baker and the Marchman Acts. The proposed new facility will serve the mental health needs of Collier County's expanding population and will also reduce some demands currently being placed on the Collier County Jail. RG Architects P.A. is a Fort Myers firm and has been in business since 2012, and is also currently contracted under the County’s Design Services Library, Agreement No. 18-7432-AR. The attached proposed Agreement No 21-7911 encompasses the design, bidding and permitting services, construction administration, interior design, office furniture selection & art consultation, acoustical engineering and design, medical equipment layout and selection, signage design, and civil planning, services for the construction of the Collier County Mental Health Facility. Civil planning services will provide for land entitlement approvals necessary to permit use of Golden Gate Estates Unit 30 Tract 66 for the Mental Health Facility. FISCAL IMPACT: Design and related services provided by the consultant are budgeted at an agreed upon contract amount of $2,462,809. The Collier County Mental Health Facility is a Community Priority project funded by the Infrastructure Surtax in the amount of $25 million. The Infrastructure Surtax Citizen Oversight Committee validated the project on June 23, 2021. The budget is provided in Infrastructure Sales Tax Fund (318), Collier County Mental Health Facility (project 50239). Collection of the Collier County One Percent Surtax began on January 1, 2019. Projects outlined in County Ordinance No. 2018-21 are eligible to receive funding from the Surtax so long as: (1) the expenditure occurred after January 1, 2019, (2) the project received a positive recommendation from the Infrastructure Surtax Citizens Oversight Committee, (3) the project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and comports with the intent of the Surtax ballot language and County Ordinance 2018-21. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT 11.E Packet Pg. 246 03/08/2022 RECOMMENDATION: To award Request for Professional Services No. 21-7911, “Design Services for Collier County Mental Health Facility," to RG Architects, P.A., to provide professional design and related services in the amount of $2,462,809, to authorize the Chairman to sign the attached agreement. Prepared by: Claudia Roncoroni, Project Manager, Facilities Management Division ATTACHMENT(S) 1. 21-7911 RG Architects_COI (PDF) 2. [LINKED] 21-7911 RG Architects_Contract_VendorSigned (PDF) 11.E Packet Pg. 247 03/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 11.E Doc ID: 21493 Item Summary: Recommendation to award Request for Professional Services (“RPS”) No. 21- 7911, “Design Services for Collier County Mental Health Facility," to RG Architects, P.A., to provide professional design and related services in the amount of $2,462,809. (Edward Finn, Director, Facilities Management) Meeting Date: 03/08/2022 Prepared by: Title: – Facilities Management Name: Claudia Roncoroni 02/25/2022 2:01 PM Submitted by: Title: Director - Facilities Maangement – Facilities Management Name: Ed Finn 02/25/2022 2:01 PM Approved By: Review: Facilities Management Ayoub Al-bahou Additional Reviewer Completed 02/28/2022 12:21 PM Facilities Management Ed Finn Director - Facilities Completed 02/28/2022 7:59 PM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 03/01/2022 9:18 AM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 03/01/2022 11:07 AM Procurement Services Sandra Herrera Additional Reviewer Completed 03/01/2022 11:13 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 03/01/2022 12:53 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/01/2022 2:15 PM Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 03/01/2022 2:20 PM County Attorney's Office Scott Teach Additional Reviewer Completed 03/02/2022 8:27 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/02/2022 8:30 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/02/2022 8:48 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/02/2022 9:20 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/02/2022 10:21 AM County Manager's Office Mark Isackson Level 4 County Manager Review Completed 03/02/2022 12:37 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM 11.E Packet Pg. 248 02/25/2022 Iron Ridge Insurance 17595 S Tamiami Trail #107 Fort Myers FL 33908 Karen Brinkley (800) 775-8526 (239) 288-7544 kbrinkley@ironridgeinsurance.com RG Architects, PA 2070 MCGregor Boulevard Suite 3 Fort Myers FL 33901 Twin City Fire Insurance Company 29459 Liberty Insurance Underwriters, Inc 19917 CL21101507017 A Y 21 SBM RS5102 07/19/2021 07/19/2022 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 A Y 21 SBM RS5102 07/19/2021 07/19/2022 2,000,000 B Professional Liability AEXNYABV2U6002 11/04/2021 11/04/2022 Per Claim $2,000,000 Aggregate $5,000,000 Job Ref: 21-7911 Design Services for Collier County Mental Health Facility Collier County is additional insured with respect to General Liability and Auto Liability on a primary & non-contributory basis. 30 days notice of cancellation except 10 days for non-payment. Collier County Board of County Commissioners 3295 Tamiami Trail East Bldg C-2 Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 11.E.1 Packet Pg. 249 Attachment: 21-7911 RG Architects_COI (21493 : 21-7911, Contract Award for “Design Services for Collier County Mental Health Facility,") SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 02/25/2022 Automatic Data Processing Insurance Agency, Inc. 1 Adp Boulevard Roseland NJ 07068 Automatic Data Processing Insurance Agency, Inc. 1-800-524-7024 Rg Architects Pa 2070 McGregor Blvd Ste 3 Fort Myers FL 33901 Hartford Casualty Insurance Company 29424 2338123 A Y N 76WEGPI7647 10/01/2021 10/01/2022 1,000,000 1,000,000 1,000,000 Job Reference: 21-7911 " Design Services for Collier County Mental Health Facility Collier County Board of County Commissioners 3295 Tamiami Trail East Bldg. C-2 Naples FL 34112 11.E.1 Packet Pg. 250 Attachment: 21-7911 RG Architects_COI (21493 : 21-7911, Contract Award for “Design Services for Collier County Mental Health Facility,") PROFESSIONAL, SERVICES AGREEMENT Contract # 21-7911 for Design Services for Collier County Mental Health Facill THIS AGREEMENT is made and entered into this day of , 20 22 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and RG Architects, P,A, authorized to do business in the State of Florida, whose business address is 2070 McGregor Blvd, Suite 3, Fort_My_er , FL 33901 (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 Collier County Mental Health Facility (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows; ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies, 1.2, The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein 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. Page [ of 30 PSA_CCNA S{ngle Izfoiecl Agr4'Cmuot [2022_ ver I I ClP 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 Ryan S. Richards, AIA, LEER 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 142 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: Public Record Reguest@colliercountyfl.gov_ The Contractor must specifically comply with the Florida Public Records Law to: I'age 2 of30 PSA_CCNA 511181c i'roject i%gro.�emcilt j2O22_ver.11 9 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 sloes 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. I.S. 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 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. Page 3 of30 PSA—CCNA Sih91C Projecl A$tuenwil12p22_vcr. II CA( 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 Peet) 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 -IOW, 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 this Agreement. The fallowing 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. Ilitge 4 of 30 PSA_CCHA Single Prnjecl Agreement 12022_ver.I ] 0 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 COLINTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the 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; Page 5 or30 PSA_CCNA Single Projtcl Agreemwit [2022 ti,ci. I j 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 cal.Ises 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 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. Page G of30 PSA _CCNA Single Projeci Agreement 12022_ver. I I olfN 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. 