The URL can be used to link to this page

Backup Documents 04/12/2022 Item #16A24 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 2. 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management Ca 411247. 2. County Attorney Office 5� County Attorney Office Y*2-2.. - 4. BCC Office Board of County Commissioners Vil by fell /1(//ZZ 4. Minutes and Records Clerk of Court's Office 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Procurement Contact Information 239-252-6020 Contact/Department Agenda Date Item was April 12, 2022 / Agenda Item Number 16.A.24. Approved by the BCC Type of Document Agreement / Number of Original 1 Attached Documents Attached PO number or account N/A 21-7900 Hole Montes, Inc. number if document is Hole Montes, Inc. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! IVED 8. The document was approved by the BCC on April 12,2022 and all changes made RE. /A is not during the meeting have been incorporated in the attached document. The County T 201 option for Attorney's Office has reviewed the changes,if applicable. APR 1 is line. 9. Initials of attorney verifying that the attached document is the version approved by the 51<14,, /A is not BCC,all changes directed by the BCC have been made,and the document is ready for tl isk Managem ption for Chairman's signature. is line. l6 A24 PROFESSIONAL SERVICES AGREEMENT Contract # 21-7900 for Design Services for Stormwater Improvements for the BCG & CC/CCN Areas THIS AGREEMENT is made and entered into this -- day of I\ , 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 Hole Montes, Inc. authorized to do business in the State of Florida, whose business address is 950 Encore Way, Naples, Florida 34110 (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 Stormwater Improvements for the BCG & CC/CCN Areas (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANTS RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 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 1 of 30 PSA_CCNA Single Project Agreement[2022_ver.1 1 16A24 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 Richard "Rick" Brylanski, P.E. 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 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(c�colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: Page 2 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] l6A24 ' 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY 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 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] 16 AZ4 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. Page 4 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 16 A ? 4 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not 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 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 0 66A ? 4 d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the 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 6 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 16 Al 4 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: • 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. n ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. Page 7 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 16 A24 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 or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. Page 8 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] C Si124 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 16A24 CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 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 of 30 PSA_CCNA Single Project Agreement[2022_ver.l] the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior 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 30 PSA_CCNA Single Project Agreement[2022_ver.I] 16A ? 4 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: Capital Project Planning and Impact Fees Division Division Director: Trinity Scott Address: 2685 Horseshoe Drive S Naples, FL 34104 Administrative Agent/PM: Richard Miller, P.E., Principal Project Manager Telephone: (239) 252-5181 E-Mail(s): Richard.Miller(c�colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Hole Montes, Inc. Address: 950 Encore Way Naples, FL 34110 Page 12 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CPO 16 A24 Attention Name & Title: Richard E. Brylanski, Senior Vice President/Principal Telephone: (239) 985-1242 E-Mail(s): RickBrylanski(a�HMenq.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 D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 21-7900 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] 16A2A 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the 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 ScheduleE. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 1 fi A 7 4 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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 PSA_CCNA Single Project Agreement[2022_ver.1] C 16 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal-K. kinzel, Clerk of the Circuit Court and CtI# iptrpiler Date: CelfjP0 a. di `i `� , Willis/ L. McDaniel, Jr. Chairman =pr d •- to :nd -gality: .00 u'1 County Attorney a+f- p Name Consultant: Consultant's Witnesses: Hole Montes, Inc. By: Capi /;i Hess Jackely n C�.uaea I -1 ) 4R wV�? Name and title taCOordirCibr Name and Title itnes • Name and Title 4 1Stall/S‘ Page 16 of 30 PSA_CCNA Single Project Agreement[2022_ver 16 A2 4 SCHEDULE A SCOPE OF SERVICES following this page (pages 1 through 15 ) Page 17 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] Request for Professional Services (RPS) #21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" SCHEDULE A SCOPE OF SERVICES GENERAL STATEMENT In 2020, the County completed a feasibility study of needed stormwater improvements to serve the area encompassed by both the Big Cypress Golf& Country Club (BCG&CC) and the Country Club of Naples (CCN). It was intended to be a single development, but subsequent platting and sales separated the project area into the two distinct entities. The feasibility study, prepared by Robau and Associates, P.A., analyzed various scenarios to address correcting the current stormwater situation. The Consultant will design, and permit stormwater projects briefly described as follows: • Phase 1: Design the necessary stormwater facilities needed to re-establish the primary outfall system to jointly serve the Big Cypress Golf & Country Club and the Country Club of Naples. BCG&CC comprises the residential areas and the CCN comprises the golf course areas. For purposes of this Scope of Work, the entire area encompassed by both the BCG&CC and CCN are considered as the Project Area. • Phase 2: Design the necessary stormwater facilities needed to re-establish the roadside swale drainage system, address rear yard drainage improvements for the BCG&CC and CCN interface, and direct this stormwater into the primary outfall system. BACKGROUND The area encompassed by both the BCG&CC and the CCN were originally part of a single 60's era golf course community. Platting of the BCG&CC occurred in 1963 and 1964.Although the BCG&CC and CCN are separately owned areas, mapping information provided to the South Florida Water Management District (SFWMD) in 1978 