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Backup Documents 05/24/2022 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 6 1 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 420 zz 2. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office i u 53I xV`"li 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 Patrick O'Quinn/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was May 24th, 2022 Agenda Item Number 16.B.1. Approved by the BCC Type of Document PROFESSIONAL SERVICES ✓ Number of Original 1 Attached AGREEMENT Documents Attached PO number or account N/A 21-7845 / STANTEC number if document is BAYSHORE CONSULTING to be recorded DRIVE SERVICES,INC. REDEVELOPMENT PROJECT 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 chai.unian'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 PRO 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 PRO document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PRO 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! RECEIV 8. The document was approved by the BCC on 05/24/2022 and all changes made during is not the meeting have been incorporated in the attached document. The County MAY 2 4 Zouption for Attorney's Office has reviewed the changes,if applicable. 64 . this line. 9. Initials of attorney verifying that the attached document is the version approved by the R'sk M N/A is not araQ BCC, all changes directed by the BCC have been made,and the document is ready for the 96tion for Chairman's signature. this line. 68 1 PROFESSIONAL SERVICES AGREEMENT Contract # 21-7845 for Bayshore Drive Redevelopment Project THIS AGREEMENT is made and entered into this L l day of Y 4 q y , 20 22 by and between the Board of County Commissioners for Collier County, Florida, a p litical subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Stantec Consulting Services, Inc. authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay Blvd., Suite 300, Naples, Florida 34108 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Bayshore Drive Redevelopment Project (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. Page 1 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] 0 16. B 1 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 Chris Brockmeier, PE 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(a,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.I C4(; , 6B 1 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.1] C40 ! 6B 1 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.I] ��P3 168 1 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.I] O`1O It 6 8 1 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.l] I 8 1 ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ❑ by the grantor agency. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. Page 7 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] cqo 1 1 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] * 68 1 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] c" I 6 1 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.1] ��o 168 1 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.1] C`90 ! 68 1 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: Community Redevelopment Agency Division Director: Debrah Forester Address: 3299 Tamiami Trail East, Bldg F Naples, Florida 34112 Administrative Agent/PM: Debrah Forester Telephone: (239) 252-8846 E-Mail(s): Debrah.Forester(ccolliercountyfl.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: Stantec Consulting Services, Inc. Address: 5801 Pelican Bay Blvd., Suite 300 Naples, Florida 34108 Page 12 of 30 PSA_CCNA Single Project Agreement[2022_ver.l] ezQ * 66 1 Attention Name & Title: Chris Brockmeier Telephone: (239) 649-4040 E-Mail(s): Chris.Brockmeier(a�stantec.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 # 21-7845 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 of 30 PSA_CCNA Single Project Agreement[2022_ver.l] toe 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 Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CCNA Single Project Agreement[2022_ve 11 'Act 168 1 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] �9� iia 1 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. KinzelClerk of the Circuit Court andComptttblierx ,, s , C' By: - By: Date: Willi L. McDaniel Jr. , Chairman Attest as to signature only. Ap v d as to Form and Legality: f" County Attorney cal cs\p\ Name 6 �`vv Consultant: sultant's Witnesses: Stantec Consulting Services, Inc. CC By: Witness A a a �g O r►-� 1�� Chris E. Brockmeier, PE - Senior Principal Name and TitleSe rNia ( (rn.;n,iS-F1241five Name and Title aSSiSy t.CC jot, "OPe Wier v3�s§� S i Md."inan Qv Name and Title Page 16 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] I 6 8 1 SCHEDULE A SCOPE OF SERVICES 1 19 following this page (pages through ) Page 17 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] Te"' 168 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" SCHEDULE A SCOPE OF SERVICES PURPOSE The Collier County Board of County Commissioners (hereinafter referred to as the "COUNTY") issued a Request for Professional Services (hereinafter, "RPS"). The COUNTY received proposals from interested and qualified Consultants, interviewed and ranked each and has selected Stantec Consulting Services Inc. (CONSULTANT) to negotiate this scope of services and contract. The proposed scope of work described herein is provided to design and permit a pedestrian connection from Bayshore Drive to Sugden Park (Boardwalk) on a 17.7± acre parcels (Parcel Nos. 61840840003, 61840960006, 61840960103 and 53401680005) owned by the Collier County Community Redevelopment Agency (CRA) and located within the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA). The project is zoned as the Cultural Arts Village at Bayshore MPUD. We also understand that the CRA's interest is to develop the public realm spaces in a manner that provides efficient use of resources and maximizes future development as provide in the current PUD. PROFESSIONAL SERVICES The services outlined in this proposal shall include the following professional and technical personnel to perform, be responsible for, and support the Scope of Services called for herein. The CONSULTANT will provide planning and design, drawings, specifications, and recommendations necessary leading to the design and permitting of a boardwalk on a 17.7 ±acre parcel owned by the CRA located within the BGTCRA (see Boardwalk Exhibit A attached hereto for limit of work). The term Boardwalk includes any pathway, boardwalk or bridge as required to provide the pedestrian connection. The scope of this proposal is based on CONSULTANT's understanding of the current rules, regulations, and ordinances in effect on the date of this document. CONSULTANT shall support and provide drawings and other deliverables commonly associated with the milestone design submittal phases: • Site Development Plan approval (SDP) Boundary and Project Area Design Exhibits as required. • Update existing information as needed to obtain permits. • Attend one (1) Project Kick-off Meeting with staff. • Attend meetings with Collier County Growth Management Department (GMD) staff based on the notes received from the March 24, 2022, Pre-Application meeting. • Attend one informational meeting with the Naples Botanical Garden (NBG) and staff during the planning phase of work. • Attend one (1) Informational Meeting with the community to present concept layout of the Boardwalk. Page 1of18 Schedule A—Scope of Services CA Request for Professional Services (RPS) No. 21-7845 1 U B 1 "Bayshore Drive Redevelopment Project" • Attend monthly coordination/design meeting reviews with the COUNTY and consultant team through the Construction Document Phase. Communications with the COUNTY will be regular and if necessary, any critical issues may be addressed between these monthly meetings. • Geotechnical analysis and findings and necessary for the boardwalk design and permitting. • Attend one (1) Consultant Design presentation/public information meeting with the CRA Advisory Board at 30%, 60%, 90%, and 100% design tasks for Boardwalk design. To present progress of Boardwalk design. • Attend one (1) consultant Design presentation/public information meeting with the Parks and Recreation Advisory Board at 60% and 90% design tasks for Boardwalk design. To present progress of Boardwalk design. • Additional Stakeholders meeting - attend one meeting with the owner or owner representative of parcel 61840840100; one (1) meeting with the property owners of Jeepers Drive; one (1) internal staff