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. �❑ 6r �a�#-��cied� o�4y-r�tee asset h-arid +dera#i#�ed-ira-Sskn��r gale-�twi�ic#is�#�aebed as re ARTICI_F. 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, otherthan 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. 62 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. Page 7 of 30 P5A—CCNA Singic t'rojee[ Agremiten! 12022_ver. I I n�w( 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 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 ❑r 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. Page 8 of 30 11SA_CCNA Single Project Agreement 12022_ver.l I 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 worts 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 sulbconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements, 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by 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 subconsuitant 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 Pige 9 of 30 PSA_CCNA Single Project AgrrcmwQ0Z2_vcr.1l 9 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. 10A, 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 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 Page 10 or30 PSA_CCNA Single i'mieO Agrccmcnl [2022vur. I 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 5, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement, If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY, ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. 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 Page 11 of ail PiA_MNA Single Project Agrccmcnt 12022vcr I I 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 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 Address: 3335 Tamiami Trail East Suite 101 Naples, Florida 34112 Administrative Agent/PM: Claudia Roncoroni, Proiect_Manager Telephone: (239) 252 8380/ (239) 877-8274 E-Mail(s): Claudia. RoncoroniQcoIIierccuntyfI.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: RG Architects, P.A. Address: 2070 McGregor Blvd, Suite 3 Fort Myers, FL 33901 Page 12 oF30 11SA_CCNA Single 11mint Agrccnunt 12022_vu I i Attention Name & Title: Ryan Richards, Principal Telephone: (239) 332-2040 E-Mail(s): rsr@rgarchitectspa.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17,1, 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 ❑ INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: NIA Solicitation # 21-7911 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Vage 13 or30 PSA_CCNA Single Projccl Agrccmchl 12022_vcr 11 17.10. Grant Funded Proliects (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 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 287,183(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 30 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CC'NA Single I'rojcrt Agmemolt 12022_ver 11 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. StaL 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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. [Signature page to follow this page] ******Remainder of page intentionally left blank****** Page 15 of 30 P5A_CC:NA 5usglc Project Agreement 12022_vcr I I (C 9 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST. - Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By. Date: Approved as to Form and Legality. County Attorney Name Consultant's Witnesses: 4tness Name and Title fitness Name and Title i h-Z7 e * VV BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA 0 William L. McDaniel, Jr. . Chairman Consultant: RG Architects, P.A. By: Name and Title Page 16 of 30 PSA_CCNA Single Project Agreement [2022_ver. , SCHEDULE_A SCOPE OF SERVICES following this page (pages I through 11 ) Page 17 of 30 PSA_CCNA Single Project Agreement [2422_ver. I I Request for Professional Services (RPS) No. 21-7911 "Design Services for Collier County Mental Health Facility" SCHEDULEA SCOPE OF SERVICES PROJECT DESCRIPTION: This project encompasses the Design and Construction Administration Services of a new Mental Health Facility that will be larger than the OLC Center at the Bathey Lane location and will greatly increase crisis support, inpatient and addlction treatment capacity and will function as the Central Receiving Center (CRC) for those receiving services under both the Baker and the Marchman Acts, This new facility will serve the mental health needs of Collier County's expanding population, now and for years to come, and it will also reduce some of the costly demands currently being placed on the Collier County Jail. The estimated cost for design, construction and build out is $25 million, The new building will not be LEER Certified, but LEED design should be incorporated when possible, The Consultant acknowledges that project management platform will be Procore, The Consultant shall provide the full scope of design, permitting, bidding and contract administration services necessary to complete the Mental Health Facility Project including but not limited to the followl% 1. Provide all programming and preliminary design documents for use in establishing the basis for the final design of the site and buildings, These documents will include site plans, floor plans and building elevations in sufficient detail to illustrate the program of spaces, convey general building and site design and generate a project budget. 2. Provide all geotechnical, topographical, traffic, environmental and species surveys, reports and studies necessary to fully permit and complete the project 3. Prepare and submit for all permits related to the project, including the building permit, and ensure necessary permitting is completed to facilitate project schedule. Coordinate with the Construction Manager as necessary during the submission of the building permit. Facilitate required public outreach and meetings necessary to complete a project of this size and scope in this specific location. 5. Coordinate with Collier County Real Property Management on all necessary easements and/or encumbrances. 6, Coordinate with County staff to develop an eHective and efficient program, acquire all necessary permits in a timely manner, provide a design suitable for the intended use incorporating best design practices for efficient and resilient building, Coordination with the County's contracted General Contractor and/or Construction Manager throughout the project timeline to ensure value, constructabillty, and an efficiently planned and constructed facility. 8. Provide final design documents including, but not limited to, architecture, civil engineering, structural engineering, mechanical, electrical, and plumbing (MEP) engineering, low voltage/technology, fire protection and landscape architecture documents required for permitting and construction, Equipment coordinated with FF&E 9. Facilitate and attend all project meetings as needed, prepare agendas, generate meeting minutes, and follow up on tasks. Page 1 of 11 Schedule A — Scope of Services 0-0 Request for Professionol Services (110S) No. 21-791 1 "Design Services for Collier County Mental 1-Icalth Facility" 10, If available, utilize the County's or CM project management platform throughout the project for all project communications, document management, approvals, site observations, requests for information, etc, 11. Provide the County all necessary and appropriate documents for review throughout each review point of each phase of the project. 12. The awarded firm shall appoint a person to act as a primary contact for the duration of the project. This person (or their back-up) shall be readily available during normal working hours by phone or in person and shall be knowledgeable of the overall project status and activities. 