demonstrates that the entire area of both the BCG&CC and CCN are intended to utilize a combined stormwater management system. Through the years there have been various levels of maintenance and repairs that have not been coordinated into a single operational system design. Currently, the Collier County Road Maintenance Division is responsible for maintenance of the roads and swales traversing the BCG&CC. The streetsare: • Burning Tree Drive • Cypress Pointe Drive • Mel Jen Drive The CCN is responsible for maintenance of the stormwater facilities within the property boundaries of the CCN, including the primary outfalls exiting the roads that must drain through the CCN property. The entire area has a long history of flooding during heavy rainfall events. During the summer of 2017 the flooding caused by Hurricane Irma was extensive and resulted in floodwaters entering several houses. However, much of the CCN property did not flood since its ground elevations through the years have been modified. Additionally, changes to the stormwater outfall systems on the CCN property that do not align with the old, existing SFWMD permit appear to have produced a capacity reduction in the outfall system at the time of Irma. The extremely high-water conditions in the Gordon Page 1 of 15 Schedule A — Scope of Services C Ib1k24 Request for Professional Services (RPS)#21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" River, the receiving water body, created tailwater that further impacted the ability to discharge stormwater from Irma. DETAILED SCOPE OF WORK General Overview of Services: Feasibility Study Alternatives Evaluation: The Consultant shall be responsible to evaluate the completed Big Cypress Golf and Country Club Estates and Country Club of Naples Stormwater Retrofit Feasibility Study prepared by Robau and Associates, P.A., This evaluation shall determine if the recommendations of the feasibility study are adequate. The Consultant shall have the ability to develop alternative design solutions if there is sufficient justification based upon factors such as ease of construction, reduced cost, reduced maintenance effort, reduced impact to the community, etc. Desired Level of Service for Flood Protection: The stormwater system design shall provide a level of service for stormwater protection for up to the 25-year/72-hour design storm event while meeting the existing discharge limitations established by the existing SFWMD permit (Permit No. 11-00064-S). Basic Points of Design: The basic points of design for this project entail but are not limited to the following concepts: • The feasibility study identified a need to protect the BCG&CC and CCN from Gordon River peak storm elevations by constructing a berm/retaining wall along the eastern and southeastern boundaries of the CCN. • During those peak Gordon River stages, a stormwater pump system needs to be re- established to provide a positive outfall. When the Gordon River is not at high stages a gravity outfall system can operate sufficiently without requiring the pump to run. The design will include a joint gravity and pump system with the proper automatic controls. • The stormwater connection at the junction of Burning Tree Drive and Solana Drive needs to be modified to prevent stormwater reverse flowing from Solana into Burning Tree and exacerbating the flooding of Burning Tree Drive. • The outfall systems need to be increased in capacity to get the stormwater to the Gordon River. • The roadside swale and driveway culvert system needs to be properly designed for reconstruction. • The CCN is currently in process of developing plans for total renovation of the golf course. The Consultant must work with the CCN to coordinate designs with the ultimate goal of providing a single outfall at the southeastern corner of the project site and eliminating the northern outfall. The coordination will also include any new lakes, swales, culverts, maintenance access/perimeter berm,vegetation, landscaping, or any other item proposed for construction on the CCN properties. The Consultant shall provide design and project management assistance including, but not limited to, the following: • Overall project management expertise • Preliminary Design that includes evaluation of the feasibility study • Design o Surveying o Surface and subsurface locations and investigations of surface and underground Page 2 of 15 Schedule A — Scope of Services Cq Request for Professional Services (RPS) #21-7900 16 A 4 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" utilities and stormwater facilities o Geotechnical investigations and analyses o Stormwater system modeling (feasibility study utilized XPSWMM) o Design and construction plans and report preparation • Stormwater pump station design • Stormwater weir design • Stormwater pipe/culvert/swale design • All other design required for the successful completion of the project o Easement document preparation • Regulatory agency permitting, including environmental permitting, requiring mitigation • Post-design services o related to bidding o related to construction Detailed Tasks: Task 1 — Project Management The Consultant's project management involvement with the County shall include the following: 1.01 Scheduling of Design Process: Consultant shall schedule the design of the Project to an efficient and timely completion, including the availability of sufficiently experienced staffing, equipment, software, etc. The intent of this RPS is to complete the design within six (6) months. The design is to be fully permittable with all required local, State and Federal agencies. While it is anticipated that environmental permitting shall be initiated within the six (6) month time frame, it is understood that final permit approvals are not able to be guaranteed by the Consultant and that permitting time may further extend the design process. 1.02 Project Review Meetings: Consultant shall schedule, attend, and prepare minutes of progress meetings with County and Community representatives, as requested by the County's Project Manager. • These review meetings shall extend throughout the Project design phase to keep the County and Community informed of the Project progress, to make certain that the Consultant is productively conducting its services and to obtain input and direction as required for outstanding project issues. Meeting objectives shall be to provide progress updates and reach decisions on pertinent issues relative to the specific topics being addressed. • It is anticipated that the Consultant shall prepare for and attend project review meetings, and distribute agendas and minutes for each meeting • A total of 12 monthly review meetings are anticipated during the data collection, design and permit submittal and request for information phase of the project. 1.03 Public Involvement. Establish a website for public outreach. Website may include uploading of relevant plans, design reports, schedules and/or correspondence as County determines is preferable for public notification. 