meeting with representatives from other divisions such as Zoning and Development Review to review concept layout of boardwalk preliminary concept plan. • Prepare initial and final environmental analysis and Site Development Permits as required to obtain Collier County SDP and South Florida Water Management District Environmental Resource Permit (ERP) and other permits for the boardwalk or bridge features. This scope item would also include a South Water Management District Water Use (WU) Permit if a decision is made by the owner to utilize surface or ground water for on-site irrigation and to support the required code and enhanced landscaping for the Project. • Prepare and obtain a Site Development Plan Insubstantial (SDPI) permit which will modify the permit for the Sugden Regional Park project to accommodate the boardwalk connection. Please note, the design, permit and permit deliverables for the County permit applications are based on the minutes from the pre-application meeting with County staff dated March 24, 2022. • Prepare Boardwalk Construction Documents with Milestone Submittals at: 30%, 60%, 90%, and 100% Design completion. BOARDWALK SCOPE OF SERVICES Task 1A - Conceptual Plan/Site Development Plan (SDP) - Preliminary Design Initial analysis work will include the review of the Cultural Arts Village at Bayshore MPUD - Ordinance 12-21 and determination of the location of the boardwalk to assure future vehicle access or development will not be hindered by the boardwalk location. The consultants will meet with appropriate GMD staff to review access points and the current PUD Conceptual Plan. Consultant will review March 24, 2022, Pre-Application meeting notes between the GMD and CRA and present concept design/placement of the boardwalk. The Concept Plan will provide location of a boardwalk. No parking is anticipated to be required for Boardwalk development. The Sugden Park Site Plan requires review and will need to be amended through the GMD with an Insubstantial change to the Site Development Plan Approval (SDPI) to accommodate the Boardwalk connection Page 2 of 18 Schedule A-Scope of Services (' & 68 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" Environmental Services needed to provide for the boardwalk SDP and Sugden Park SDPI approvals and support the construction plans for approval of the boardwalk. The CONSULTANT understands that the site is a catalyst for the southern part of Bayshore Drive and the vision is to create a public space that not only connects the community to Sugden Park, but future opportunities as outlined in the approved PUD. Additionally, the CRA will be engaging a branding team separate from this project to develop a branding strategy and its components for the Bayshore Drive area. The CONSULTANT will coordinate with the Branding consultant chosen by the CRA to provide assistance in selecting the final design elements incorporated into the Boardwalk such as lighting fixtures, signage, and security features that meet and support the branding initiative. The County authorizes the CONSULTANT to use their information as background data and previous studies for this project. A review of previous studies will be conducted to provide an overview of development potential and to determine what updates are needed to obtain environmental and engineering permits and to deliver Boardwalk 100% construction plans. Studies are known to include: • 2020 Conceptual Site Plan • 2018 Community Survey Results • 2102-Environmental Impact Statement • 2012 - Cultural Arts Village at Bayshore MPUD - Ordinance 12-21 • ERMI Phase II Environmental Site Assessment April 2010 • Lake Bottom Depth Analysis • Tertiary Stormwater System Improvement Plan 2011 • Site Assessment 2006 • Surrounding Conditions Map 2011 • 2009 South Florida Water Management District Meeting Notes • 2010 Pizzuti Initial Site & Infrastructure Plan • 2012 Pizzuti Task 3 Final Report • LIDAR Aerial - 17 acres and surrounding area • Survey (Refer to Exhibit A which identifies the Project Limits as they relate to these scope of services) Working directly with the CRA, the concept plan will include Boardwalk location and consistency with PUD Concept Plan and identify any constraints or impacts to future phases. The Boardwalk Concept Plan will include proposed future vehicle site circulation, a site stormwater features as needed, boardwalks, and bridging to Sugden park. From a contextual standpoint, consideration of sidewalks, cross walks and other transportation elements will also be included for Bayshore Drive. A first phase design area and associated plan elements to be included in the detailed design and construction documents will be identified with the COUNTY's review and approval for the boardwalk and required elements for Boardwalk including items for public safety and security. Task 1A — Concept Plan Deliverables 1. Summary of Opportunities and Constraints report and mapping. Page 3of18CAC Schedule A—Scope of Services $ 68 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" 2. A hand drawn Bubble Concept Plan, identifying boardwalk location and future access points and relationship to existing PUD Concept Plan. 3. Show connection to Sugden Park and coordinate with Collier County Parks and Recreation to assure placement of boardwalk can be incorporated into Sugden Park SDP modification. Task 1B — Environmental Services • Environmental services will be performed by CONSULTANT's professional and licensed sub- consultant as required by SDP and jurisdictional authorities. Initial Task 1 activities include: Updating the vegetation mapping. o New mapping quantifying the extent of exotic vegetation infestation across the property. o Identifying any trees or areas that may be suitable to try and save or incorporate into the final site plan. o Identify any potential native areas suitable for preservation. • Verifying the wetland jurisdictional boundaries. o Wetland limits will be located and flagged for surveying so that site plan avoidance or impacts can be accurately determined. Coordination with the various regulatory agencies will be initiated for formal determination of wetland limits. • Coordination on lake edge treatments with design team. • Resurveying the site for listed species utilization. o There is an inactive bald eagle nesting territory that encompasses the site. ■ Coordination with FWS will be initiated to declare abandonment to move forward with site planning. Task 1B — Environmental Services Deliverables 1. A site Analysis and Vegetative Mapping based on site reconnaissance. Task 2 — Stormwater Treatment Subtasks Site-Civil Design Development Services The CONSULTANT will perform a stormwater treatment analysis for the boardwalk as required for SDP and ERP. Page 4 of 18 CA( Schedule A—Scope of Services 16B 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" Task 2 — Stormwater Analysis Site Civil Deliverables 1. Provide Minutes of Meetings with Authorities Having Permitting Jurisdiction 2. Prepare and submit Draft Permit Application for County Review and Approval. Subtask 2A — Pre-Design Survey Services Update existing survey as required for SDP approval for Bayshore Boardwalk and Sugden Park Site Plan Modification. CONSULTANT will obtain pre-design survey information and prepare an existing conditions, boundary, and topographic survey with aerial overlay of the overall project site for design and permitting purposes. The pre-design survey information will include the following: • The COUNTY shall provide a title commitment to the County owned lands prior to the Pre-Design Survey Field work. • Establish horizontal (NAD 1983) and vertical control (NAVD 1988) and Florida State Plane East for pre-design survey. • Horizontal locations and vertical elevations (H/V) of any visible above-ground utility locations and other site elements to assist in the design and permitting phases. Location of site elements will include existing storm drainage pipes, structures, trench drains and public area yard drains, storm water detention areas, drainage and conveyance ditches/swales, lake areas, top and bottom of banks at water's edge, typical lake cross-sections from top of bank to lake bottom on 100-foot intervals or more frequently at more abrupt lake edge curvatures, Bayshore Drive roadway, curb lines and sidewalks contiguous to the project boundary, above grade utilities, utility easements, and historic eagle nesting tree location, etc. • Provide horizontal location of wetland delineations as marked by the Environmental Sub- consultant. Task 2A