13. The design shall comply with all required current codes along wilh all current health guidelines and standards. 14. Provide site visits —all disciplines- during construction A- PROJECT TASKS: 1. 'task # 1 • programing: The design team will work with the owner and all parties indicated as stakeholders to develop a program which will define the space functions for the different building components. Deliverable will be provided in the form of a report outlining all needs and wants in details. 2 Task # 2 - Master Planning: Basod on the program needs and concurrent with Its development, the design team will work with the owner, the civil engineering team, the construction manager and all parties indicated as stakeholders to develop a site approach responsive to the project needs. Deliverables will be provided In the form of drawings and exhibits 3. Task# 3.30% Construction Documents: Using the approved space program and master plan as a starting point, tho design team will develop conceptual and schematic design drawings. This phase will require meetings with the administrative council and user groups. Schematic design sign -off on the plan will occur at the final meeting. Narratives and outline specifications will be provided by all disciplines to facilitate cost estimating by the design team and Collier County's selected construction manager for preconstruction services. The design team will prepare 30% drawings and specifications 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, In addition to the items above, the deign team will submit documentation to AHCA at the Initiation of this phase to establish a Log Number and confirm future review dates and submissions. it is anticipated that a preliminary, Stage I Review of the project will be required with AHCA and the local authority having jurisdiction at the conclusion of the SD phase. Deliverables for this task include, but are not limited to: All necessary meetings with the owner to make sure the program and design solution are in line with the project intent and scope; All necessary meetings with the design team to make sure all systems are selected and preliminarily coordinated; Discuss with the Owner alternative approaches to design and construction of the project; Discuss with the Owner the feasibility of Incorporating environmentally responsible design approaches; Prepare all major plan elements of the building for all floors, with approximate accommodations for structure and MEP; Confirm that all circulation elements conform with building and accessibility codes as well as with market requirements; Provide all applicable code reviews related to the scope for general compliance; Prepare study models, perspective sketches, and/or digital modeling; Project Images / renderings clearly depicting design Intent; Develop Building elevations and note exterior materials, fixtures, equipment, etc.; Develop Building sections including typical foundation details. Indicate floor to floor dimenslons, ceiling heights, major structural alernents and major MEP transfer or horizontal distribution zones; 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 to that initial system pricing can be obtained; Verify that all program requirements are incorporated in the plans; Prepare an Outline Specification with Project Page 2 of 11 Schedule A — Scope of Services Request for Professional Services (RPS) No. 21-791 1 "Design Services For Collier County Mental Health Facility" 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; Opinion of probable construction cost and Budget review at each project milestone. a. Task # 4.60% Construction Documents: Based on written approval of the 30% Construction Documents submittal, the design team will proceed with the 60% Construction Documents. The intent of the 60% Construction Documents submittal is to "fix and describe" the character of the project by preparing documents in more detail that illustrate all aspects of the proposed design. The project engineers prepare single line drawings of mechanical and electrical systems at this time. Major building systems are evaluated, and coordination performed to show required phasing, firewalls, construction 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. Outline specifications will list major materials, finishes of rooms, code requirements, and descriptions of the mechanical and electrical systems. Work with user and Collier County to coordinate and finalized required systems and equipment design. Design development sign -off on the plans, finishes, and exteriorlinterior design character will occur at the final meeting. This task will include a preliminary, Stage II design development review of the project with AHCA for code review at the conclusion of this submittal, Deliverables far this task include, but are not limited to: All necessary meetings with the owner to make sure the all building systems and materials meet their standards; All necessary meetings with the design team to make sure all systems are fixed and developed; Further review with the Owner alternative approaches to design and construction of the project; Further review with the Owner the feasibility of incorporating environmentally responsible design approaches; Complete full code compliance review on all applicable codes related to the scope; Refine building information model (BfM) for systems coordination; Complete typical wall sections at 112" or 314" scale with notes and dlmensions; Representative larger scale partial details at 1 112" or 3" scale; Draft of specification sections pertaining to exterior envelope including roofing, walorprocfing, aluminum & glass systems and opaque wall systems; Door schedules for typical areas with draft of specifications for doors, frames and hardware; Generally completed plans and coordinaled with all building systems; Coordinated reflected ceiling plans; Partial elevations with dimensions, notes and sections referenced; Complete finish schedules, Specifications: General statement of purpose of 60% construclion document package; Outline Specification expanded or edited down as draft full sections; Draft of select full specification sections; GMP or early bid packages (If needed) - the following sections may be required for preliminary bidding; foundation system, structure, major building envelope systems, etc. Opinion of provable construction cost and Budget review at each project milestone. 6. Task # 8.90% Construction Documents: Based on written approval of the 60% Construction Documents submittal, the design team will proceed with the 90% Construction Documents deliverables consisting of drawings, specifications, and other documents completed to describe In full details 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 an systems details as depicted on this submlttal. Deliverables for this task include, but are not limited to: All necessary meetings with the owner to make sure the all building systems are finalized and materials meet (heir standards; All necessary meetings with the design team to make sure all systems are fixed and fully developed; Finalize approach to design and construction of the project; Finalize incorporation of environmentally responsible design approaches; Complete full code compliance review on all applicable codes related to the scope; Refine building information model (BIM) for systems coordlnation; Complete typical wall sections at 112" or 314" scale with notes and dimensions; Representative larger scale partial details at 1 112" or 3" scale; Draft of specification sections pertaining to exterior envelope Including roofing, waterproofing, aluminum & glass systems and opaque wall systems; Moor schedules for typical areas with draft of specifications for doors, frames and hardware; Generally completed plans and coordinated with all building systems; Coordinated reflected ceiling plans; Partial elevations with dimensions, notes and sectlon5 referenced; Finish schedules completed Specifications: General statement of purpose of Design Development Package; Outline Specification expanded or edited down as draft full sections; Draft of select full specification sections; GMP or early bid packages (if needed) - the following sections may be required for preliminary bidding; foundation system, structure, major building envelope systems, etc, Opinion of provable construction cost and Budget review at each project milestone. 