1.03.A Coordinate an estimated three (3) public meetings for introduction as to the Page 3 of 15 Schedule A — Scope of Services 1 b A� `f Request for Professional Services (RPS) #21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" improvements and progress as to the proposed project, schedule, or request for public input. It is anticipated one will be considered at the 30% design phase, one prior to permit review, and one prior to start of construction. The costs associated with the reserving or leasing a meeting place will be the responsibility of the County. The Consultant will provide attendance with relevant design experts; prepare graphics for public viewing and presentation of the project; assist with advertising the project meetings and prepare documentation of public input provided at the respective meetings. Task 2— Preliminary Design The Consultant shall complete an evaluation of the feasibility study and provide a conformed alternative on developing a design for the stormwater system that address both low and high- water levels in the Gordon River and Solana Road systems,water quality treatment improvements for the old existing system, joint perimeter berm/access road along the Gordon River, and fully automated stormwater discharge pumping system. Wetland delineations/impacts and floodplain impacts shall be identified and become part of the preliminary design considerations performed by the professional staff including the professional wetland scientist(s) and certified floodplain manager(s). Two (2) alternatives being evaluated should consider the implementation of one or two storm water pumping stations; modifications required within private lands of the golf course; required easements for County future operation and maintenance considerations; future golf course modifications; parallel County projects underway for Solana Road outfall and Gordon River improvements; and the anticipated costs and potential permitting challenges of the desired options. The selected alternative by County staff and stakeholders will then be used as the basis for the continuation of the primary storm water management system design. This task includes attending two (2) meetings with County staff and stakeholders for presentation of the options and benefits. 2.01 A One Pumping Station Alternative: Provide an analysis that includes golf course renovations and drainage modifications obtained from golf course designers to analyze one storm water pumping station located near the southeast corner of the project area and utilizes a common outfall of the County project- Solana Road outfall improvements. 2.02 B Two Pumping Stations Alternative: Provide an analysis that includes golf course renovations and drainage modifications obtained from golf course designers to analyze two storm water pumping stations, with one located near the southeast corner of the project area and utilizing a common outfall of the County project - Solana Road outfall improvements; and another station to the northeast corner of the development. Task 3— Design Consultant's design shall consist of stormwater systems including fully automated stormwater pumping station design. Design tasks include the following: 3.01 Rights-of-Way and Drainage Easement Survey: Consultant shall provide land surveying services for Project design areas to include field surveying of the existing rights-of-way corridor for the platted roadways being Mel Jen Drive, Burning Tree Drive and Cypress Page 4 of 15 Schedule A — Scope of Services 1 6 A 4 Request for Professional Services (RPS) #21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" Pointe Drive, but not be limited to, the following: 3.01.A Research the public records for plats, deeds, and right-of-way maps to compile a horizontal control search map for the field crew to utilize. Locate with Global Position System (GPS) and traditional field surveying methods existing permanent reference monuments, right-of-way control monuments, abutting property corners and section corners/quarter corners within and adjacent to the Project Area. Horizontal survey datum shall be NAD 1983. 3.01.E Set survey baselines in relation to the survey control found in Item 3.01.A above. 3.01.0 Establish vertical control by running a level loop along the Project baselines, setting a benchmark at intervals not exceeding five hundred (500) feet distance. The benchmarks shall be located to not be impacted by construction of the Project's components. Vertical datum shall be NAVD 1988. 3.01.D Utilize the Sunshine State One-Call System to have the existing utilities located and to determine utility ownership (water, wastewater, gas, oil, electric, telephone, cable, etc.) prior to performing any field survey location efforts. Provide utility locates utilizing Ground Penetrating Radar(GPR) and radio detection along areas where construction of stormwater facilities designed by this project are to be located. Paint and flag findings. 3.01.D.1 Perform soft digs utilizing vacuum excavation to locate the exact depths of relevant utility crossings as part of the design effort between the 30% and 60% design phases. These locations will be based upon the proposed design when comparing the field surveying of painted utility locations. Due to the unforeseen number of locations, an allowance has been assumed of 40 individual locations. 3.01.E Infrastructure Location —locate existing features within and adjacent to the Project Area to include, but not be limited to, the following: • Property boundaries specific rights-of-way, and easements adjacent to rights- of-way. • All utilities (visible and below ground including water, gas, electric, telephone, cable,force mains, etc.) including manholes,valve covers, meter boxes, power poles, lines, pipelines, including invert elevations where applicable. • All stormwater facilities within the Project Area including swales, culverts, pipe ends, storm drains, inlets, including invert elevations where applicable. Note this includes the extensive golf course storm drain and lake system. • Edge of pavement and driveways extending 25 feet past right-of-way into lots. • Fences/bollards within 30 feet of the right-of-way limits encroaching into adjacent lots • Trees and shrubs within 30 feet of the right-of-way limits encroaching onto adjacent lots (within or overhanging the rights-of-way or easements) • Landscaping (code considerations) and Golf Course irrigation facilities Page 5 of 15 Schedule A— Scope of Services Request for Professional Services (RPS) #21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" � 6 A24 The deliverable will be survey data that will be included within the design documents. 3.01.E.1 Side Yard Drainage Easement Field Surveying Obtain field surveying of existing platted 10' wide drainage easements for the common lot lines of Lots 8-9, Block A, Lots 12-13 Block III; and Lots 9-10 Block C of Big Cypress Golf and Country Club Estates. The field surveying will locate all improvements within a 50-foot-wide corridor centered on common lot line including: existing buildings or other structures, landscaping, fences, storm sewer pipe, inlet and related elevations and inverts. The deliverable will be survey data that will be included within the design documents. 