Pre-Design Survey Deliverables: 1. Prepare a Pre-Design Survey in AutoCAD and pdf including existing conditions, boundary, horizontal and vertical datum for the site as noted above including a current County aerial overlay and including mapping wetland boundaries and identified listed species boroughs or nests. Subtask 2B — Geotechnical Analysis Services required for SDP and construction permits Geotechnical testing and soil borings of the subsurface will be performed by CONSULTANT's professional and licensed sub-consultant. The design/structural parameters and desired soil boring locations will be provided by the civil engineer and members of the design team to assist in the sub- consultant's testing, analysis, and recommendations. The Geotechnical Services shall include the following: • Obtaining the required vegetation clearing permits for Geotechnical work efforts (equipment access). • Obtaining the required Right of Way (ROW) permit. • Obtaining the required well permit. • Contacting Call Sunshine for locating underground utilities. • Engaging a sub-contractor to locate on-site underground utilities or clear areas for burred debris with Ground Penetrating Radar (GPR). Page 5 of 18 Schedule A—Scope of Services 168 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" • The geotechnical sub-consultant will engage a licensed sub-contractor to complete vegetation clearing to access drilling equipment to desired soil test boring locations. Please note, this scope of service does not include removing any cleared vegetation from the site or replacing any vegetation after clearing is complete. Also, any necessary restoration work will be included in the code minimum planting plans to be bid by the COUNTY for restoration. • Mobilization of a drill rig and crew to the site. • Drilling six (6) Standard Penetration Tests (SPT) soil test borings to depths ranging from 20- to 30-feet below existing ground surface. This scope of service assumes the following; o Drilling three (3) soil test borings to maximum depths of 20-feet below the existing ground surface to support general site development identified in the concept plan. o Drilling three (3) soil test borings to maximum depths of 30-feet below the existing ground surface for the boardwalk alignment. • Completing up to one day of test pit excavations, in the same sub-contractor mobilization for clearing the access paths. • Obtain representative samples from soil borings. • Grout soil borings in accordance with local and state requirements. • Completing one South Florida Falling Head test. • Completing one double ring infiltration test. • Completing one hand auger adjacent to the double ring test location. • Stratification of the boring by a geotechnical engineer. • Completing laboratory grain size analysis and moisture (possible organic) content testing on a selected soil samples (cohesive soils are not anticipated). • Analyzing the data. Please note, prior to submitting the vegetation clearing permit application for the boring installation, will require the following: • Written verification that all wildlife surveys, wetlands surveys, exotic species surveys and any other requirements by local, state, or federal governing bodies have been completed, and that there are no impediments to obtaining a vegetation clearing permit. • Letter from the current property owner authorizing sub-consultant and their selected clearing sub- contractor to perform vegetation clearing on the subject property. • The boring locations are to be staked in the field by the project surveyor (CONSULTANT) and provided the existing elevation of each boring locations to sub-consultant to be included in the boring logs. Task 2B — Geotechnical Analysis Deliverables 1. Provide Geotechnical Draft and Final report summarizing the findings and presenting the following: a. Boring logs representing the encountered subsurface material. b. Boring location plan depicting the relative location of the borings. c. Results of the laboratory testing. Page 6 of 18 Schedule A—Scope of Services C,!��'' 168 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" d. Description of the encountered soil/rock and groundwater, including estimated high season groundwater level. e. Geotechnical engineering recommendations for deep foundation design of the board walk structure. f. Recommendations for monitoring and testing during construction. Subtask 2C - Environmental Services The environmental Sub-consultant will work with the Team on the SDP and construction plans with respect to preserve areas, shoreline treatments, and species management plans that may need to be incorporated into the SDP and construction plans. The initial work effort will include a review of past environmental work and update environmental documents to match current conditions to obtain Site Development Plan. This will include final deliverables of the collected information in formats acceptable to all permitting agencies including the SFWMD, Florida Department of Environmental Protection (FDEP), Florida Fish and Wildlife Conservation Commission (FFWCC), USFWS, and Collier County: • Updating the vegetation mapping. o New mapping quantifying the extent of exotic vegetation infestation across the property. o Identifying any trees or areas that may be suitable to try and save or incorporate into the final site plan. o Identify any potential native areas suitable for preservation. • Verifying the wetland jurisdictional boundaries. o Wetland limits will be located and flagged for surveying so that site plan avoidance or impacts can be accurately determined. Coordination with the various regulatory agencies will be initiated for formal determination of wetland limits. • Coordination on lake edge treatments with design team. • Resurveying the site for listed species utilization. o There is an inactive bald eagle nesting territory that encompasses the site. ■ Coordination with FWS will be initiated to determine if territory can be declared abandoned, or if permitting will become required to move forward with site planning. Boardwalk design and permitting can be undertaken during the initial environmental data collection phase. Water crossings over Lake Kelly and the drainage canal between the property and Sugden Park can be designed and permitted to create an immediate connection between the two properties. Coordinate with Collier County Parks and Recreation to assure placement of boardwalk can be incorporated into Sugden Park SDPI modification. The County Code would require that all exotic vegetation be removed from the property at the time of the Boardwalk construction so the additional cost of the removal and stabilization of the site following removal will be included in the Boardwalk costs and plans if the intent is to construct the Boardwalk ahead of other site improvements. Task 2C — Environmental Deliverables 1. Prepare updated Vegetative Mapping, Listed Species and Wetland Limits of the Site. 2. Exotic Vegetation Removal Permit Application. 3. Agency applications. Page 7 of 18 Schedule A—Scope of Services ,_ lal' 168 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" 4. Meeting notes for all permitting agencies. Task 3A - Construction Plans/Documents The CONSULTANT will prepare 100% design and permitting construction plans for Boardwalk elements agreed to by the CRA based on the layout of the conceptual plan to include construction of the pedestrian connection from Bayshore Drive to Sugden Park with a boardwalk and accompanying amenities as outlined in the concept Plan. Submittals will include 30%; 60% and 90% design drawings with an updated cost estimate at each submittal. Final construction 100% bid plans and specifications for the components of Boardwalk will be delivered in a timely manner. The CONSULTANT will present construction plan progress to the Advisory Board at a public meeting with each submittal. Deliverables will include, but are not limited to: Schematic Design (SDs, 30% CD's) This scope of services will only address Boardwalk elements of the project. • Schematic Design Documents will be phased under the following design progression: o 30% plans Boardwalk • Further develop project planning and permitting strategy, and schedule milestone dates with consultant team and owner. Site Development Plan approval and the insubstantial change for Sugden Park Site Development Plan. • Provide schematic level design services to coordinate the design goals of the consultant team and owner and provide a common understanding of design solutions. Schematic design level