6, Task # 8.100% Construction Documents: Pate 3 of 11 Schedule A, — Scope of Services Request for Professional Services (RIPS) No. 21-791 1 "Design Services for Collier County Mental Health facility" Based on written approval of the 90% Construction Documents submittal, the design team will proceed with the 100% Construction Documents deliverables consisting of drawings and other documents providing quality assurance and document review of detailed drawings and specifications upon which the Contractor will establish the construction cast. These documents will be used for the construction of the project, The Construction Management team will use these documents for bidding purposes, At this stage, the formal mail -in submittal to ACHA will be provided along with building permit review. The intent of this submittal is to address all comments from owner and submit for permitting and bidding, Deliverables for this task include but are not limited to: Budget review at each project milestone, finalized approach to design and construction of the project; Finalized environmentally responsible design approach; Complete full code compliance review on all applicable codes related to the scope, Finalized building information model (BIM); Finalized construction documents. Specifications: Statement of purpose of Design Development Package, Full specification sections; GMP or early bid packages (if needed) - the following sections may be required for preliminary bidding; foundation system, structure, major building envelope systems, etc. Task # 7 • Bidding and Permitting Services: The design team will provide bidding services inclusive of bids and scope review for compliance with the construction's documents and design intent. For the any permit required Including building and AHCA the design team will provide permit managements and support as needed to ensure permits are secured for this project, Review of preconstruction RFI's and issue addendums as needed based on feodback from the Construction Manager, the subs and the permitting agencies. Our team will also evaluate Value Engineering options should the project requires them and as approved by the owner. Actions to take place under this task include, but are not limited to the following: Bidding: Attendance to fare -Bid conference; Review of construction manager's request for information (RFIs): Issuance of addendums as needed; Attendance to bid opening, Review of GMP and trade scope; Evaluation of value engineering options; Implementation of value engineering options (as directed by the owner and net included on basic services if beyond the project scope and/or budget). Budget review at each project milaslane. Permitting; Attendance to resubmittal meetings; Issuance of permit documents; Review of permit comments; Issuance of permit comments response and documents modifications; Attendance to necessary meeting with the building department to review particulars as needed to obtain a permit. 8. Task # 8 - Construction Administration: Construction administration services are intended to ensure construction on the project meets the intent of the construction documents. The design team will participate In Owoer)Architecl/Contractor meetings and perform periodic site visits by all disciplines for the observation during construction. Attendance to meetings for pre-AHCA and final AHCA during this task are included. Actions to take place under this task include but are not limited to the following: attendance of OAC meetings, attendance of specific trade building systems coordination meetings, review of RFI's, Issuance of Architects Supplementary Instructions (ASIs), submittals review, pay applications review, contingency adjustment applications review, change order applications review, Issuance of field reports (biweekly), issuance of substantial completion and closeout package review. Proposal request issuance, Work directive change review, Review of estimates necessary for work directive change. 9, Task # 8 - Interior Design: Design services include all flnishes, specifications, pattern plans, details and interior elevalians needed in response to the project needs. Deliverables will be provided in the form of narratives, specifications and drawings 10, Task # 10 - Office Furniture only and Art: Design services Include selection of furniture as basis of design for the owner to procure. These services also include collaboration in art selection for spaces within the building Deliverables will be provided in the form of narratives, specifications, and drawings, 11. Task # 11- Acoustical Engineering and Design: Design services include acoustical performance of spaces, sound mitigation strategies and enhance voicelaudlo at specific locations to comply with the project requirements, This scope of services Includes site context sound analysis to provide isolation from open areas within the facility to the perimeter of the site. Deliverables will he provided in the form of narratives, specifications, and drawings. Page 4 of 11 Schedule A — Scope of Services Requiust for Professional Services (RPS) No. Z 1-791 1 "[design Services for Collier County Mental Health Facility" 12. Task # 12 • Medical Equipment; Design services include layout and equipment selection related to medical equipped spaces. This scope also includes coordination with all building systems to support the selected equipment and layout. Deliverables will be provided in the form of narratives, specifications, and drawings. 13, Task # 13 Signage Design (Wayfinding); Design services Include design for interior and exterior slgnage related to the project. This scope is inclusive of monumental signage and general wayfinding within the site and inside the building. Deliverables will be provided in the form of narratives, specifications, and drawings. 14. Task # 14 Civil Planning: Engineering Planning services and sub -consultant services needed entitle, design, and permit the property, It is anticipated the below site related permits/applications will be required to achieve the objectives, Task 14.1— Conditional Use (CU)/ PUD Rezone (PUDZ) Deliverable: Final Submittal package for processing with County GMD Staff. 1) Finalize the Conceptual Site Plan/ PUD Master Plan, per Collier County criteria for submiltal 2) Coordination with Project Team to determine best entitlernant process to achieve the needs for the Collier County Mental Health Facility, Including the option for a future expansion (Conditional Use or PUD Rezone). 3) Preparation of CUIPUCZ Application and supporting application materials. 4) Preparation of GIS Exhibits, as needed, 5) Preparation of written project narrative and evaluation of criteria, demonstration compliance with the Growth Management Plan and Land Development Code, 6) Preparation of conceptual conditions of approval. 7) Coordination with sub -consultants and client throughout package preparation. 8) Finalize materials/exhibits and submit initial package to Collier County. Task 14a.2 — Final RAI Responses (CUIPUDZ) Deliverable; Final Staff (CC GMD) Approval for zoning application, 1) Prepare, coordinate, and submit responseslupdated application materials to requests for additional information (RAI) related to the CUIPUDZ. a) Assumes three (3) sufficiency responses. b) Assumes one (1) post -review meeting with County Staff Task 14a.3— Public HearingslPubiic Meetings Deliverable: Ordinance granting Group Care Facility Use and Variance (pending CU option). 