3.01 E.2 Golf Course Field Surveying Obtain field surveying of golf course topography, above ground improvements, drainage structures, storm sewer pipe material, sizes and inverts, and utilities that lie in the eastern and western section of the golf course from the rear yards lot lines of the Big Cypress Golf & Country Club Estates plat of subdivision Block III and Block C to the western right-of-way limit of Gordon River and the northern right-of-way of the Solana Road right-of-way and outfall drainage easement. The intention of this task is to provide data collection to determine the drainage interconnection of the golf course storm sewer system and analysis of the future pump station(s) sites and future servicing, operation and maintenance corridors and telemetry systems. The deliverable will be survey data that will be included within the design documents. 3.01.E.3 Environmental land cover assessment and species survey report Obtain environmental mapping of golf course land that lie in the eastern section of the golf course from the rear yards of the Big Cypress Golf& Country Club Estates plat of subdivision Block III and Block C to the western right-of-way limit of Gordon River and the Northern right-of-way of the Solana Road right-of-way and outfall drainage easement. The intention of this task is to provide land cover assessment to determine jurisdictional wetlands and or other surface waters; and identify the presence of threatened or endangered listed species pursuant to FCW and FWC criteria. 3.01.E.4 Obtain field surveying of flagged wetland locations Based upon the field flagging by Environmental Consultant, obtain the locations of flagging and relevant hydrological indicators established by consultant. 3.02 Geotechnical: Consultant (or identified subconsultant) shall provide geotechnical Page 6 of 15 Schedule A — Scope of Services 0 Request for Professional Services (RPS) #21-7900 A 6 A 2_4 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" investigations and analyses necessary for the design and preparation of construction plans for this Project. A report shall be prepared with recommendations and pertinent soils data, including the water table and rock depths, and shall be submitted to the County for its record. The geotechnical investigations and analyses shall include, but not be limited to, the following: 3.02A Field Operations — To define subsurface soil and groundwater conditions in the areas proposed for the stormwater piping, stormwater pump station(s) and control structure(s), perimeter berm/retaining wall, and stormwater conveyances, pond(s), and anywhere else there will be a need for excavation or facility construction. Consultant(or identified subconsultant) shall perform the following: • Mobilize drilling crew and equipment to perform Standard Penetration Test (SPT) borings advanced to a depth of at least twenty (20) feet or hard rock. If hard rock is encountered at shallow depths where deeper excavation is anticipated, the borings shall also extend sufficiently to determine the extent of hard rock to be encountered by said excavation. One boring to be provided at the proposed location of each storm water pumping station. Task includes obtaining a vegetation removal permit for access. Task assumes that there will not be any wetland impacts as part of the required vegetation removal. • Locate borings as close as reasonably feasible to proposed structure foundation locations. Coordinate with all underground utility companies and the CCN (avoid damage to the golf course) before drilling. 3.02B Laboratory Analysis — Representative samples obtained during the field exploration program shall be examined to obtain more accurate descriptions of the existing strata. Laboratory testing shall be performed on selected samples as deemed necessary to aid in soil classification and to further define the engineering properties of the encountered materials. The soil descriptions shall be based on the visual classifications procedure in general accordance with the AASHTO Soil Classification System (AASHTO M-145) and standard practice. 3.02C Geotechnical Report—The geotechnical report shall present the results of findings as typed boring logs and an overview of subsurface conditions as encountered in the test borings. The overview shall include the pertinent soils data results of the laboratory analyses, water table elevation, rock depths (elevation) and thicknesses, and specific recommendations needing to be brought to the attention of and considered by the Consultant's design engineer. 3.03 Stormwater System Modeling — The feasibility study utilized the XPSTORM and XPSWMM modeling software. XPSTORM is a reduced version of XPSWMM that focuses solely on the stormwater components of the overall XPSWMM model.The Consultant shall properly model all the existing and proposed stormwater components within the Project Area, including the Gordon River receiving body. The modeling shall be used to identify anticipated peak stages of stormwater for the various storm events to be modeled, peak discharges, peak discharge rates, etc. The modeling shall also be used to produce hydraulic grade line information for the proposed stormwater components to demonstrate graphically that streets, yards, houses, and the golf course shall not be unduly negatively impacted from flooding during the various rainfall events up to and including the 5 year, 24-hour and 25-yr/72-hr design storm events. It is understood that roads may be temporarily partially inundated in the travel lanes, but the goal is to keep the centerline of Page 7 of 15 Schedule A — Scope of Services Request for Professional Services (RPS) #21-7900 1 6 A 2 4 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" the roads at or above the peak stage of the storm events. The golf course tees and greens are to be above the peak stage of the storm events, and the majority of fairways and private residence yards should not be inundated more than twelve (12) hours. The stormwater system design should be sufficient to prevent flooding of the lowest floor, as defined by the National Flood Insurance Program, of all residences, the CCN clubhouse, and the CCN maintenance facility main building during the peak stage of the 1% annual flood event for a 72-hr duration storm. This task will be completed in two phases. The initial phase will be concurrently with task 2 in determining the conformed alternates of a single or dual storm water pumping station and other primary storm sewer system improvements. Subsequently during the design of the rights-of-way and other secondary drainage improvements, the model will be updated with this additional information added. The deliverable will serve as the drainage report which will be used for agency permit review of the proposed improvements. 