services will consist of the following: • Provide site plan layout in ACAD format for owner and consultant team review. Revise site design and layout up to two times based on comments. • Prepare a preliminary grading plan of the site and generate cross-sections to understand the relationship between the various design components and the proposed improvements of the surface water management plans. • Prepare site planning/design coordination exhibits, illustrative renderings or other schematic design related tasks as requested by the COUNTY and in support of a Collier County pre- application meeting and other authorities. • Compute site plan layout in ACAD format for owner and consultant team review. Revise site design and layout up to two times based on comments. • Provide drawings for site development to include hardscape materials and selections, site details, lighting location plans, landscape and irrigation plans and the coordination of site civil and landscape architecture development. • Prepare site planning/design coordination exhibits, illustrative renderings or other schematic design related tasks as requested by the COUNTY and in support of a Collier County pre-application meeting with the Growth Management Division and other authorities. • Prepare Rough-Order of Magnitude (ROM) of Probable Cost (OPC) Page 8 of 18 Schedule A—Scope of Services C`' 1 6 B l Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" Design Development (DDs; 60% CD's) • This scope of services will only address Boardwalk elements of the project for the following: o 60% plans for the Boardwalk • Compute site plan layout in ACAD format for owner and consultant team review. Revise site design and layout up to two times based on comments. • Prepare hydraulic modeling analysis in support of the proposed utilities, drainage infrastructure and surface water management plans. • Coordination with consultant team for design needs and other items on their DDs and facility planning. • Provide drawings for site development to include hardscape materials and selections, site details, lighting location plans, services or conduits to support security cameras/devices, domestic potable water utility services to support hose bibs and drinking fountains only, landscape and irrigation plans, and the coordination of site civil and landscape architecture development. • Generate 60% complete DD plans/technical specifications. The intent of the 60% complete DD plans is to identify the scope of work in sufficient detail to allow for comment by consultant team and the COUNTY, and to prepare a preliminary budget for the Project, and to recommend any changes to the site design prior to proceeding with final design and construction document generation. For a project of this size and scope, the following plans could be included: o Aerial o Existing Conditions & Demolition Plan o Site Layout Plans o Zoning Data Plan o Site Earthwork, Grading, Drainage and Surface Water Management Plans/Stormwater Design o Secondary Drainage Plan o Site Utility Plans o Plan and Profiles o Conduit Plans (site) o Cross Sections o Drainage Details o Paving Details o Erosion Control Plans o Standard Municipality Details o Landscape, Specialty Paving and Site Element Plans and Details o Structural Design, Notes, Plans and Typical Details for the new boardwalk and other required structural features • Submit copies of the DDs to utility providers (electric, phone, cable, and gas) or other consultant team members to finalize their design and service planning. • Prepare Opinion of Probable Cost (OPC) Page 9 of 18 Schedule A—Scope of Services 168 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" • Provide a Structural Engineering Narrative with all design criteria and a description of the proposed structural system and construction methodology of the boardwalk. This information may be used to consider a manufactured bridging system in lieu of a typical boardwalk crossing in which case the manufacture is responsible as delegated engineer for all systems and connections associated with the bridge design in coordination with the CONSULTANT for aesthetic and finish purposes. The CONSULTANT will receive and review shop drawings and submittals for review of the COUNTY preferred manufactured bridge and its abutments, connections, members, finishes, etc. The Structural Engineer will review the Geotechnical Report during this phase. If an opportunity to incorporate public art into the boardwalk area has been identified, the CRA will initiate the selection of an artist per the process identified in the Public Art Pilot Plan to bring the artist on board to participate in the design development and any specific structural needs. 60% complete DD plans/technical specifications and Design Alternative Coordination and Review: Assist the COUNTY in the identification of design alternatives for functional and cost benefits as may be available. Design Alternatives will be developed in the process of design and from comments from 60% DD deliverables. Design Alternatives may be identified in this design phase during the execution of the following scope items: • Preparation and Review of ROM's and Engineers OPC. • Review and develop alternate design methods during the design process and in coordination with the consultant team and the COUNTY. • Review and consideration of Design Alternatives will be made part of the Client review process, in presentation with the Advisory Committee and with Growth Management staff. Construction Documents (CDs; 90% and Final CD's) • This scope of services will only address Boardwalk elements of the project for the following: o 90% and Final plans for the Boardwalk • Construction Documents will be phased under the following design progression: o 90% CD plans and specifications o Final CD plans and specifications • Update final site plan, design, and CDs/specifications based on previous approved plans and acceptable Design Alternatives of the CRA. The CRA may choose to include Design Alternatives as part of the project through an add/deduct methodology during the bidding process. We expect that this update will include minor changes to the design and CDs/specifications. Mutually understood and agreed to substantial changes in scope and/or redesign requested by the COUNTY may require an amendment to the contract and fee. • Submit stormwater treatment design and narratives supporting regulatory permitting. • Coordination with consultant team and participating designers on design needs and other items on their CDs and facility planning. • Provide drawings for site development to include hardscape materials and selections, site details, lighting location plans, landscape and irrigation plans and the coordination of site civil and landscape architecture development. • Provide structural drawings of the boardwalk based on the approved DD Phase. Documents will include notes, framing plans and details. Page 10 of 18 0 Schedule A—Scope of Services Request for Professional Services (RPS) No. 21-7845 168 1 1 "Bayshore Drive Redevelopment Project" • Conduct one-time, one-day field survey to include additional information as requested by site-civil engineer to assist in the final design and CDs for the Project. • Generate complete CDs and technical specifications. Design Submittals and Review Sessions for all disciplines: o Prepare and submit 90% and 100% complete CD submittals. o Attend up to three (3) one-hour design and review sessions with the COUNTY and OR for each design development submittal (90% and 100%). o Submit copies of the 60% and final 100% CDs (two submittals) to dry utility providers (electric, phone, cable and gas) or other consultant team members to finalize their design and service planning, and coordinate with Utility Providers as necessary to facilitate construction. Lighting/Site Electric Plans, Details, and Schedules Lighting/Site Electric Boardwalk areas - including fixtures, conductors, conduit, controls, and electrical circuitry Include lighting/site electric for any Boardwalk artwork identified in the plans. Provide code required lighting, services and conduits that support security/camera services, landscape accent lighting locations, model selection, and manufacturer specifications, electrical engineering design and photometric calculations. Lighting standards will complement the BGTCRA brand. Lighting photometric and required permitting requirements will be performed by CONSULTANT's professional and licensed sub-consultant. The design parameters and layout will be provided by the Landscape Architect and members of the design team to assist in the sub-consultant's analysis and recommendations. The sub-consultant will prepare drawings and specifications to be utilized in support of the design and permitting process. Landscape Code Minimum Submittal 1. CONSULTANT will review with the GMD Pre-Application comments received on March 24, 2022 and prepare the necessary landscape code minimum drawings based on that review to make application to Collier County for SDP approval (this includes proposed landscape as may be required in Boardwalk including buffer plantings as applicable). The code minimum landscape plans will address plant specifications, details, and notes for the required plantings. Enhanced planting design and associated drawings are included in the Boardwalk Construction Document tasks where the Code Minimum Landscape can be identified separately by the County for satisfaction of the SDP permit and its certification. 2. Code level Irrigation plans will be schematic and intended for Collier County approval only. Full irrigation design is included for Boardwalk CD's above. 3. CONSULTANT will include an initial Code Landscape Submittal and RAI responses to obtain approval. (Refer to Exhibit A which identifies the Project Limits as they relate to the scope of services within this proposal) Page 11 of 18 Schedule A-Scope of Services C,�� Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" Task 3A — Construction Documents Deliverables (All Phases) 30% Plans 1. Prepare Boardwalk 30% technical design plans for environmental, engineering, site design and landscape architecture based on the concept plan and stormwater analysis. 2. Provide technical design alternatives for CRA consideration. 3. Provide Outline specifications at 30% CD's. 4. Prepare Rough Order of Magnitude Costs at 30% CD's. 60% Plans 1. Prepare Boardwalk 60% technical design plans for environmental, engineering, site lighting/electrical, site design and landscape architecture based on the developing CD's. 2. Prepare technical details and sections as required for all disciplines. 3. Provide technical design alternatives for CRA consideration. 4. Provide First Draft of Technical Specifications at 60% CD's. 5. Prepare Engineers Opinion of Cost at 60%. 90% and Final CD's 1. Prepare Boardwalk technical design plans for environmental, engineering, site lighting/electrical, site design and landscape architecture based on the developing CD's. 2. Prepare technical details and sections as required for all disciplines. 3. Provide technical design alternatives for CRA consideration. 4. Provide Technical Specifications. 5. Prepare Engineers Opinion of Cost. 6. Provide Minutes of Meetings with Permit Authorities Having Jurisdiction at all pre-application meetings. Task 3B — Environmental Services Permit Application and Support Services It is acknowledged that the project will require all necessary Federal, State, and Local permits. CONSULTANT will submit applications and support Federal, State and Local permits by submitting construction plans, calculations with supporting reports, and other materials required by the permitting agencies. Any meetings with the regulatory agencies during the permitting process will include meeting minutes of those meetings by CONSULTANT. Permits include: • SFWMD Environmental Resource Permit • Prepare SFWMD Applications • Assemble supporting documents and submit initial permit applications to SFWMD. SFWMD applications shall include, and be limited to, the following: o SFWMD Environmental Resource Permit (ERP) Individual permit (to address SWM within project boundary) Page 12 of 18 Schedule A—Scope of Services l:,i`� Request for Professional Services (RPS) No. 21-7845 1 66 4 "Bayshore Drive Redevelopment Project" o SFWMD ERP Permit Modification (to address improvements within rights-of-way) • Additional coordination and RAI responses. • Coordinate with SFWMD and the COUNTY as necessary to facilitate revisions to obtain permit approval. • SFWMD Water Use Permit (Irrigation), if required • Prepare SFWMD Applications • Assemble supporting documents and submit initial permit applications to SFWMD. • Additional coordination and RAI responses. • Coordinate with SFWMD and the COUNTY as necessary to facilitate revisions to obtain permit approval. • FDEP State 404 Permit (Formerly USACE 404) Please note, review by the Florida Fish and Wildlife Conservation Commission (FFWCC) and US Fish and Wildlife Service (USFWS) will be coordinated through the FDEP State 404 Permit application submittal, and all comments and responses from/to these agencies will be through FDEP. • Prepare FDEP Application. • Assemble supporting documents and submit initial permit applications to FDEP. Permit plans may be required to be documented within 8x11 drawing format. • Coordinate with FDEP and the County as necessary to facilitate revisions to obtain permit approval. • Collier County Site Development Plan (SDP) and Right-of-Way (ROW) • Assemble supporting documents and submit initial permit applications to Collier County application shall include, and be limited to, the following: • Collier County Site Development Plan (SDP). • Collier County Site Development Plan Insubstantial (SDPI) to address modifications to Sugden Regional Park. • Collier County Right-of-Way (ROW) to address any domestic potable water utility service and electric service connections within the Bayshore Drive ROW. • Assemble supporting documents and submit sufficiency responses for Collier County SDP application to obtain approvals. • Collaborate and assist other consultant team members in the preparation and submittal of the various initial and sufficiency responses to obtain approvals to facilitate construction of the Project. • Obtain Availability of Service approval letters from the applicable regulatory agencies and utility providers. • Finalize site, paving, grading, wastewater, code landscape and lighting Opinion of Probable Cost to determine application review and inspection fees. • City of Naples Site Utility Permit (Domestic Potable Water Only) • Assemble supporting documents and submit initial permit application to City of Naples. Page 13 of 18 0 Schedule A—Scope of Services 168 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" • Assemble supporting documents and submit sufficiency responses for City of Naples Site Utility and Water Meter permit application to obtain approvals. • Finalize potable water and fire Opinion of Probable Cost to determine application review and inspection fees. It is assumed the Greater Nap/es Fire Department will not require water main extensions to support any on-site fire protection mains or appurtenances for this Project; and based on this assumption, a fire system design will not be required for this Project. • CONSULTANT will provide approved SDP permit drawings to Collier County CRA or the selected contractors for their use in securing the building permits and/or approvals to facilitate construction, including: • Other applicable permits through the building or health departments for structures, such as bridges, boardwalks, fountains, site/retaining walls, fences, project/way finding signage, etc. • Site Fence Permits. • Site Electrical Permits. As noted above, it is assumed the Greater Nap/es Fire Department will not require any on- site fire protection mains or appurtenances for this Project; and based on this assumption, a separate fire line and system permit will not be required. The environmental consultant will work with the Team to compile information collected and produced under the previous tasks into complete permitting documents. It is anticipated by the environmental consultant that their assistance will be required for an ERP permit through the SFWMD, a 404 permit from the FDEP with coordination from FWC and FWS, and with the SDP permit through Collier County. The Environmental subconsultant will attend required pre-application meetings with the various regulatory agencies, including preparation, minutes and review and permit strategy sessions with the owner. Building design will be compliant with the current, applicable Codes and Standards: • Collier County Vertical Standards • Collier County IT Construction Standards • Collier County Utility Standards • Florida Building code including FBC Plumbing, and National Electrical Code NEC • ADA - Americans with Disabilities Act Architectural, Engineering and Landscape Plans will be in accordance with Collier County regulatory requirements, see links below: I Land Development Code I Collier County, FL I Municode Library CHAPTER 4 SITE DESIGN AND DEVELOPMENT STANDARDS I Land Development Code I Collier County, FL I Municode Library Page 14 of 18 0 Schedule A—Scope of Services 168 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" Bayshore Gateway Triangle Overlay design standards, see link below: http://colliercounty.elaws.us/code/Idc ch4 4.02.00 sec4.02.16 The COUNTY will be responsible for payment of all fees and permits relative to the proposed project and these fees are not part of the fee schedule. The CONSULTANT or their sub-consultants cannot guarantee the issuance of governmental and/or regulatory agency permits or approvals. Task 3B — Environmental Services/Permitting/Lighting Deliverables 1. Prepare pre-application requests and meeting minutes with Authorities Having Jurisdiction. 2. Prepare Permits for: • Prepare SFWMD Environmental Resource Permit. • Prepare SFWMD Environmental Resource Minor Permit (for Sugden Regional Park) • Prepare SFWMD Water Use Permit for Irrigation, if required. • Prepare FDEP State 404 Permit. • Prepare Collier County Site Development Plan (SDP), Site Development Plan Insubstantial (SDPI), and Right-of-Way permit (ROW). • Request Availability of Service Approval Letters from the applicable agencies and utility providers. • Prepare Permit Application for City of Naples Site Utility Permit for Water. • Final Site Lighting plans/permit application. Task 4 — Bidding Services Bidding Services The CONSULTANT will provide bidding support to the COUNTY that allows the County to advertise and collect bids for the Boardwalk work. Bid documents, contracts, advertisement, etc., will be provided and produced by the County in alignment with their procurement practices including CONSULTANT's Boardwalk documents as an integral part of the County advertisement and basis for bids. Task 4 - Bidding Deliverables: 1. Provide completed engineering, environmental and landscape plan and specification bid documents including approved permits in appendixes. 2. Prepare Base Bid and Alternate Bid Schedule. 3. Provide clarifications and addenda, including clarifications of the drawings and specifications during the bidding process, as required. 4. Attend Pre-bid Meeting (if required by bid notification). 5. Respond to Q&A within 3 days. 6. Prepare Addenda. 7. Review Bids and Alternates and make Recommendation for Award. Page 15 of 18 () Schedule A—Scope of Services Cl & 48 1 I Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" Task 5 — Post Design Services Post Design Services The CONSULTANT's Post Design services to include permit compliance review as needed, shop drawing review, contractors' requests for information (RFI's), review and approve pay applications, project permitting closeout reviews and as built documents, record drawings in CAD and PDF format, and all final certifications. The scope and fee of this proposal assumes a construction period of up to sixteen (16) months. • Construction Administration: o Attend up to three (3) pre-construction/kick-off meetings with regulatory agencies, owner, consultant team and contractors. Some attendance may be virtual including structural attendance. o Civil or LA Attend up to two meetings a month (bi-weekly) Owner/Architect and Contractor (OAC) construction meetings. o Pre-construction wildlife surveys. o Attend meetings or conference calls with the COUNTY, OR consultant team and contractor(s) to discuss construction progress and to address any site related issues that may arise. o Coordinate and respond to Requests for Information (RFIs). • General Conformance: o Review shop drawings for conformance with design concepts provided within the CONSULTANT plans and technical specifications. o Conduct periodic site visits on a minimum bi-weekly basis to observe progress of on- going construction and verify improvements are constructed in general accordance with the construction plans and technical specifications. Site visits will be discipline based given the work under review. o Conduct periodic site visits on a minimum bi-weekly basis to monitor wetland protection features during construction. Observe and review test results for preparation of the required site-civil engineer's certifications, as required. o Preserve area baseline and time-zero monitoring services, if required. o Eagle nest monitoring services, if required. • Certifications and Substantial Compliance Services: o Coordinate and conduct preliminary and final site visits with regulatory agencies, the COUNTY, and contractors. o Prepare punch lists identifying corrective actions required. o Prepare record drawings based on certified record survey (as-built) information provided by the County's selected contractor's surveyor. o Prepare, submit, and support code landscape certification of substantial compliance (including supporting documents) to the Collier County. Page 16 of 18 Schedule A—Scope of Services 0.0 68 1 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" o Prepare, submit, and support engineering certifications of substantial compliance (including supporting documents) to Collier County, the City of Naples, SFWMD, and FDEP, as required. o Note: The CONSULTANT shall be responsible for all engineering and code landscape related certification with Collier County and City of Naples utility conveyance or site acceptance checklist items. All other checklist items, such as legal and contractor documents shall be prepared by the COUNTY, the COUNTY's selected attorney, or the County's selected contractor, if required. • Contractor Support Services: o As required, the COUNTY's contractor is responsible in applying, submitting, and obtaining the appropriate building permit applications. The scope of SThe CONSULTANT's work includes providing copies of the stamped approved drawings and land development permits to the Building Permit Department for review and providing minor plan updates for the building permits in response to Building Permit Department comments. Code modifications or requirements that have been adopted post design may require an additional service fee request from the CONSULTANT to the the COUNTY. Please note, the general or site contractor is responsible for submitting NPDES NOI and NOT Permits, and for providing, implementing, and maintaining a Storm Water Pollution Prevention Plan (SWPPP) on-site for the duration of construction. Task 5 — Post Design Deliverables 1. Attend up to three (3) pre-construction/kick-off meetings with regulatory agencies, owner, consultant team and contractors. 2. Civil or LA to attend up to two meetings per month for Owner/Architect and Contractor (OAC) construction meetings. 3. Provide Pre-construction wildlife surveys. 4. Coordinate and respond to Requests for Information (RFIs). 5. Review shop drawings for conformance with design concepts provided within the CONSULTANT plans and technical specifications. 6. Conduct periodic site visits to observe progress of on-going construction and verify improvements are constructed in general accordance with the construction plans and technical specifications. Weekly site visits will be discipline based given the work under review; align periodic site visits to monitor wetland protection features. 7. Observe and review test results for preparation of the required civil engineer's certifications, as required. 8. Coordinate and conduct preliminary and final site visits with regulatory agencies, the COUNTY, and contractors, 9. Prepare punch lists identifying corrective actions required. io. Prepare record drawings based on certified record survey (as-built) information provided by the selected contractor's surveyor. 11. Prepare, submit, and support certifications of substantial compliance (including supporting documents) to the Collier County, City of Naples, SFWMD, and FDEP. Page 17 of 18 o Schedule A—Scope of Services GQ` ! 68 Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" SCHEDULE Commencement Date: CONSULTANT is prepared to start and begin its work within ten (10) business days following a Notice to Proceed. CONSULTANT will coordinate with the COUNTY and provide the proposed scheduling of all milestone submittals, programming meetings, field visits, etc. Reimbursable expenses: will be billed as an "as-incurred" cost. Project specific charges such as: project specific printing of deliverables; consumables; usage charges for specialized field equipment. Other project specific expenses will be invoiced as-incurred per the appropriate reimbursable task and are deemed necessary and reasonable under Schedule B, #6 - Reimbursable Expenses. Professional fees and reimbursable costs will be billed timely on a monthly basis. Attachments: Exhibit A - Project Limits Map Page 18 of 18 Schedule A-Scope of Services G� 118 i LUNAR ST. ,:`•M f3, PROJECT LIMITS PARCEL NO PARCEL NO. . ," .PARCEL NO. Al:, *461840960006 61840960103 '6184084000:: 1 72ACRLi. 19.40 -ACRES `"1:4 w ; a < T. / / / / / / / / / r 5, G�'xk',.'.,,. / EXCLUDED ; a 6„ PARCEL NO // '..[" O G1840840100 i ,, CRES 0 O 51 ACRES , ro f 4,,4 �? PARCEL NO 14 iRESph4 + 34016800054 " rr t JEEPERS DR. 1 II. ti t F d 'a 4 '+ �g * The Contractor shall verify and be responsible for all dimensions.DO NOT scale the drawing-any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec.Reproduction or use for any purpose other than that authorized by Stantec is forbidden. /� 3510 Kraft Road,Suite 200 RPS No.: 21-7845 4 �) Sac Naples,FL 34105 USA Scale: N/A \�:� www.stantec.com +1.239.649.4040 EXHIBIT A Date: APRIL 8,2022 BAYSHORE DR. REDEVELOPMENT PROJECT PROJECT LIMITS PIN: PROPOSAL y,..iti' Naples,Florida Project Manager: Kevin Mangan 168 1 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 1A Concept Plan Preliminary Design $38,001.00 $ 1 B Environmental Services $2,587.20 $ $ $ 2 Stormwater Analysis / Investigative Services $40,208.00 $ 2A Pre-Design Survey $24,672.00 $ 2B Geotechnical Analysis Services $22,138.20 $ 2C Environmental Services $14,588.70 $ $ $ 3A Boardwalk Construction Plans / Permitting $106,872.00 $ 3B Environmental Services $16,690.80 $ 3B Lighting Plans and Details $12,266.10 $ $ $ 4 Bidding Services $ $5,198.00 Environmental Services $ $491.40 Lighting Plans and Details $ $942.90 $ $ 5 Post Design Services $ $44,466.00 Environmental Services $ $10,577.70 Lighting Plans and Details $ $2,232.30 Page 18 of 30 PP PSA_CCNA Single Project Agreement[2022_verkt 168 1 $ $ 6 Reimburseables $ $3,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ 278 024.00 n E ` Total Time and Materials Fee $66,908.30 GRAND TOTAL FEE $344,932.30 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. CJQ�� Page 19 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] 160 1 B.2.3. t■* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. 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: 0 Page 20 of 30 C ' PSA_CCNA Single Project Agreement[2022_ver.1] 168 1 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] 0 (1)P 168 1 SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $238 Senior Project Manager / Production Director $201 Sr. Engineer, Sr. Landscape Architect, Sr. Architect or Sr. Scientist $175 Project Manager $165 Senior Planner $164 Senior Environmental Scientist, Geologist $156 Survey Crew- 2 Man $152 Senior GIS Specialist $149 Surveyor and Mapper $142 Environmental Specialist $138 Engineer, Planner $136 Senior Designer $128 Senior Inspector $117 Designer $109 Senior CADD Technician $102 CADD Technician $95 Clerical/Administration $73 Note: The above titles and hourly rates will apply to Consultant and all Sub-Consultant, including Geotechnical, Environmental and Lighting Sub-Consultants 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 PP PSA_CCNA Single Project Agreement[2022_vertl 160 1 SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days Task/Item For Completion of Task Description from Date of Notice to Proceed 1* Concept Plan Preliminary Design 65 days 2* Stormwater Analysis/Investigative Services 110 days 2A* Pre-Design Survey 75 days 2B* Geotechnical Analysis Services 145 days 2C* Environmental Services 145 days 3 Boardwalk Construction Plans/Permitting 255 days 4 Bidding Services 340 days 5 Post Design Services(To be based on the Construction Contract TBD *Tasks 1 and 2 are generally concurrent tasks Page 23 of 30 P,C1 PSA_CCNA Single Project Agreement[2022_ver.I J-, 16B 1 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 I�ll PSA_CCNA Single Project Agreement[2022G€r'• t 16 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 ( ❑■ ) 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. ❑ , $ Per Claim/Occurrence. ❑ the work. Coverage shall have minimum limits of$ Pcr Claim/Occurrcncc. 13. ❑■ 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. C�0 Page 25 of 30 PSA_CCNA Single Project Agreement[2022_ver.II 168 1 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. 45- ❑ Watercraft Liability. Coverage be carried by the CONSULTANT or the SUBCONSULTANT in limits of not loss than the Commercial General Liability limit shown in 46 ❑ Aircraft Liability. Coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not Ic:e than $5, completion of the Services under this Agreement. 17. BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of$ 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. - ❑ minimum limits of$ Per Occurrence. n CYBER INSURANCE. Coverage shall have minimum limits of$ Ref Oeeurrenee- 20 ❑ 11MBRE 1 A 1 IAD11 ITV A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT Automobile Liability coverages required herein and shall include all co,,,erages on a "following form" basis-: 21. ❑■ PROFESSIONAL LIABILITY INSURANCE. A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of�`.� Page 26 of 30 C. PSA_CCNA Single Project Agreement[2022_ver.1] 168 1 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 DJ Page 27 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] C� 16B 1 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Stantec Consulting Services, 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 " Request for Professional Services (RPS) No. 21-7845 "Bayshore Drive Redevelopment Project" "project" is accurate, complete and current as of the time of contracting. BY: Chri . rockmeier PE TITLE: Senior Principal DATE: HA, (Z, 2D ZZ Page 28 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] GR`� I 6 8 1 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Chris Brockmeier Project Principal 5% Kevin Mangan Sr. Project Manager- LA 20% Ray Piacente Sr. Project Manager- Civil 10% Patrick Noll Engineer 40% Fran DeMarco Sr. Landscape Architect 40% Lance Miller Survey 10% Jim Ordija Sr. Project Manager- Structural 10% Jared Beck Senior Planner 15% Tim Hall Sr. Environmental Scientist Sub-Consultant 25% John Sokolik Sr. Project Manager- Lighthing Sub-Consultant 5% Robert McGinnis Sr. Geologist - Geotechnical Sub-Consultant 10% Page 29 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] �t 168 1 SCHEDULE G Other: (Description) ❑ following this page (pages through ) 0 this schedule is not applicable Page 30 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 0 t 68 1 AcoR ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) I`.----- 5/1/2023 04/22/2022 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 p CONTACT Lockton Companies 444 W.47th Street,Suite 900 PHONE FAX No.Exit' (WC.No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Berkshire Hathaway Specially Insurance Company 22276 INSURED STANTEC CONSULTING SERVICES INC. INSURER B: Travelers Properly Casualty Co of America 25674 1 41 5077 370 INTERLOCKEN BOULEVARD,SUITE 300 INSURER C: BROOMFIELD CO 80021-8012 INSURER D: _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 18187321 REVISION NUMBER: XXXXXXX 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 47-GLO-307584-04 05/01/2022 05/01/2023 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR DAMAGE RENTED PREMISES O(Ea occurrence) $ 1,000,000 X CONTRACTUAL/CROSS MED EXP(Any one person) $ 25,000 X XCU COVERED Y Y PERSONAL 8ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $4,000,000 POLICY X PECOT- X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-8E086819(AOS) 05/01/2022 05/01/2023{EO aBCItleDISINGLE LIMIT $ 1,000,000 B X ANY AUTO TJ-BAP-8E086820 05/01/2022 05/01/2023 BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED N N BODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX - AUTOS ONLY -AUTOS ONLY {Per accident) $ XXXXXXX A X UMBRELLA LIAB X OCCUR 47-UMO-307585-04 05/01/2022 05/01/2023 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE N N AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION x PEATUTE ER B AND EMPLOYERS'LIABILITY YIN UB-3P635310 AOS) 05/01/2022 05/01/2023 B ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A y UB-3P533004(MA,WI) 05/01/2022 05/01/202'1E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? EXCEPT FOR OH ND WA WY (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 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CLIENT PROJECT#:21-7845.PROJECT NAME:BAYSHORE DRIVE REDEVELOPMENT PROJECT.COLLIER COUNTY IS ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY AND WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 18187321 AUTHORIZED REPRESENTATIVE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E NAPLES FL 34112 "del xi 71-7,frre/C ACORD 25(2016/03) ©1988-2015 CORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD 168 1 Attachment Code : D564542 Certificate ID : 18187321 STANTEC CONSULTING SERVICES INC..; 1415077 LOO(TON 18187321 COLLIER COUNTY BOARD OF 3295 TAMIAMI TRAIL E, NAPLES, FL 34112 Dear Valued Client: In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via the email below and reference Certificate ID: 18187321. You must reference this Certificate ID number in order for us to complete this process. Certificate ID: 18187321 Email: Icctsu@lockton.com Subject Line: TSU E-Delivery Signing up for this will NOT sign you up for any solicitation emails -your email will only be used to forward updated or renewal certificates direct from Lockton. The email you receive will look like this: C . LOCKTON 1'1(nr vW((me In at<Ha ft-!raga to,!I V!Jol,J 4,!,,(EC,MO I ru-.!h r.l,Orati,,&I(0(14 If you received this letter with a certificate via email, no action is required on your part. If you no longer need this certificate, please contact us at the email address above, reference the Holder ID number and use this subject line: "Certificate Removal" NOTE: Please do NOT send certificate requests or other insurance inquiries to the email inbox above. Thank you for your cooperation. Lockton Companies Technical Services Unit Email/Mailing Update-Liability Certificates 168 1 Attachment Code : D522252 Certificate ID : 18187321 Notification to Others of Cancellation Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. 47-GLO-307584-04 05/01/2022 05/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/Organization(s): Number of Days Notice: Those persons and organizations as stated in a certificate of 30 Insurance, on file with the insurer, as of the date of Cancellation . All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 168 1 POLICY NUMBER:TC2J-CAP-8E086819 (AOS); TJ-BAP-8E086820; [ICAUPOL3I] ILT4001209 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION NUMBER OF DAYS NOTICE OF CANCELLATION: 30 NONRENEWAL NUMBER OF DAYS NOTICE OF NONRENEWAL: 30 PERSON OR ORGANIZATION:Where Required By Written Contract ADDRESS: PROVISIONS: A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above before the expiration date. IL T4 00 12 09 Attachment Code : D522107 Certificate ID : 18187321 168 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 (00) POLICY NUMBER: UB-3P635310 (AOS); UB-3P533004 (MA, WI) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX - CONDITIONS: Notice of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, delivery or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: WHERE REQUIRED BY WRITTEN CONTRACT. Number of Days Notice: 30 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Attachment Code : D522110 Certificate ID : 18187321 166 1 A CORD DATE(MM/DD/YYYY) � CERTIFICATE OF LIABILITY INSURANCE l0/I/AM 1/18/2022 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 Locklonn Companies N MEACT 444 W.47111 Street,Suite 900 PHONE FAX Kansas City MO 64 1 1 2-1 906 EMAIL .Elm ---_-_ — (! .NoJ. --- (816)960-9000 ADDRESS ___ INSURER(SI AFFORDING COVERAGE NAIC I INSURER A Herkshirc I IaIhawa) Specials) Insurance Company 22276 INSURED STANTEC CONSULTING SERVICES INC. INSURERS MG Specialty Insurance Company 26883 1414100 370 INTERLOCKEN BOULEVARD,SUITE 300 INSURER C BROOMFIELD CO 80021-8012 INSURER D• INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 18187329 REVISION NUMBER: XXXXXXX 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 L R IINNSD WVD POLICY NUMBER POLICYL SUBR EFF POLICY EXP LIMITS T TYPE OF INSURANCE { OY1'EFF (POLICY YYYT EXP COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX CLAIMS-MADE OCCUR DAAMAGE TO RENTED PREMISES(En ncedrr_nce) $ XXXXXXX MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY X FEt° X LOC PRODUCTS-COMP/OPAGG $ XXXXXXX OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accideni) XXXXXXX 7 1 ANY AUTO BODILY INJURY(Per person) $ XXXXXXX —I OWNED LY SCHEDULED BODILY INJURY(Per accidenl) $ XXXXXXX —.I AUTOS ONLY AUUTOS ONLY i e0�PROPERTY r,AMAGE $ XXXXXXX $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB I—i CLAIMS-MADE AGGREGATE $ XXXXXXX Y ) 1 1 DEO ! RETENTIONS $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PR OTN- AND EMPLOYERS'LIABILITY S'+ATU f E J ER • YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? I I N/A • (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX A Professional L.iab N N 47-EPP-308810 10/I/202I 10/1/2022 $3,000,000 PER CLAIM/AGG A NO RETROACTIVE DATE INCLUSIVE OF COSTS B Contractors Pollution Liab CP08085428 10/1/2021 10/1/2023 S3,000,000 PER LOSS/AGG DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CLIENT PROJECT#:21-7845.PROJECT NAME:BAYSHORE DRIVE REDEVELOPMENT PROJECT. CERTIFICATE HOLDER CANCELLATION See Attachment 18187329 COLLIER COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COUNTY COMMISSIONERSTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 TAMIAMI TRAIL E ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES FL 34112 AUTHORIZED REPRESENTA ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 168 I Attachment Code:D522052 Certificate ID: 18187329 Policy No: 47-EPP-308810 , NO RETROACTIVE DATE Named Insured: See Attached Certificate PROFESSIONAL LIABILITY NOTICE OF CANCELLATION FOR THIRD PARTIES This contract is amended as follows: In consideration of the premium charged, it is hereby understood and agreed as follows: (1) Underwriters authorize [Lockton Companies/BFI, Canada] the ("Certificate Issuer") to issue Certificates of Insurance at the request or direction of the Insured. It is expressly understood and agreed that, subject to Paragraph (2) below, any Certificate of Insurance so issued shall not confer any rights upon the Certificate Holder, create any obligation on the part of the Underwriters, or purport to, or be construed to, alter, extend, modify, amend, or otherwise change the terms or conditions of this Policy in any manner whatsoever. In the case of any conflict between the description of the terms and conditions of this Policy contained in any Certificate of Insurance on the one hand, and the terms and conditions of this Policy as set forth herein on the other, the terms and conditions of this Policy as set forth herein shall control. (2) Notwithstanding Paragraph (1) above, such Certificates of Insurance as are authorized under this endorsement may provide that in the event the Underwriters cancel or non-renew this Policy or in the event of a Material Change to this Policy, Underwriters shall mail written notice of such cancellation, non-renewal, or Material Change to such Certificate Holder 30 days prior to the effective date of cancellation, non-renewal, or a Material Change, but 10 days prior to the effective date of cancellation in the event the Assured has failed to pay a premium when due. The Insured shall provide written notice to the Underwriters of all such Certificate Holders, if any, specified in each Certificate of Insurance (i) at inception of this Policy, (ii) 90 days prior to expiration of this Policy, or (iii) within 10 days of receipt of a written request from Underwriters. Underwriters' obligation to mail notice of cancellation, non-renewal, or a Material Change as provided in this paragraph shall apply solely to those Certificate Holders with respect to whom the Assured has provided the foregoing written notice to the Underwriters. (3) It is further understood and agreed that Underwriters' authorization of the Certificate Issuer under this endorsement is limited solely to the issuance of Certificates of Insurance and does not authorize, empower, or appoint the Certificate Issuer to act as an agent for the Underwriters or bind the Underwriters for any other purpose. The Certificate Issuer shall be solely responsible for any errors or omissions in connection with the issuance of any Certificate of Insurance pursuant to this endorsement. (4) As used in this endorsement: (1) Certificate of Insurance means a document issued for informational purposes only as evidence of the existence and terms of this Policy in order to satisfy a contractual obligation of the Assured. (2) Material Change means an endorsement to or amendment of this Policy after issuance of this Policy by the Underwriters that restricts the coverage afforded to the Assured. All other terms and conditions remain unchanged.