1. Coordinate, attend and facilitate the mandatory Neighborhood Information Meeting (NIM). 2. Prepare NIM presentation and exhibits. 3. Prepare and coordinate required legal advertisement and mailed notices to surrounding property owners. 4. Coordinate and arrange for meeling facility. 5, Submit necessary NIM summary notes, recordings, and proufs of notice to Collier County. 6. Coordinate and attend public hearings with the Collier County Planning Commissioner and Board of County Commissioners, 7. Prepare public hearing exhibits and presentation. 8. Attend coordination meetings with client, consultant team, stakeholders, and County Officials Task # 15a Civil Engineering Services 30%, 60%, 90%, and 100% CDS; Engineering services Include all necessary utilities sysioms ongineering, storm water management and conditional use or PUD rezoning needed for the project to be. implemented. This is also inclusive of code minimum landscape and Irrigation design. Deliverables will be provided in the form of narratives, specifications, and drawings. Task 15a1— Conceptual Planning and Engineering I General Consultation Deliverable: Final Conceptual Plan, The work included with this task Is associated with what is typical Schematic Design (SD) and Design Development (DD) packages. PE will prepare and coordinate with the architect (Client) to complete a conceptual site plan to meet the County's reasonable development objectives, which will Incorporate typical site constraints. At this point PE will also begin Page S of 11 Scliedule A, — Scope of Services RegUest fOr PrdesSiOr]al Services (10S) No. 2I-7911 "Design Services for Collier Cout7ty Mental Health Facility„ conceptual layouts of the surface water management system, ulifity locations, landscape buffers, access locations, etc. PE will schedule and attend all additional pre- application meetings (Collier County and SFWMD, etc.). This task assumes two (2), four (4) hour design workshops, the Initial kickoff meeting to discuss design and permitting issues, and three (3) conceptual plans (initial, workshop 1 results, and workshop 2 results). This task also includes: 1) Site Research, Preliminary Cost Estimates, General Consultation, and Miscellaneous Services a) Respond to requesls for miscellaneous services that are not a part of the scope of services of this proposal as requested by Client. b) Prepare preliminary opinions of probable cost (CPC) for site construction. Preliminary CPC's will be based on preliminary stormwatar models and initial project design, The OPC's will be updated at the time of the final design and permitting services for bond requirements. c) Services are to be billed on a timelmaterial basis for requests not covered by the other tasks in this proposal, 2) Provide general consultation as needed based on the assumed hours, 3) Attend meetings with agencies and project team, as needed and requested. This includes the initial kickoff meeting to discuss design and permitting issues. Task 150 - Collier County Site Development Plan (SDP) Deliverable: Final Submittal package for processing with County GMD Staff. The work included with this task is assodiated with what is typical 30% and then 60% Construction Document (CD) packages. Ultimately, any permitted changes will be incorporated into the 90% and 100% CD plan set which is included in the scope below, Peninsula Engineering will prepare a site plan, a paving and grading plan, a utility plan, a storm water management plan, and construction details and specifications consistent with Collier County and SFWMD requirements as applicable. Below is a scope of work -related items and potential findings. 1) PE will prepare updates as necessary to the conceptual layout of the mixed -use development. 2) Attend preliminary meetings) with Collier County Staff to discuss the proposed SDP; 3) Prepare a sanitary sewer plan for connection of the proposed project to the existing force main located along lmmokalee Road. 4) Prepare a potable water plan for connection of the proposed project. Prepare hydraulic calculations and details for potable water and fire service for review by Collier County for any additionai proposed water demands. Coordinate obtaining a fire Row test from the nearest fire hydrant. 5) Prepare a detailed Engineering Report for submittal to the County. G) Coordinate with the Landscape Architect to prepare a landscaping and irrigation plan to meet the County's standards and include It in the SDP application package (sae Tasks 15,a4-15.6). 7) Coordinate with transportation engineer for submittal documents (see Task 15.a8). 8) Prepare a finai SDP submittal package as required by Collier County and submit to the County for initial review. 9) Prepare FDEP applications for potable water and wastewater connections, 10) Prepare Preserve Management Plans and details, if required. Task 15a.3 - Boundary 1 Topographic Surveys (Sub -consultant) Deliverable: Signed and sealed boundary survey (site) and site -specific ROW survey for design and permitting Purposes 1) Prepare boundary and topographic survey for su hmittal and design requirements. a) Include topography and locates to centerlines of adjacent right-of-way for site survey 2) Prepare detailed data I topographic site -specific ROW survey for submittal and design requirements. a) Data will bo collected once off -site design requirements are determined; see Task 15, 10 b) Data coiection is assumed to be for existing and proposed frontage (right -turn lane design] and existing left turn lane I median areas through the first adjacent through lane 3) As -built existing utilities with pipe sizes and inverts, Note: Task 15a,2 is not an ALTA survey, Page 6 of 11 Schedule A •- Scope of Services Request For Professional Services (108) No. 21-791 1 "Design Services for Collier County Mental Health facility" Task 15aA — Coordination with FPL, CATV, TECO Gas, Other Dry Utility Providers, and MEP Deliverable: Coordination package I exhibits for use with Client's MEP. The work included with this task is associated with what Is typical 30%. 60%. 90%. and 100% Construction Document (CO) packages. 1) Provide site civil construction plans and relevant building information to, and coordinate with, dry utHly providers (FPL, Camcast, TECO, etc.) to initiate design of their respective utilities, 2) Review final dry utility design and coordinate and prepare conduit crossing plans containing anticipated Utility, Owner, and other ancillary facility conduit crossings with quantities and sizes to assist Surveyor and Contractor with placement and Installation (construction), 3) Assist Utility, Client, and Contractor with creation of mainline conduit plans for direct burial, 4) Coordinate with dry utility compaoles, Client, Contractor, and Surveyor to facilitate layout and installation of dry utility facilities (transformers, enclosures, light poles, telecom pedestals, etc.) to avoid infrastructure conflicts and to assist in placement to accommodate future phases of development. 5) Please note all survey work within this task is by others and will be contracted separately as needed to facilitate infrastructure installation, 6) Please note that both the conduit crossing, and the mainline conduit plans are intended to portray conceptualized locations and are for coordination purposes only. These plans are not intended to replace the design information provided by the Utility or the Irrigation Contractor. The Contractor should review and refer to FPL, Comcast, and Irrigation Contractor plans for design specific Information and details, 7) The scope of this task specifically excludes the review of shop drawings for or inspection services for the installation of the dry utilities. Task 15a.5 — Code Minimum Landscape Plan (Site) Deliverable, Final Submittal package for processing with County GMD Staff. 1) Prepare base drawings using site design documents, a. Design development idea coordination after base map completion. b. Meeting with client to begin discussion and review. 2) Prepare SDP landscape and Irrigation drawings for submittal to Collier County's Growth Management Department. The plans will include; a. A calculation plan documenting scope material required by coda that determine the quantity and sizes of trees 1 shrubs. b. This includes a planting and irrigation plan for all buffer areas proposed for the SDP submittal. c. Provide landscaping details and a plant 1 Irrigation legend. 3) Prepare section(s) showing proposed plantings relative to the site. 4) Prepare littoral shelf planting plan with cross sectional Info and a plant list based on the expected seasonal fluctuation of the waterline (assume Iwo lakes), Task 16a.6 -- Irrigation System Design 1 Water Use Permitting Deliverable: Construction Documents to construct detailed irrigation system. The work included with this task is associated with what Is typical 30%, 60%, 90%, and 100% Construction Document (CD) packages. Note: This task is not necessary if the Client chases to use potable water for Irrigation. a) Based on approved flow rate per SFWMD Consumptive Use Permit and water source selected by Client (i.e. groundwater), provide Client with recommendation for irrigation pump model and irrigation controller (equipment specification only included in this scope, owner to purchase and install equipment) and coordinate with rPL to provide power to the irrigation pump station and controller. b) Prepare design of the backbone irritation system (assumed to be in perimeter buffers and core parking areas). The scope of this task includes pipe network diagrams that will be prepared based on master plans for the site provided by Peninsula Engineering. Task 15a.7 - SFWMD Environmental Resource Permit (ERP) — New General Permit Deliverable; Storm water and environmental permit for construction. The work included with this task is associated with what is typical 30%. 60%. 90%, and 100% Construction Document (CD) packages. Page 7 of 11 Schedule A — Scope of Services Request for Professional Services (RPS) No, 2 1-7911 "Design Services for Collier County Mental I-Iealtlz >±acility" 1) Prepare storm water management plans per SFWMD Basis of Review (60R). a. This includes a full set of civil engineering plans necessary to obtain a construction and operation permil, 2) Prepare surface water management routings and reports in a formal consistent with the SFWMD BDR (both permits I basins). 3) Coordination with SFWMD during initial submittal and engineering! environmental phase, 4) Prepare initial submittal package and submit for general ronstruetion and operation permlt to SFWMD. 5) Preparation of all necessary applications per the SFWMD 130R. 6) Coordinate submittal of a water use permil for site irrigation (pending source), 7) Prepare nutrient analysis pending soll testing results Task 15a.8 -- Meetings, General Consulting, and Final RAI Responses 1) Coordinate with applicable permitting agencies to facilitate SDP I ERP Modification approval. 2) Attend necessary review meetings for approval. 3) Prepare response and re -submittals for Collier County, FDEP, and SFWMD requests to obtain approval (it necessary), 4) Provide any general consulting as requested by the client, 5) Aftend all public meetings for permitting approval (if necessary). 6) Prepare right-of-way permit application (if necessary). 7) Prepare site phasing plan I permit if necessary (CPP). Task 15a,9 - Prepare Traffic Impact Statement Updates (TIS) Deliverable: As noted below. The work included with this task is associated with what is typical 30% and then 60% Construction Document (CD) packages. Ultimately, any permitted changes will be incorporated into the 90% and 100% CD plan set which is included in the scope below. 1) Meet with County staff to establish appropriate transportation analysis updates and Coordinate any other applicable updates as needed or requested by the County. 2) Prepare oxhlbits and reports for the SDP and CUIPUDZ submittals as needed. 3) Prepare and submit support documents based on request for additional information from County staff through project approvals. 4) Attend public hearings and public meetings through the entitlement process. Task 15a.10 — Environmental Data Collection Deliverable: Fnvlronrnental Report for Planning and Engineering submittals. The work included with this task is associated with what is typical 30% and then 60% Construction Document (CO) packages. Ultimately, any permitted changes will be incorporated into the 90% and 100% CID plan set which is included in the scope below. 1 } Preparation of an Environmental Data Package and Listed Species Survey, meeting Collier County and SFWMD requirements for the CUIPUDZ and SDPIERP submittals. 2) Field/Site visit for the preparation of the required FLUCCS Map and Listed Species Survey, 3) Coordination with team, as needed, throughout review processes. 4) Attendance to public hearings and meetings, as needed. 5) Update FLUCCS mapping as needed. Task 15a,11— Environmental RAI Deliverable: Environmental Report for Planning and Engineering submittals response to agency reviews, The work included with this task Is associated with what Is typical for 90% and I OC% Construction Document (CD) packages. 1) Coordination and follow-up with County and SFWMD pending initial review and request for additional information (RAI) 2) Fieldl&te visit for any additional items requested during Initial review 3) Coordination with team, as needed, throughout review processes Page 8 of I I Schedule A — Scope o'F Services CA0 Request for Professional Services (RPS) No. 21-791 1 "Ocsign Services fOr Collier Cou17ty Mental Flealtli Facility" 4) Attendance to public hearings and meetings, as needed 5) Assist wilh sail testing for nutrient analysis, If necessary Task 15a,12 - ROW Design and Permitting Deliverable; Permit for ROW modifications, The work included with this task is associated with what is typical 30% and then 60% Construction Document (CD) packages. Ultimately, any permitted changes will be incorporated into the 90% and 100% 00 plan set which is included in the scope below. PE (or sub -consultant; traffic engineer) will prepare full construction documents and specifications for turn lane improvements along Golden Gale Parkway and internal access between the properlles. Currently, our assumptions are that plans will Include one right turn lane and one left turn lane design update or extension with Colller County and FDOT standards applied. Internally, access coordination with be required for connection to the existing David Lawrence Facility and the proposed property (likely through the Parkway Life Church property). Easements and further coordination will be required. Easement preparation Is assumed to be part of future work within Task 15.16. All plans will be submitted during the SDP scope of work for permitting and coordination. This task also includes updating the off -site SFWMD ERP (if necessary). The ROW area will be modified for the proposed impervious conditions. PE will prepare applications and coordinate with SFWMD for permit approvals, Please note that ROW landscaping improvements may be requested by the County and time is included in this task to include a code minimum update for the ROW area (center median of Gulden Gate Parkway). Task 15a.13 - OAEC DesignIProduction Meetings 1) Meetings and Coordination The Project Executive will attend weekly OAEC construction deslgnlproduction meetings. This proposal assumes approximately 2 hcurslweek for the duration of the design development phase of four (4) months. This proposal assumes approximately 2 hours 1 week for the construction phase of 12 months. Task 15a.14 - Record drawings and Certifications Deliverable; Final Record Drawings and Certification Documents (800 Inspections with GMD) Note: This is the typical process for preliminary acceptance. Additional services in the future may be required for final acceptance of the conveyed utilities. i) Based on as -built survey prepared and provided by Contractor's surveyor, PE will prepare record drawings of the plans, documenting the relevant constructed information for the purposes of confirming general compliance with the plans and for certification purposes. 2) Upon substantial completion of the site improvements, walk the site and prepare a preliminary punch -list for the Contractor. 3) Once the Contractor has addressed all preliminary punch -list items, coordinate with Client, Contractor, and CounlylSFWMO to schedule and attend inspections with inspectors, as a part of the Preliminary Acceptance process for the Improvements (civil and landscape). 4) Prepare and submit Engineer's certification documents to County in support of the certification of the relevant site/utility improvements. 5) Prepare and submit a Certification of Completion form to SFWMD, to provide certification of the ERP application associated with the subject Project. G) Prepare punch list at substantial completion to confirm landscaping was installed per plan and specification. Prepare final landscaping certification for project acceptance. Task 15a.15 - Soil Borings! Soil Testing (Sub -consultant) Dellverables; Noted below in sub -tasks 15.1, 15.8, and 15.9. County clears site baring locations for 11RP {vegetation removal permit). 1) Obtain required drilling permit. 2) Drill up to four (4) Standard Penetration Tests (SPT) soil test barings to depths estimated at 30-feet within the Page 9of1.1 Schedule A — Scone of Services 0 Request for Professional Services (RPS) No. 2 1-79 11 "Design Services for Collier County Mental 1-1ealth Facility„ footprint of the proposed building footprint (to be determined by Client I Structural) 3) Complete two South Florida Falling Head tests 4) Complete two double ring infiltration tests 5) Complete one hand auger adjacent to each of the double ring test locations 6) Stratification of borings by geotechnical engineer 7) Complete In-house laboratory testing on selected soil samples 8) Prepare detailed report which includes foundation alternatives, in -situ infiltration rate test results, site preparation and foundation installatlon recommendations, and flexible asphaltic concrete pavement recommendations. 9) Complete soil testing I report data to assist with nutrient analysis on -site. Task# 15b- Civil Engineering Construction Administration • Coordinate and attend a pre -construction and pre -utility meeting with the civil site work contractors and County staff. + Meetings and Coordination + Attend meetings with Client, Owner, and/or Contractor, on an as -requested basis. • Attend pre -construction meetings with Collier County and SFWMD, as required. • Bid tabs, Shop Drawings and Bequests for Information (BFI's) • prepare bid tabs and technical specifications for Client's use in obtaining bids and pricing from Contractors for Peninsula Engineering's scope of work. • Review shop drawings of civil infrastructure for conformance to the permit plans. • Provide responses to RFI's from Client and/or Contractor, on an as- requested basis. + Construction Observation and Testing • PE will visit the site up to eight (8) times a month to observe construction of the site improvements, to check for general conformance to the approved plans and permits. • Attend any required utility testing during construction (i.e., utility tie-ins, pressure testing). PE will be present for all utility connections, laps, testing, CivIAR punch list preparation (substantial, final, and punch completion). 14. Task # 16 Landscape architecture: Design services include landscape, hardscape, and Irrigation design beyond code minimum to address internal outdoors spaces related to the program needs of this project. Deliverables will be provided In the form of narratives, specifications, and drawings. 15. Task # 17 Food Service Design: Design services include layout and equipment selection related to food service. This scope also includes coordination with all building systems to support the selected equipment and layout. Deliverables will be provided in the form of narratives, specifications, and drawings. 16. Task # 18 Technology: Engineering services included in this scope as for all tow voltage design, access control, security, radio signal enhancement and audiolvisual design. Deliverables will be provided In the form of narratives, specifications, and drawings 17. Task # 19 Commissioning: The consultant shall manage the commissioning services, research applicable design criteria, attend project meeting, communicate with members of the project team and report progress to the owner. The consultant shall not be a member of the team providing design services or performing construction work. Commissioning plan: The consultant shall provide the owner a written commissioning plan that Is based on the owner's project requirements and the basis of design The commissioning plan shall describe commissioning activities for the project and identify documentation requirements of the commissloning process. The consultant shall update the commissioning plan perWically as appropriate to the level of completeness of the design and the progress of construction. The commissioning plan shall include: 1. Identification of the owner's project requirements and the portion of the basis of design used as the basis of the commissioning plan, 2, A list of participants in the commissioning process, their roles and responsibilities, and protocols for participant Page 10 of 11 Schedule A — Scope of Ser•viees Request for Professional Services (RPS) No, 21-7911 "Design Services for Collier County Mental Health Facility" communication and information distribution. 3. A list of systems and assemblies to be commissioned and performance expectation for each. C A description of commissioning activities and responsibilities far each. S. A summary of commissioning related documentation required by governmental authorities or entities certifying the project, 6. The schedule of commissioning services. 7, Protocols for commissioning design review_ 8. Protocols for commissioning submittal review. 9, Protocols for documents changes to the owner's project requirements and basis of design. 10. Protocols and templates for commissioning related documentation, including the issues log, construction check list, functional performance test procedures and report, the systems manual and the operator training plan, 11, Identification of and protocols for, documents to be provided by the owner's contractor, such as startup reports, systems readiness test reports, test and balance plans and reports, and quality controls test documents. 12, Protocols for the consultant to report observed defidencles that pertain the systems and assemblies to be considered. Required commissioning of; 1. NVAC 2. Automatic temperature controls 3. Domestic hot water 4, Fire alarm and fire protection systems (Integration with other systems) 5. Essential electrical power systems B. Security systems Note. The time period to respond to Contractor/Subcontractor questions, to review shop drawings, and other such time sensitive tasks shall be as set forth in RIPS No, 21-7911, which Is incorporated herein by reference. Page 11 of 11 Schedule A — Scope of Services ant SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS 13.1.1, 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 fine 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 Programing $ $ 30,000.50 2 Master Planning $ $ 30,000.50 3 30% Construction Documents $201,144.00 $ 4 60% Construction Documents $ 268,180.00 $ 5 90% Construction Documents $402,281.00 $ 6 100% Construction Documents $ 67,046.00 $ 7 Bidding/Permit $67,046.00 $ 8 Construction Administration $ $447,024.00 9 Interior Design $ $102,960,00 10 Office Furniture & Art $ $26,605.00 11 Acoustical Engineering and Design $ $30,000,50 12 Medical Equipment Planning $ $48,600,00 13 Signage Design $ $22,000,00 14 Civil Planning Services $ $90,762.00 15a Civil Engineering Services (30%, 60%, 90%, 100%, CDS) $305,270.00 $ 15b Civil Engineering Construction Administration $ $118,320.00 16 Landscape Architecture $25,000.00 $ 17 Food Services Design $40,000,00 $ 18 Technology (IT, Access, Control, Security) $67,046.50 $ Page 18 of 30 PSA_CCNA Single Project Agrecmanl [2022_vcr. I 1 19 Commissioning $ $ 33,523.00 20 Reimbursables $ $40,000.00 $ $ $ $ Total Lump Sum Fee $ 1,443,013.50 Total Time and Materials Fee $1.019,795.50 GRAND TOTAL FEE $2,462,809.00 13,2.2, 0* Time and Material Fees: The fees noted in Section 13.2.1. 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. Page 19 of 30 PSATCCNA Single Projeo Agreament 12022 var.I) 8,23. Q* 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. 1323.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section 8.1.1 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. 8.2.5. 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 8.3.1. 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. 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. 8.3.4. 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 he 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: Page 20 of 3{I PSA_C:C:NA 3ingie I'rnject Agrcement [2022_vu.I I 0 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 fromlto destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. 8.3.4.11.3. Kermit 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. 113.3.4A.8. Other items on request and approved in writing by the COUNTY, 13.14.1.7, 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- B. 3.4. 1 .8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. 13.3.5. 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. [END OF SCHEDULE B] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 21 ar3a PSA_CCNA Single Project Agreement 12022_vcr. l i SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal 206 Project Manager $147 Senior Architect $154 Architect 121 Senior Construction Manager 110 Construction Administrator 100 Clerical $62 Principal -Engineer $250 Sr. Project Manager $185 Project Manager II $155 �~ Project Engineer 11 $135 Ecologist $135 Sr. Inspector 110 Landscape Architect 135 Planner Manager 165 Sr. Designer 135 Sr. CAD Tech 1 115 Permittin Coordinator $95 Admin 11 $75 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 Prciects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 22 of30 PSA_CCNA Single Project Agreement [2022_ver.I CA[) SCHEDULE C PROJECT MILESTONE SCHEDULE TaskiItem Description Number of Calendar ❑ays For Completion of Task from Date of Notice to Proceed 1 Programing 90 2 Master Planning 90 3 30% Construction Documents 150 4 60% Construction Documents 240 5 90% Construction Documents 330 5 100% Construction Documents 360 7 Bidding/Permit 495 8 Construction Administration 1215 9 Interior Design 1215 10 Office Furniture & Art 1215 11 Acoustical Engineering and Design 1215 12 Medical Euipment Planning 1215 13 Signage Design 1215 14 Civil (Planning) 270 15a Civil Engineering Services 1215 15b Civil Engineering Construction Administration 1215 16 Landscape Architecture 1215 17 Food Services Design 1215 18 Technology (IT, Access Control, Security) 1215 19 Commissioning 1215 Page 23 ol'30 P5A_CCNA Single Prq_ect Agreement 12022_vet.I I C—N SCHEDULE D INSURANCE OVERAGE 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. 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 Page 24 of 30 I'SA_CCNA 5inglc. Project A1;i=n1cnl J2D22 rer.lt 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 afterthe 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. Sections checked ( * ) are required by this Agreement, 10, FE] WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. 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 $ 500,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. -1-1- ❑ 1r�+fed-a#a es-k�n her r ar#'s-a J� larber�fller er's-A t saver ge-sl tl tie-raa+r+tai+aed whefe--"l ble-4e- he- eeFmpiet on—af -the—war4I —Sever-age~- satve---minimurn --limit& �e# r--Glef rsru�r�ne� 12. ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Coverage shall have minimum limits of $ Per Claim/Occurrence. 13. Al COMMERCIAL GENERAL LIABILITY, 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, 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 Pali, The Genera[ 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. Page 25 of 30 11SA_CCNA 5inglc Proicct Agrcciiicnl [2022 vcr.11 l GAr11- 14. Collier County Board of County Commissioners 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. 4.6- ❑ Watefcr-a#'t—Liability----verage---sbatl—be red—•#a"e—QC• NS4L�AN-T--cf--4-he EAJBG han-4he--Sei eFG'al GeneFt4abimlmiifffi-"h-ewf*-in sabparagrap 'T, raeve-ff E+ca i4e-te-tiae-sss+ pietien € tl e erbise ur�de tis-Ag e t- 4-67, ❑ A rrsf—l=iabiliiy: --Dover ge�--skia4l--I ar ied� by--tl�e-- 1 Jt-T�4N�--or--#iae L T^ "' r,limi not less- a 00", 9 eeeti--oeer�r ease=if applieabic -to4ge ee rEet�ota-off-tie-Ser-vi eee�a �er�l-iireer� c 17. 0 BUSINESS AUTOMOBILE LIABILITY INSURANCE. 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. ❑ TEr.— l lbLOO"RRORS-A•N" MIS SIQN64N&U-14AME -SeveF ge-shah--have, $ Rer seu n[e- 4-9- ❑ ----e'er Q6GWr-ref9se- 29- ❑ UM8R" =A-L4ABI•WT3A A. WfflbFLAa-Liab+lity Faay be-fflai tag-ned as aft-okhe-li-ai iky-insumee•-ekhe-G0N L T- ��,;#�; sash--peais�y�-s�ada-f�e�eess`e�tl�e��pleye�NabNity-6a�lr�efe+al-�e�ler-et-L�abil+t�+-ate Autefnebile- LiabRit v-eFages•-requ+fed feia fid-Oa44ige We--as•1-rove; -e, r a�ekla�r+�i�g--farm basis-- pet+eyfl-se��i�l-wed+ng-t��le-a##�t�r-I�•he-eel#-e�-tie•-e•eite�l-e�-a�}� a�e�i�t �e-to-the-pa�r�er-�-o#-elai�e-�J�br�ll�xLi�re�--dc�ruw�te�aIy�as-�riy irane>- 21. X PROFESSIONAL LIABILITY INSURANCE. 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 Page 26 of 30 l'SA_UCNn Single I'micel Agrmnenl I24122. %v 1i 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 email, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by 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. E. 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. 5. 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 27 of'30 11SA_C'04A Single Nuivo Agrecownl f2022_ er,11 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, RG Architects, P.A. (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 Collier County Mental Health Facility "crolect" is accurate, complete and current as of the time of contracting. BY: 4 G TITLE: Se --- DATE: Z' Z.4j • Z.Z. Page 28 of 30 PSA_CCNA Single Project Agreement [2022_ver.1] (9) 0�, SCHEDULE F KEY PERSONNEL Name_ Personnel Category Percentage of Time Charles Gutekunst Principal 35 Javier Salazar Project Manager 65 Ryan Richards Senior Architect 55 Hernan Riviera Project Manager 55 Alex Jordan Project Manager 65 Maurizio Maso Senior Architect 45 Scott Lain Pro'ec# Mana er 65 Todd Griffith Principal 50 Paul Moerschel Principal 50 KathyIskander Project Manager 65 Alexis Velar uez Engineer 65 Joshua Fruth Principal 50 Jenne Woodward Sr. Project Manager 1 65 Carl Thrusman Sr. Project Manager 1 65 Krystel Weems Project Manager 11 65 Joanna Pidgeon Project Engineer II 65 Bruce Layman Ecologist 65 Kyle Fruth Sr. Engineer Inspector 65 Steve Sammons Landscape Architect 65 Jessica Harrelson Planning Manager 70 Alex Avila Sr. Designer 55 Anotoneet S a nola Sr. CAD Tech 1 65 Kim Davidson Permitting Coordinator 45 Audry Hancock Admin II 45 Luke Decaraires Engineer 65 Gabby Pelletier Engineer 50 Robert Donahue Engineer 65 Robert Moss Project Manager 65 Natali Garcia Senior Construction Manager 60 John Bowman Constructlon Administrator 60 Elianne Ablad Clerical 40 Carla Ortega Architect 60 Emily Minkowitz Architect 50 Laura Salazar Architect 50 Austin Landrette Architect 50 Sanjay Raiput Architect 50 Page 21 of 30 PSA—CCNA Single Project Agreemcm [2022,ver. ] ] 0 Other. SCHEDULE G (Description) fallowing this page (pages through ,) Al this schedule is not applicable Page 30 of 30 P5A_CCNA Single Project Agreement 12022_ver. i j DNO(