3.04 Design Report: The Consultant shall prepare a Design Report outlining the basis of design for the Project's proposed improvements. This Design Report shall include, but not be limited to, the following: • Proposed stormwater quality treatment concepts to be utilized if any. • Proposed stormwater quantity and attenuation concepts to be utilized • Wetland delineations and proposed impacts • Proposed standards and specifications to be used for the Project components, designs and construction • Design calculations for stormwater facility components (e.g., inlet structures, discharge structures, discharge spreaders, culverts, weirs, excavation volumes, slope stability, nutrient loading (Harvey Harper), pump station design, electrical service requirements, backup pump operating design during loss of electrical service, foundation designs, structural designs, maintenance access road/perimeter berm/retaining wall designs, etc.) • Vegetation design • Maintenance program recommendations • Hydrologic/hydraulic modeling results, link-nodal diagrams, input/output files, etc. (if utilized) • Floodplain impacts to not raise and possibly lower regulated floodplain areas and base flood elevations. • Technical specifications shall utilize current Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and current FDOT Standard Indexes, when applicable. • In addition to technical specifications, the engineer shall coordinate with the County to develop the necessary General Conditions, Supplemental Conditions, and Special Provisions Specifications specifically for the Project. 3.05 Plans Preparation: Consultant shall prepare plan sets for permitting and construction purposes to include: Rights-of-way improvements to Mel Jen Drive, Burning Tree Drive and Cypress Pointe Drive to include a new 5-foot-wide concrete sidewalk along one side of roadways, improved roadside swales and grading, evaluation of driveway culverts and driveway Page 8 of 15 Schedule A — Scope of Services Request for Professional Services (RPS) #21-7900 1 6 A 7 4 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" restoration and/or reconstruction: and Golf Course storm water management system modifications of the primary master lake interconnections and introduction of one or possibly two storm water pumping stations and telemetry systems. as follows: 3.05.A Base Map — Consultant shall prepare a base map using survey information obtained in Task 3.01. The intent is for the County to provide the imagery available from the Collier County Property Appraiser (2016 or later). The base map shall show existing topographic features in a format suitable for preparation of plan and profile sheets. 3.05.B Utility Coordination — Consultant shall coordinate with utility service providers to identify potential conflicts with all proposed improvements. City of Naples will be responsible for resolution of conflicts with any potable water main distribution lines or residential services. Consultant to identify these potential conflicts based upon proposed storm sewer improvements and results of field location of existing utility locations utilizing soft digs for pipe areas or based upon information obtained directly from City of Naples. 3.05.0 30% Design Plans — Consultant shall prepare 30% design plans for the Project that depict existing topographical features, existing right-of-way and easement lines, and plan views of proposed stormwater treatment facilities and conveyance facilities and maintenance access road/perimeter berm, and contain, but are not limited to, the following: • Cover Sheet • Proposed typical section(s) • Existing/proposed corridor plan of proposed stormwater improvements and maintenance access road/perimeter berm alignments, including major connection points and major conflicts (if any) • Engineer's order of magnitude Opinion of Probable Cost (OPC) shall be prepared for the cost of constructing the Project. 3.05.D 60% Design Plans — Consultant shall prepare 60% design plans for the Project that depict existing topographical features, existing property, right-of-way and easement lines, existing utilities and stormwater components, proposed easement lines, plan and profile of proposed stormwater and maintenance access/perimeter berm facilities, structure details, stormwater pump station/control structure automation concepts, and contain, but are not limited to, the following: • Cover Sheet, Index and Key Map • Plan and profile view and cross sections of proposed stormwater treatment and conveyance, and maintenance access/perimeter berm facilities • Stormwater pump station location layout and design components including, but not necessarily limited to: o Pump capacity, operation set points and point of discharge o Pump station layout and cross sections o Pump station power supply (electrical service) o Details on the automated operational controls for the pump station (note backup manually operated switching controls also provided) o Details on the backup power supply (generator) sufficient to properly operate the pump station, its controls, its automation features, and preferably fueled by natural gas (Note one generator capable of operating Page 9 of 15 Schedule A — Scope of Services Request for Professional Services (RPS)#21-7900 t 6 A 2 4 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" both the pump station and the outfall weir slide gate may be considered in lieu of separate generators) o Pump station automation includes electrical service, motor operated control mechanisms, communication service, video cameras, and real time water level sensors. All features shall have remote monitoring and operating capability. The automated system, known as Supervisor Controlled Automatic Data Acquisition or SCADA, shall be designed to be comparable and compatible with the remote monitoring and operating systems currently used by the South Florida Water Management District. • Control Structure/outfall weir location layout and design components including, but not necessarily limited to: o Weir gravity flow capacity and point of discharge o Weir layout and cross sections o Automated slide gate activated to a closed position whenever the pump is activated (note backup manually operated controls also provided) o Details on the operational controls for the gravity outfall weir o Details on the backup power supply (generator) sufficient to properly operate the weir slide gate, its controls, its automation features, and preferably fueled by natural gas (Note one generator capable of operating both the pump station and the outfall weir slide gate may be considered in lieu of separate generators) o Outfall weir automation includes electrical service, motor operated control mechanisms, communication service, video cameras, and real time water level sensors. All features shall have remote monitoring and operating capability. The automated system, known as Supervisor Controlled Automatic Data Acquisition or SCADA, shall be designed to be comparable and compatible with the remote monitoring and operating systems currently used by the South Florida Water Management District. • Proposed details for stormwater treatment and conveyance components • Proposed details for the maintenance access/perimeter berm components to be constructed adjacent to the west bank of the Gordon River • Land use and vegetation mapping, including wetland delineations and impacts to wetlands that must be addressed as part of the environmental permitting process • Floodplain impacts (areas of increase or decrease) that will need to be addressed with the Federal Emergency Management Agency (FEMA) for modifications to the Flood Insurance Rate Map • Project design component specifications • Project design component quantities sheet(s) • Landscaping details (coordinated with CCN) • Engineer's OPC based upon the 60% plans shall be prepared for the cost of constructing the Project. • All existing and proposed ROW and Easements required to build and maintain the Project improvements clearly delineated and identified. 3.05.E 90% Detailed Design Plans — Consultant shall address all review comments provided for the 60% design plans and prepare 90% design plans for the Project that depict existing topographical features, existing property, right-of-way and easement lines, existing utilities and stormwater components, proposed easement lines, plan/profile/cross sections of proposed stormwater and maintenance Page 10 of 15 Schedule A — Scope of Services • Request for Professional Services (RPS) #21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" 6 Q Z access/perimeter berm facilities, all structure construction details, stormwater pump station/control structure automation details, and contain, but are not limited to, the following: • Updates/revisions to all plan sheets included in the 60% design plans • Construction level details for all proposed structures (e.g., steel reinforcement details and quantities for reinforced concrete structures, electrical diagrams/schematics for all electrical components, details for all piping components and connections, etc.) • Construction level details for all proposed stormwater treatment components, stormwater conveyance components, maintenance access/perimeter berm components, City of Naples utilities components impacted by the Project, and road reconstruction/restoration for roads impacted by the Project. • Separate documents with sketches and legal descriptions prepared by a licensed surveyor for all needed easements • Engineer's OPC based upon the 90% plans shall be prepared for the cost of constructing the Project. 3.05.E.1 Existing Landscaping Evaluation: Evaluate collateral landscaping outside of right-of-way limits which may be affected by proposed improvements and or construction. A map will be provided for review with residential lot owners, and impact areas to Golf Course identifying the locations and extent of landscaping which may be affected by work performed. 3.05.E.2 Identify new easements and rights-of-way (ROW) required for the infrastructure improvement, to include but not limited to, temporary construction easements, permanent easements, and permanent new ROW 3.05.E.3 If directed by the County, prepare sketches and descriptions for ROW and Easement acquisition. 3.05.F 100% Construction Documents — Consultant shall prepare 100% construction documents for the Project that address comments or revisions to the 90% detailed design plans and also incorporate permit conditions from permit agencies and contain, but are not limited to, the following: • Assistance with Technical Specifications and Bid Documents—The Consultant shall assist the County with preparation of technical specifications and bid documents. The Consultant shall review the documents prepared by the County and provide assistance with supplemental conditions, if appropriate. • Delivered Plans—The Consultant shall deliver the requested number of signed and sealed construction plans to the County for the County's record, along with requested set of electronic plans as needed for bid document distribution. Additionally, the construction plans shall be delivered to the County in electronic formats(DWG and PDF)scaled for printing at both 11 x17 and 24x36 sheet sizes. Page 11 of 15 Schedule A — Scope of Services 0 Request for Professional Services (RPS) #21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" 1 6 1\2 4 Task 4— Permitting The Consultant shall be responsible for preparing and submitting all required applications and other supportive information necessary to assist the County in obtaining all reviews, approvals and permits, with respect to the Consultant's design, drawings and specifications required by any governmental body having authority over the Project. Permitting tasks include the following: • South Florida Water Management District (SFWMD) environmental resource permit (ERP) 4.01 Prepare a preliminary stormwater design concept drawing and present it to the SFWMD in a pre-application meeting to determine if a SFWMD environmental resource permit (ERP) or modification will be required. 4.02 If the SFWMD determines that the ERP is required, the Consultant shall be responsible for preparation of the permit application, including all drawings, specifications and supporting backup information. Respond to all requests for additional information (RAI) from the SFWMD. All permit fees shall be paid by the County. • U.S. Army Corps of Engineers Section 404 or Nationwide environmental permit 4.03 Prepare a preliminary design concept drawing and present it to the U.S Army Corps of Engineers (USACOE) or the Florida Department of Environmental Protection (FDEP), whichever agency is correct, in a pre- application meeting to determine if a Section 404 USACOE environmental permit or modification or nationwide permit will be required. 4.04 If the USACOE/FDEP determines that the environmental permit is required, the Consultant shall be responsible for preparation of the permit application, including all drawings, specifications and supporting backup information. Respond to all requests for additional information (RAI) from the USACOE/FDEP or other federal agencies. All permit fees shall be paid by the County. • Collier County right-of-way permit 4.05 If required, prepare applications for Right-of-Way permits from Collier County Growth Management Department and respond to requests for additional information. Prepare all other required permit applications. Permitting fees shall be paid by the County. • Collier County excavation permit 4.06 If required, prepare the applications for excavation permits for construction of the pond(s), if necessary, as determined by Growth Management Department divisional staff and respond to requests for additional information. Permitting fees shall be paid by the County. 4.07 Prepare all other required permit applications. Permitting fees shall be paid by the County. Page 12 of 15 Schedule A — Scope of Services 16AalF Request for Professional Services (RPS)#21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" Task 5— Post Design Services Consultant shall assist the County with post design services that include, but are not necessarily limited to, bid preparation and evaluation, Contractor recommendation, and construction observation. Post Design Services tasks include the following: 5.01 Bid Preparation: Consultant shall assist in the construction bidding process to include, but not necessarily be limited to, the following: • Attend and participate in scheduling and presenting a pre-bid conference(meeting). • Assist in preparing addenda, as required, to interpret, clarify, or expand the bidding documents. • Attend the bid opening, review, and evaluate the bids received and provide written recommendations for consideration in the bid award. • Consult with and advise the County as to the acceptability of the Contractor and subcontractors, suppliers and other persons and organizations proposed by the prime Contractor for those portions of the work as to which such acceptability is required by the bidding documents. 5.02 Construction Administration and Support [Note: This phase is not necessarily referring to Construction, Engineering, and Inspection (CEI) Services. CEI responsibilities will be handled separately by the County and may or may not involve the use of a separate firm.] Consultant, as engineer of record, shall assist the County with construction observation, administration, and support services. Construction Administration tasks include the following: 5.02.A General Administration of Construction Contract — Consultant shall consult with and advise the County regarding activities and issues that may arise during construction of the Project and may be authorized by the County to act as the County's representative as may be provided in the Standard General Conditions of the construction contract documents. 5.02.B Site Visits and Observation of Construction — In connection with observations of the work of the Contractor while the Project construction is in progress, the Consultant shall make visits to the site at intervals appropriate to the various stages of construction, as mutually agreed by the County and Consultant, in order to observe as a design professional, the general progress and quality of the various aspects of the Contractor's work. Such visits and observations are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work. Based upon information obtained during such site visits and observations, the Consultant shall endeavor to determine in general if such work in proceeding in accordance with the design concept and the design information shown in the construction contract documents. The Consultant shall keep the County informed of the progress of such work. Page 13 of 15 Schedule A — Scope of Services C Request for Professional Services (RPS) #21-7900 16 F1 t, / 11 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" 5.02.0 Clarifications and Interpretations for Work Change Directives/Change Orders — The Consultant shall consult with the County on the need to issue necessary clarifications and interpretations of the construction contract documents as appropriate for the orderly completion of the work. Such clarifications and interpretations shall be consistent with the intent of, and reasonably inferable from, the construction contract documents. The Consultant shall advise the County on the need or recommendation to issue work change directives and/or change orders authorizing minor variations from the requirements of the construction contract documents. 5.02.D Shop Drawings—The Consultant shall review and approve (or take other appropriate action in respect of) shop drawings and samples and other data which the Contractor is required to submit, but only for conformance with the design information provided in the construction plans, technical specifications and/or construction contract documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the construction contract documents. Such reviews and approvals, or other action, shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. This review shall not include review of the accuracy or completeness of details such as quantities, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. Review of a specific item shall not indicate the Consultant has reviewed the entire assembly of which the item is a component. The Consultant shall not be responsible for any deviations from the construction contract documents not brought to the attention of the Consultant in writing by the Contractor. The Consultant shall not be required to review partial submissions or those for which submissions of correlated items have not been received. • The Consultant shall provide the County with written approval (or other appropriate action as needed) of shop drawings, samples, and other data submitted for review by the Contractor. The County makes the ultimate determination of acceptance or other appropriate action. • The Consultant shall provide the County written recommendations on the evaluation and acceptability of substitute, or "or-equal" materials and equipment proposed by the Contractor. The County makes the ultimate determination of acceptance or other appropriate action. 5.02.E Inspections and Tests — The Consultant may require and observe special inspections or tests of the work and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders, or the construction contract documents. The Consultant's review of such certificates shall be for the purpose of determining that the results certified indicate compliance with the construction contract documents and shall not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the construction contract documents. The Consultant shall be entitled to rely on the results of such tests. 5.02.F Applications for Payment — Based upon the Consultant's on-site observations as an experienced and qualified design professional, and upon review of the applications for payment and the accompanying data and schedules, the Consultant shall make a written recommendation to the County on the amounts Page 14 of 15 Schedule A — Scope of Services GAS 16 to Request for Professional Services (RPS) #21-7900 "Design Services for Stormwater Improvements for the BCG & CC/CCN Areas" that the Contractor should be paid. 5.02.G Contractor's Completion Documents — The Consultant shall receive, review and transmit to the County with written comments the maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the construction contract documents, certificates of inspection, tests and approvals, and marked up record documents (including shop drawings, samples and marked-up record drawings) which are to be assembled by the Contractor in accordance with the construction contract documents to obtain final payment. The Consultant's review of such documents shall only be to determine generally to the best of the Consultant's knowledge, information, and belief that their content complies with the requirements of (and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with) the construction contract documents. 5.02.H Substantial Completion — Following notice from the Contractor that the Contractor considers the entire work ready for its intended use, the Consultant and County, accompanied by the Contractor, shall conduct an inspection to determine if the work is substantially complete. If, after discussing all identified issues of possible objection with the County, the Consultant considers the work substantially complete to the best of the Consultant's knowledge, information, and belief per the conditions above, the Consultant shall deliver a certificate of substantial completion to the County. 5.02.1 Final Notice of Acceptability of the Work — The Consultant shall conduct a final inspection with the County to determine if the completed work of the Contractor is acceptable so that the Consultant may recommend to the County, in writing, final payment to the Contractor. Accompanying the recommendation for final payment, the Consultant shall also provide a notice that the work is acceptable (subject to the provisions of the preceding paragraphs) to the best of the Consultant's knowledge, information and belief and based on and limited to the extent of the services performed and furnished by the Consultant under the Consultant's agreement with the County. 5.02.J Record Drawings — The Consultant, as engineer of record, shall prepare record drawings based upon measurements and information he has obtained through proper surveying and measurement methods during the course of construction, and not relying solely on information provided by the Contractor. 5.02.K Project Certification—The Consultant shall prepare the appropriate documentation to certify project completion to the various permitting agencies. Page 15 of 15 Schedule A — Scope of Services 16 A24 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To-Exceed 1 Project Management $ $84,705.00 2 Preliminary Design $ $34,326.00 3 Design $ $355,031.60 4 Permitting $ $110,848.00 5 Post Design Services $ $204,220.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Page 18 of 30 PSA_CCNA Single Project Agreement[2022_ver.l] 16 Aa4 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee Total Time and Materials Fee $789,130.60 GRAND TOTAL FEE $789,130.60 B.2.2. 0* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages(basic, premium and incentive) paid to CONSULTANT's personnel,with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. Page 19 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] I` A74 ❑* Lump Sum Fccs: 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 B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any,the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: Page 20 of 30 PSA_CCNA Single Project Agreement[2022_ver.l] CM) $ 6 A24 B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. [END OF SCHEDULE B] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 21 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 16A24 SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Senior Principal Engineer IX $220 Principal Engineer VIII $205 Engineer VI $170 Engineer IV $140 Engineer II $115 Engineer I $105 Permitting Coordinator $110 Senior Designer $125 Designer $115 Senior Contract Administrator $125 Contract Administrator $110 Senior Construction Field Representative $105 Construction Field Representative $95 Landscape Architecture Director $170 Landscape Architecture II $105 Principal Surveyor $180 Senior Surveyor $145 2 Person Survey Crew $140 3 Person Survey Crew $175 4 Person Survey Crew $195 Technician IV $80 Technician II $55 Subconsultants Value of Work The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 22 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 0 16 ?4 SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days For Completion of Task Task/Item from Date of Notice to Description Proceed 1 Project Management 365 2 Preliminary Design 45 3 Design 180 4 Permitting 365 5 Post Design Services 1 Bid Phase Assumed(15 Months Construction Schedule) Page 23 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 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 PSA_CCNA Single Project Agreement[2022_ver.1] C 1 e AtA purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( I■I ) are required by this Agreement. 10. • 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 $ 1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. ❑ $ Per Claim/Occurrence. 12. n 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. U 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, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. Page 25 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CA° 16 A2A 14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an"Additional Insured"on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. ❑ • 16. ❑ 17. ❑■ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. 18. ❑ minimum limits of$ Pcr Occurrence. .fig,. C..Y._B€R.-IN e-shaUave minimum limits of$ Per Oseurrenc-e, 20. ❑ 1 111AQ E 1 A I I A B4I ITV -ANT basis. rr insurance. 21. n 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 $2,000,000 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 PSA_CCNA Single Project Agreement[2022 ver.l] 0,0 16 A. 4 ` Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] Page 27 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 16 A24 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hole Montes, Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Design Services for Stormwater Improvements for the BCG & CC/CCN Areas "project" is accurate, complete and current as of the time of contracting. BY: 7014 ►PJ0 `'f TITLE: C►F•VIG4 ‘1r DATE: 311cl2c z_ Page 28 of 30 PSA_CCNA Single Project Agreement[2022_ver.11 11 CA atA24 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time 2 Person Survey Crew (52A) 8.7 3 Person Survey Crew (53A) .3 Jackelyn Lopez Technician IV (60A) 6 Tom M. Murphy Principal Surveyor(49A) 2.6 Valentin Zdravkov/Kevin Payne/Jarrod K.Harriott Senior Designer(22A) 25.9 Richard E. Brylanski/David Schmitt Principal Engineer VIII (10E) 10.9 Paulette D. Charbonneau Permitting Coordinator(45A) 5.9 John C. Baker/Tyler Bonnough Engineer IV (12D) 18.1 Ben Nowell Designer(22B) .7 William Prysi Landscape Architect(35B) 2.4 John Holtsclaw Landscape Architecture II 3.5 Mike Roddis Senior Contract Administrator 15 Page 29 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] . 1bA24 SCHEDULE G Other: (Description) ❑ following this page (pages through ) ❑■ this schedule is not applicable Page 30 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] /�� 16 A 2 ' ' ® AC o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/16/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cheryl Nevins BKS Partners PHONE FAX 5216 Summerlin Commons Blvd (A/c.No.Eat):239-931-3037 (A/C,No):239-931-5604 Suite 200 ADDRESS: cheryl.nevins@bks-partners.com Fort Myers FL 33907-2139 INSURER(S)AFFORDING COVERAGE _ NAIC# License#:L008716 INSURER A:Continental Insurance Company 35289 INSURED HOLEMON-01 INSURER B:American Cas Co of Reading PA 20427 Hole Montes, Inc. 950 Encore Way INSURER C:Lexington Insurance Company 19437 Naples FL 34110 INSURER D:National Fire Ins of Hartford 20478 INSURER E:Valley Forge Insurance Co. 20508 INSURER F: American Alternative Insurance 19720 COVERAGES CERTIFICATE NUMBER:520422043 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) F X COMMERCIAL GENERAL LIABILITY Y 9021093 1/1/2022 1/1/2023 EACH OCCURRENCE $1,000,000DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: E AUTOMOBILE LIABILITY BUA6080018345 1/1/2022 1/1/2023 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X PIP 10,000 $ A X UMBRELLA LIAB X OCCUR CUE6080025120 1/1/2022 1/1/2023 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1n ann $ D WORKERS COMPENSATION 7012103908 1/1/2022 1/1/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE Y E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B EQUI-Leased/Rented 6080018975 1/1/2022 1/1/2023 1,000 Deductible 50,000 C Professional Liability 031711175 1/1/2022 1/1/2023 50,000./150,000 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Robert Murray is Excluded From Workers Compensation Coverage Contract#21-7900"Design Service for Stormwater Improvements for the BCG&CC/CCN Areas"(Hole Montes,Inc.) Collier County Board of County Commissioners is Additional Insured with regards to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners- ACCORDANCE WITH THE POLICY PROVISIONS. Administrative Services Division Purchasing Departmen r 3295 Tamiani Trail E. AUTH IZED REPRESENTATIVE Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD