The URL can be used to link to this page

Backup Documents 07/12/2022 Item #11O ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I 1 0 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 i j 2. County Attorney Office County Attorney Office /V • KT T 49'1* 4. BCC Office Board of County Commissioners 4./.„4. Minutes and Records Clerk of Court's Officeitc440,44:74#2.7_ 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/PROCUREMENT Contact Information 239-252-8407 Contact/ Department Agenda Date Item was JULY 12TH, 2022 Agenda Item Number 11.0. Approved by the BCC (i6,C.3) Type of Document FIRST AMENDMENT/CHANGE Number of Original 1 Attached ORDER Documents Attached PO number or account N/A 18-7279 Q. GRADY number if document is BIG MINOR & to be recorded CORKSCREW ASSOCIATES, ISLAND P.A. REGIONAL PARK PHASE II INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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! 8. The document was approved by the BCC on 07/12/2022 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County ort an ootion for Attorney's Office has reviewed the changes,if applicable. ff�� RECEIVED 9. Initials of attorney verifying that the attached document is the version approved by the t BCC, all changes directed by the BCC have been made, and the document is ready for the 1or Chairman's signature. this line. Risk Management lip MEMORANDUM Date: August 1, 2022 To: Patrick O'Quinn, Procurement From: Mende Ragan Minutes & Records Department Re: Item #110 First Amendment/Change Order Big Corkscrew Island Regional Park Phase II Please find the attached for your records. The Minutes and Record's Department has kept the original of the agreement as part of the Board's Official Record. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 110 Melinda S. Ragan From: Melinda S. Ragan Sent: Thursday, July 14, 2022 1:42 PM To: 'Patrick.OQuinn@colliercountyfl.gov' Subject: Item 110 18-7279 Attachments: Item 11.0. First Amendment Change Order for Big Corkscrew Island Regional Prk PHase II.pdf Please find the attached document for your record. Thank You! Mende Ragan BMR&VAB Deputy Clerk ``v_cot couRT Office: 239-252-8411 �`'?G, Fax: 239-252-8408 Melinda.Ragan@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3399 Tamiami Trail E,Suite#401 -kcotNrI, Naples, FL 34112 www.CollierClerk.com 1 FIRST AMENDMENT TO AGREEMENT 1 1 0 #18-7279 FOR BIG CORKSCREW ISLAND REGIONAL PARK PHASE II THIS AMENDMENT, made and entered into on this 11:141 day of Tti r 2022, by and between Q. Grady Minor & Associates, P.A (the "Consultant") and Co1litr County, a political subdivision of the State of Florida, (the "County" or"Owner") (collectively, the "Parties"): WHEREAS, on September 25, 2018, Item 16.D.12, the County entered into an Agreement with Consultant (the "Agreement") to procure professional engineering services for the design and construction of the "Big Corkscrew Island Regional Park Phase II;" and WHEREAS, the Parties desire to amend the Agreement to add design services for the Gymnasium in accordance with Section IX of Exhibit A of the Agreement and add the associated fees for those services, including design options to provide for potential hardening of the structure as a hurricane shelter; and WHEREAS, the Parties propose to further amend the Agreement to allow for Time and Material Fees in Article Five of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Words Struck Through are deleted; Words Underlined are added 1. Parties agree to include and incorporate attached Exhibits A-1, and B-1 as part of the duties and obligations in in performing under this Agreement. 2. Allow for Time and Material Fees to be charged through this Agreement. 3. All other terms and conditions of the Agreement, unless modified through this First Amendment, shall remain the same. **Remainder of this page left blank intentionally** [22-PRC-04923/1727021''1] Page 1 of 2 (� G�' . 110 w'" IN WITNESS WHEREOF,the Parties hereto, have each, respectively, by an authorized person or agent, have executed this First Amendment on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Circuit Court BOARD OF Ceel II MISSIONERS and Comp .oller COLL ERR7 F ORIDA op" By: 6 00, By: '' v.-.` Air Will n L. McDanie Jr., Chair Dated: " Z�-Z— (SEAL) Chairman's Signature only. Contractor's Witnesses: CONTRA/TOR: r Q. Grady inor&Associates,P.A. ,) .,( ,,,,r First Witness By: l Si. ature CA-io l " • „: f ,, Ma W. Minor, P.E.dTTy._ 'tint witne.s nameT fry e/rims t e : id titleT 4.j Se r . itness COVeil2022 c)��(.Q.CILA-r Z.. Date TType/print witness nameT Appr d 1,t orm and egality: &K)/ \,. '444/ ' Assistant County Attorney �BngLQT ►`fio rv►gS\co Print Name ,,,k '0 .)„, - \, v- Page 2 of 2 ## /4) [22-PRC-04923/1727021/1] g 1)"'� 110 SCHEDULE A-1 SCOPE OF SERVICES Athletic Facility(Gymnasium Design) Below is a list of service tasks provided as part of this First Amendment. Services 1-10 will be provided by our sub-consultant Victor Latavish,AIA,who is currently Architect of Record for the other buildings in Phases 1 and 2. GradyMinor will manage the architect and perform services 11 and 12. 1.Approximately 21,000 sf to 23,000 sf enclosed area a. One-story Structure b. Assembly Occupancy 2. Interior features similar to North Naples Regional Park facility a. Lobby with Vestibule and automatic entrance doors b. Gymnasium with wood floor,folding bleachers,basketball courts c. Fitness Center with resilient flooring,mirrors, sanitation station d. Lockers, Showers, Restrooms, Custodian e. Multipurpose Meeting Room £ Office(s) g. Storage Room(s) h. IT Equipment Room i. Mechanical and Electrical Equipment Room 3. Code Compliance and Life Safety Systems a. ADA, FBC,and NFPA 101 Life Safety Code mandated features b. NFPA 72 Fire Alarm system c.NFPA 13 fully automatic Fire Sprinkler system d.NFPA 10 Fire Extinguishers e.NFPA 101 Emergency lighting 4. Technology Systems a. Building Automation System i. BACnet HVAC Controls ii. BACnet Lighting Controls b. Access Control System c. Data connectivity throughout d. Surveillance cameras e.Additional WIFI and electric outlets, spacing TBD f. TV and teleconference connections g. Other similar IT features determined during Programming 5. General Construction including but not limited to the following: a. Earthwork, fill,compaction,soil treatment,vapor barrier b. Reinforced concrete and masonry c. Structural steel and misc steel fabrications d. Casework,countertops,misc wood framing and blocking e. Insulation,roofing,sealants,fire-stopping, smoke control f. Impact rated doors, frames,hardware,windows, louvers Page 1 of 7 0 ' 110 g. Light gauge metal framing,gypsum board,paint,cement board, ceramic tile,floor finishes, base,ceiling systems,cement plaster h. Exterior signs, interior room and wayfinding signs,toilet and shower accessories,plaques, markerboards,tackboards,bulletin boards. i. Athletic equipment including basketball court striping,back boards,nets,wall padding and other similar features. j. Plumbing including lavatories, sinks,water closets, showers,mop sink, wall hydrants,hose bibbs,water coolers,dispensers. k. HVAC including equipment, ductwork,and controls 1. Electrical including switchgear, lug connection for temporary standby generator,convenience outlets,interior LED lighting,exterior building mounted LED lighting. m. Surge protection,bonding,and lightning protection. n. Building automation systems for lighting,HVAC,and door access o. Other work required for permits and code compliance 6.Design Options: a. Facility hardened to withstand 225 mph ultimate wind velocity i. Components,cladding,fenestration, opening protection ii. Roof system and deck iii. Structural upgrades for walls, columns, roof framing b. Upgrade to Hurricane Shelter i. Essential facility designation ii. Assembly occupancy SCOPE OF A/E SERVICES 1. Predesign and Programming Services a. Predesign meetings with County staff(3). b. Design Program i. Tabulation of proposed approximate building areas ii.Anticipated fitness equipment iii. Anticipated occupant loads iv. Specific County requirements to be included in the design. 1. County Vertical Standards 2. County Information Technology Standards Deliverable: Design Program 2. Preliminary Design (30%) a. Coordination with Site Plan b. Preliminary Floor Plan c. Preliminary Roof Plan d. Preliminary Elevations e. Preliminary Finish Schedule f. Progress Meetings with County staff(3) g. SDP Pre-application Meeting (1) h. Preliminary opinion of probable construction cost(OPC) Deliverable: 30%submittal 3. Design Development Plans (60%) a. Incorporate 1-set of client 30%review comments into documents Page 2of7 CT 110 b. Further development of Plans and Elevations c. Progress meetings with County staff(4) d. Occupant and egress calculations e. Plumbing fixture calculations f. Design Development Life Safety Plan g. Design Development Building Sections h. Design Development Wall Sections i. Design Development HVAC Plan j. Design Development Plumbing Plan k. Coordination with Civil Engineering and landscape design 1. Coordination with anticipated Structural and MEP systems. m. SDP Alternate Architectural Review Submittal i. Exterior color selections ii. Color rendering n. Design Development OPC Deliverable: 60°/0 submittal 4. Contract Documents(90%) a. Progress Meetings with County Staff(4) b. Incorporate 1-set of client 60%review comments into documents c.Architectural Design i. Building and Fire Code Data ii.Life Safety Plan iii. Floor Plan iv. Ceiling Plan v. Roof Plan vi. Exterior Elevations vii. Finish Schedule viii. Door,Window,and Louver Schedules ix. Accessory Schedule x. Detailed Restroom,Locker,and Shower Plans xi. Building Sections xii.Wall Sections xiii. Door,Window,and Louver Details xiv. Floor,Wall,and Ceiling Finish Details xv. Accessibility Details xvi. Interior Elevations xvii. Casework Elevations and Sections xviii. Shower Details xix. General Provisions xx.Architectural Specifications draft d. Structural Engineering i. Structural Notes ii.Wind Pressure Data and Diagram iii. Foundation Plan iv. Roof Framing Plan v. Foundation, Column, and Beam Schedules vi. Structural Sections vii. Structural Details viii. Structural Specifications draft e. Plumbing Engineering Page 3 of 7 G�0 11Q i. Plumbing Notes and Fixture Schedules ii. Plumbing Plan iii. Sanitary Riser Diagram iv. Domestic Water Riser Diagram v. Plumbing Details vi. Plumbing Specifications draft f. HVAC Engineering i. HVAC Notes and Equipment Schedules ii. Energy Calculations iii. HVAC Plan iv. HVAC Details v. HVAC Controls Sequence of Operation vi. HVAC Specifications draft g. Fire Protection Engineering i. Partial Site Plan with Point of Connection and Riser ii. Fire Protection Plan with head layout iii. Fire Protection 61.G.15 Documents iv. Fire Riser Diagram v. Fire Protection Specifications draft h. Electrical Engineering i. Electrical Notes and Details ii. Load Calculations iii. Panel Schedules iv. Electrical Riser Diagram v. Electrical Plan vi. Lighting Plan vii. Light Fixture Schedule viii. Electrical Specifications i. Fire Alarm 61.G.15 Documents i. Fire Alarm Plan with FA appliances and devices ii. Fire Alarm Riser Diagram iii. Fire Alarm Specifications draft j. Technology Plan i. Technology Site Plan ii.Technology Plan with device locations 1. Equipment Rack 2. Data and Communications 3.Wireless Access Points 4. Surveillance Cameras 5. Code Blue and Duress Alarms 6. Door Access Controls 7. Door Contacts iii. Technology General Provisions Specification draft k. Update Opinion of Probable Construction Cost Deliverable: 90%Submittal 5. Construction Documents a. Incorporate 1-set of client 90%review comments into documents b. Progress Meeting with Owner(1) c. Prepare final Specifications Page 4 of 7 110 i. Architectural Specifications ii.Alternate Bid Schedule, if applicable iii, Civil, Structural, FP, FA,and MEP Engineering Specifications iv. Technology and BAS System Specifications v. Color and Material Schedule vi. External Appendices 1. Geotechnical Report 2. Florida Product Approvals and NOA documents 3. Structural Threshold Inspection Plan 4. Collier County Vertical Standards 5. Collier County IT Standards d. Incorporate 1-set of client 100%review comments into specs Deliverable: 100%Design Documents 6. Building Permit Phase Services a. Prepare and Submit Electronic Building Permit Application b. Prepare and Submit Affidavits and Deferred Submittal documents c.Architects Sealed Permit Documents d. PE Sealed Structural Engineering Documents e. PE Sealed HVAC Engineering Documents f. PE Sealed Energy Calculations g. PE Sealed Plumbing Engineering Documents h. PE Sealed Electrical Engineering Documents i. Threshold Inspectors license and contract j. Threshold Inspection Plan k. Respond to reviewer comments Deliverable: Permitted plans 7. Bid Phase Services a. Issue plans and specifications to Procurement Department b. Prepare recommended Bid Schedule c.Attend Prebid Meeting (1) d. RFI responses on weekly basis (4) e. Prepare or review addenda f. Issue letter to GMD to release permit to Contractor 8. Construction Administration Services (est 8 months) a. General Construction Administration i. Review Contractors Schedule of Values ii. Review Construction CPM Schedule iii. Shop drawing pre-submittal meetings (2) iv. Shop drawing reviews ,up to 2 reviews per trade. v. RFI replies,weekly vi. ASI instructions vii. Review Contractors Payment Certificates, monthly viii. Certificate of Substantial Completion b. Construction Phase Progress Meetings i. Attend preconstruction meeting(1) ii. Attend progress meetings,bi-weekly(16) c. Closeout Phase Services Page 5 of 7 110 i. Attend punchlist meeting onsite (1) ii.Attend Substantial Completion Meeting onsite (1) iii. Attend Final Completion Meeting onsite (1) iv. Review Warranty, Operation, and Maintenance Manuals v. Review As-Built Record Documents 9. Threshold Inspections a. Structural Engineers Inspections(20) b. Sealed Reports delivered to Building Official c. Sealed Closeout Report 10. Design Options: a. Hardened Building Design i. Preliminary Design based on FBC and ASCE criteria ii. Preliminary Wind Pressure Calculations and Diagrams iii. Preliminary Wall Section and Roof Framing Plan iv. Preliminary Evaluation of cladding,component,fenestration,opening protection,and roof assemblies v. Preliminary OPC for upgraded structure b. Hurricane Shelter Upgrade i. Preliminary Design based on ICC-500/NSSA Standard for the Design and Construction of Storm Shelters and includes: 1. Predesign Meeting(1)with Facilities Staff 2. Predesign Meeting (1)with Facilities and Stakeholders 3. Preliminary Design Criteria including BFE study 4. Preliminary Site Plan including evaluation of site hazards, emergency access, flooding,lay-down hazards, debris. 5. Preliminary Shelter Floor Plan and Roof Plan 6. Preliminary Shelter Exterior Elevation 7. Preliminary Wind Pressure Calculations and Diagrams 8. Preliminary Wall Section and Roof Framing Plan 9. Preliminary Evaluation of cladding,component, fenestration,opening protection,and roof assemblies 10. Preliminary Evaluation of domestic water&sanitary services 11. Preliminary Emergency Generator design 12. Preliminary OPC estimate for ICC 500 standard upgrades c. Storm Shelter Construction Documents: Upon written approval of Preliminary Storm Shelter Design,incorporate ICC-500 required features into proposed Architectural and Engineering Building Systems. Proposal includes ICC-500 requirements to the extent possible or approved otherwise by ICC or the local AHJ. i. Proposal includes preparation of site specific ICC-500 required documents: 1. ICC design criteria information and signage 2. Quality Assurance Plan 3. Contractors statement of responsibility 4. Owners statement of responsibility 5. Guidance for Owners Preparation and Emergency Operations Plan as it relates to the proposed shelter d. Storm Shelter Permit Documents for ICC-500 Compliance: In addition to local AHJ approvals, Code requires an independent third-party peer review by licensed design professionals. i. This proposal includes submittal of plans and specifications directly to ICC for review by licensed ICC plan review staff, independent of review by GMD and local AHJ. Page 6 of 7 GQO ii. ICC plan review fees are not included in the design fee and will either be paid as a separate reimbursable expense or paid directly by Collier County. iii. This proposal includes coordination that may be necessary to obtain ICC and local AHJ approval. e. Storm Shelter Construction Services,ICC-500 specific: i. ICC-500 specific special Inspections or documentation of certifications of fabricators and product assemblies. ii. Documentation of Listing and Labeling of impact-protective systems during submittal reviews. iii. Architectural, Structural,Plumbing,Fire Protection,HVAC,and Electrical observations required by QC plan to determine compliance. 11. Site Plan Coordination (Civil) Coordinate Architectural Plan with site civil Coordinate MEP connections with final plans (fire,domestic, sewer and roof drains) Coordinate FPL Project coordination with Architect, County and Contractor Building Foundation Planting Plan and Irrigation Design Plan modifications and adjustments for final building,utility connection locations and ingress/egress SDPA application to County GMD for final building Deliverable: SDPA permit 12. Closeout Phase Services (Civil) Attend punchlist meeting (1) for site related items not covered in original contract Prepare Record Drawings Coordinate Utility Acceptance Coordinate Site Acceptance Page 7 of 7 SCHEDULE B-1 BASIS OF COMPENSATION 1 1 0 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. Tsksl ite' � x Description Time and � f � r ,Materials, w ss t No t Toa ce, .w 1 Pre-Design Services $ 8,400 $ 2 30% Preliminary Plans $ 61,100 $ 3 60% Design Development $105,700 $ 4 90% Construction Documents $148,900 $ 5 100% Construction Documents $ 29,800 $ 6 Building Permit Phase $ 4,760 $ 7 Bid Phase $ $ 3,680 8 Construction Administration $ $120,320 9 Threshold Inspection (Architect) $ $ 16,200 11 Site Plan Coordination (Civil) $ 48,230 $ 12 Project Closeout (Civil) $ $ 22,300 R Reimbursable Expenses $ $ 400 1-9, 11, 12 Potential 5% mark-up for subcontractor $ $ 24,910 10A Optional - Preliminary Design - Hardened Structure $ 18,400 $ 10B Optional - Preliminary Design- Hurricane Shelter $ 34,800 $ 10C-E Optional - Hurricane Shelter Design through Construction $ $ 94,700 R-O Optional - Structural Review $ $ 19,500 10 Optional - 5% mark-up for subcontractors $ $ 8,370 $ $ PSACCNA Single Project Agreement[2022ver.1] G40 110 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ 460,090 Total Time and Materials Fee $310,380 GRAND TOTAL FEE $ 770,470 B.2.2. .1* 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. PSA_CCNA Single Project Agreement[2022_ver.1] B.2.3. E* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be 1 1 0 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: PSA_CCNA Single Project Agreement[2022 ver.1] 110 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 PSA_CCNA Single Project Agreement[2022 ver.l] 110 SCHEDULE B-1 - ATTACHMENT 1 RATE SCHEDULE Title Hourly Rate Principal $206 Senior Project Manager $172 Project Manager $147 Senior Engineer $157 Engineer $123 Senior Inspector $ 96 Inspector $ 76 Senior Designer $114 Designer $ 94 Clerical/Administrative $ 62 Surveyor and Mapper $120 CADD Technician $ 81 Survey Crew - 2 man $130 Survey Crew - 3 man $161 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. ❑ Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. O C,Q' l 1 0 DocuSignn�Envelope ID:95B261B8-7F89-4214-B430-D4B857C344C3 Procurement Servic COLL7e-r Col4nty Change Order Form • ❑Contract Modification ❑Work Order Modification Project#: 80039 Pro Contract#: 18-7279 Change#: 2 Purchase Order#: 45001910441 Contractor/Firm Name: Q Grady Minor&Associates, PA Contract/Project: Big Corkscrew Island Regional Park Phase II Dave Closes Facilities Management Project Manager Name: Division Name: Original Contract/Work Order Amount $ 749,176.00 9/25/18 16D12 Original BCC Approval Date; Agenda Item# Current BCC Approved Amount $ 749,176.00+ 9/25/18 16D12 Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount $ 749,176.00 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 212,079.00 28.31% Total Change from Original Amount Revised Contract/Work Order Total $ 961,255.00 28.31% Change from Current BCC Approved Amount Cumulative Changes $ 212,079.00 28.31% Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Notice to Proceed 10/15/18 Original 5/7/21 Last Approved 2/2/2022 Revised Date TBD Date Completion Date Date (Includes this change) 1095 #of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑ Change task(s) El Other Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested); 2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. This Project is currently on a stop work notice with 9 days remaining. 1. Change Order#2 allows the County to incorporate BCIRP's Phase 2 design requirements to add additional PUD utilities and wells, canal maintenance access roads, and box culvert to meet the County's intent/operational requirements and Orange Blossom developer agreement. The additional services were also coordinated with the Parks and Recreation Division, Growth Management Department, Facilities Management Division, and Public Utilities Department to sustain the required compliance conditions. A phasing plan is also required to execute several bid packages to meet the County's agency departmental requirements and execution timelines. The original intent to have one bid package is no longer feasible due to permit constraints and execution timelines for the County.Change Order#2 adds an additional$212,079 to the contract to provide design and post design related services that will be funded through BCIRP Program Fund 346, 419, and 325 budgets and also adds an additional 1095 days to the contract. The new required timeline associated with the following additional task related services is based on a time and material basis and is necessary to complete the previous milestones. The additional task related services are as follows and as Attachment 1, which is incorporated hereto: 1. Sub-Phasing, to execute the following phase bid-packages: (Phase 2A- Includes Oil Well access road and PUD utility corridor/wells, Phase 2B- Site civil work for the gymnasium, drainage, PUD corridor continuation, canal access road, dog park, and weir. $81,048.00 2. Gym Design (covered under Amendment#1) 3. PUD Utility Post Design Services(to oversee the new additional PUD utility, corridors/wells) $28,536.00 4. Canal Maintenance Access (Additional design services for canal banks, box culvert, road alignment) $69,043.00 5. Dog Park(covered under Amendment#1) 6. Pre-Post Design Added FOR (to support phase bid development and pre/post design services) $33,452.00 2. The impacts associated with the additional design related requirements were not anticipated during the original design phase of the project. 3. If this change order is not approved, the BCIRP Phase 2 will not have the required design and post design services to make the facilities and utilities complete and usable for the intended purposes. Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY ecc Admin RPt BCC ES DocuSign Envelope ID:95B261B8-7F89-4214-B430-D4B857C344C3 I 1 0 c—DocuSigned by: VOML- (,loSaS 6/30/2022 Prepared by.` 7DFF07044AW403.,. Date: Dave Closas, Principal Project Manager, Facilities Management Division Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above, as fully as if the same were stated in this acceptance.The adjustment, if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Prof ' als�deemg out of or related to the change set forth herein, including claims for impact and delay costs. Accepted b :' '-"c M.tttiar Date: 6/30/2022 flk5It?r1t 9 ;, QGrady Minor and Associates, PA DocuSigned by: 6/30/2022 Approved b :fi� t Date: '�N'v`br, Facilities Management Division 444 c Date: 7/1/2022 Approved by: ztun gtgpp�M5 ofessional) Revised:01/1 412 02 1 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin Rp1 BCC ES 110 0 DocuSign Envelope ID:95B261B8-7F89-4214-B430-D4B857C344C3 Change Order/Amendment Summary COST TIME CO# AMD# Description Days New Justification Additive(+) Deductive(-) Added Amount _ Wetland permits are required to construct BCIRP Ph 2 and have to Utilizes$66,416 of be resubmitted due to change of 1 the allowance and 0 0 180 1115 agencies from ACOE to FDEP. adds 180 days Wetland permits are required for BCIRP PH2 as a whole or if it is phased. Adding funds to pay for additional Additional pre and post design additional pre and services are required for bidding 2 post design $212,079 0 1095 2210 purposes and to make sure phase services and adds 2 is complete and usable an additional 1095 days. Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin I BCC BCC ES Rpt 110 DocuSign Envelope ID:95B261B8-7F89-4214-B430-D4B857C344C3 ATTEST: BOARD OF CO ' TY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER CO , FLO' & Compt Ilex , �' / C. By: Qin �By: �r �' William . McDaniel, Jr., Chairman Dated: Z— (SEAL) ' A#eit At Approve to; d I garlir Y• ;44 ,tt/1.4 3 MM`Kktit County Attorney Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin BCC BCC ES DocuSign Envelope ID:958261B8-7F89-4214-B430-D4B857C344C3 1 1 0 Attachment 1 Scope of Services and Fee Schedule—Change Order 2 Big Corkscrew Island Regional Park Phase II -#18-7279 A. Scope of Services. The following services will include, but not limited to: Task 1. Sub-Phasing. To execute the following phase bid-packages: (Phase 2A - Includes Oil Well access road and PUD utility corridor/wells, Phase 2B- Site civil work for the gymnasium, drainage, PUD corridor continuation, canal access road, dog park, and weir. Permit modification with GMD and SFWMD, working out final lake criteria for allowing shallower lake depth, coordination on Bryan Paul access road, updating the pavilions plans in compliance with the most recent building code,surveying for topography for the lake bank filled recently placed and ancillary items related to phasing. Task 2. n/a Gym Design -covered in Amendment 1 Task 3. PUD Utility Post Design Services. Provides post design services for the PUD main utility extension corridor and wells; and provide final utility close out certification. The post design services consist of those identified in original Agreement No. 18-7279, Schedule A - Scope of Services. VI Post Design Services. Task 4.Canal Maintenance Access. GMD's canal maintenance access(modifying canal banks; adding box culvert; reshaping park area to accommodate lost lake bank; and road realignment for canal) (note this assumes no net loss to lake area as we are at minimums now). Lost lake area will be made up near the proposed canoe launch area). Task 5. n/a Dog Park -covered in Amendment 1 Task 6. Pre and Post Design Services. Consultant shall assist the County with pre bidding and post design services that include, but not limited to those identified in original Agreement No. 18- 7279, Schedule A- Scope of Services. V Bid Phase Services and VI Post Design Services. C. Project Schedule. Adds additional 1095 days to provide post design services to support the phase bid development and the required post design services. D. Fee Schedule. Task Description Time and Materials Not-to-Exceed Fee 1 Sub-Phasing — $81,048.00 2 Gym Design -covered in Amendment 1 n/a 3 PUD Utility Post Design Services $28,536.00 4 Canal Maintenance Access _ $69,043.00 5 Dog Park-covered in Amendment 1 _ n/a 6 Pre-Post Design Added FOR $33,452.00 Total Time and Materials Fee $212.079 110 Procurement Services Co ter County Change Order Form El Contract Modification El Work Order Modification Contract#: 18-7279 Change#: 2 Purchase Order#: 4500191044 Project#: 80039 Contractor/Firm Name: Q Grady Minor&Associates, PA Contract/Project: Big Corkscrew Island Regional Park Phase II Dave Closas Facilities Management Project Manager Name: Division Name: Original Contract/Work Order Amount $ 749,176.00 9/25/18 16D12 Original BCC Approval Date; Agenda Item# Current BCC Approved Amount $ 749,176.00f 9/25/18 16D12 Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount $ 749,176.00 SAP Contract Expiration Date(Master) Dollar Amount of this Change $ 212,079.00 28.31% Total Change from Original Amount Revised Contract/Work Order Total $ 961,255.00 28.31% Change from Current BCC Approved Amount Cumulative Changes $ 212,079.00 28.31%_ Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed 10/15/18 Original 5/7/21 Last Approved 2/2/2022 Revised Date TBD Date Completion Date Date (Includes this change) #of Days Added 1095 Select Tasks ❑Add new task(s) ❑Delete task(s) El Change task(s) El Other Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. *This Project is currently on a stop work notice with 9 days remaining. 1. Change Order#2 allows the County to incorporate BCIRP's Phase 2 design requirements to add additional PUD utilities and wells, canal maintenance access roads and box culvert to meet the County's intent/operational requirements and Orange Blossom developer agreement. In coordination with Parks and Recreation Division, Growth Management Department, Facilities Management Division and Public Utilities Department have determined the above required design changes are required.A phasing plan is also required to execute several bid packages to meet the County's requirements and execution timelines. The original intent to have one bid package is no longer feasible due to permit constraints and execution timelines for the County. Change Order#2 adds an additional $212,079 to contract to provide design and post design services that will be funded through BCIRP Program Fund 346 budget and adds an additional 1095 days to the contract. 2. These new design changes would not have been known at the time of the award of the original contract because the County's requirements were determined in 2021 after the award of the original contract in 2018. 3. If this change order is not approved, the BCIRP Phase 2 will not have the required designs and post design services to make the facilities and utilities complete and usable. Digitally signed by Prepared by: ClOSaSDave pale 2ro2Cbsasoave os Date:2e Dave Closas,Princd4g6y-6 ttt Manager,Facilities Management Division Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above, as fully as if the same were stated in this acceptance.The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Digitally signed by Accepted by: Michael J.Delete,PE Date: P Date:-022.06.27 Micha te,EQRo:diScsobp Minor and Associates,PA-7 • Approv by: Dat Ed Fa irector, cilities Management Division So�tfneeberge o,,,� �,eby9d ,waboxy �, Approved by: ccn "°°S°�° 'OO Date: Trdtment Pofessional) Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin Rpi BCC ES 110 Change Order/Amendment Summary COST TIME CO# AMD# Description Days New Justification Additive(+) Deductive(-) Added Amount Wetland permits are required to construct BCIRP Ph 2 and have to Utilizes$66,416 of be resubmitted due to change of 1 the allowance and 0 0 180 1115 agencies from ACOE to FDEP. adds 180 days Wetland permits are required for BCIRP PH2 as a whole or if it is phased. Adding funds to pay for additional Additional pre and post design additional pre and services are required for bidding 2 post design $212,079 0 1095 2210 purposes and to make sure phase services and adds 2 is complete and usable an additional 1095 days. Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin RPL BCC ES Grad Minor 1 1 0 /� Y Civil Engineers • Land Surveyors • Planners • Landscape Architects February 23, 2022 Mr.Dave Closas,P.E. Collier County Facilities Management 3335 Tamiami Trail East, Suite 101 Naples,FL 34112-5356 RE: Big Corkscrew Island Regional Park Phase 2 Collier County Contract No. 18-7279 Amendment No. lA Phasing Site and Design Changes Dear Mr. Closas: As we have discussed, Collier County's stormwater department has desired changes to the plans to accommodate maintenance of the facilities that would be their responsibility. Those changes involve adding a box culvert to the Bollt Canal crossing, adding a junction box to the Oil Well Road connecting canal, and relocating a well easement out of the drainage easement of that canal. In addition, this amendment covers sub-phasing of the site: Phase A will be the road, utilities and the dog park;Phase B will be the gymnasium and related areas around the gym; and Phase C will be the baseball field area. These changes will require additional SFWMD plan and permit changes and modification to the SDP. Further,this amendment includes additional scope for the phased construction(excluding Phase C as that is in the future), as post-design services including bidding and engineer of record for site and utility work. The following is the proposed increase in scope for the changes: 1) Sub-phasing the project into 3 phases with GMD, SFWMD and coordination with PUD and Facilities and Procurement. Permit mods with GMD and SFWMD,working out final lake criteria for allowing shallower lake depth, coordination on Bryan Paul access road,updating the pavilions plans in compliance with the most recent building code, surveying for topography for the lake bank filled recently placed and ancillary items releated to phasing. 2)Gym design: as outlined under separate cover. 3)PUD main extension post design services(assume typical EOR duties and no CEI or inspection services beyond what is required to certify as EOR). Q.Grady Minor&Associates, P.A. Ph. 239-947-1144•Fax. 239-947-0375 3800 Via Del Rey EB 0005151 •LB 0005151 •LC 26000266 Q Bonita Springs,FL 34134 www.gradyminor.com C 110 Mr.Dave Closas Big Corkscrew Island Regional Park Phase 2 February 23,2022 Page 2 of 2 4)GMD's canal maintenance access(modifying canal banks; adding box culvert; reshaping park area to accommodate lost lake bank; and road realignment for canal)(note this assumes no net loss to lake area as we are at minimums now). Lost lake area will be made up near the proposed canoe launch area). 5)Dog park: no changes, already included in design. 6)An additional 1095 days will be added to support the phased bid development and the required pre/post design services. This will include additional manhours for the construction periods over the currently contracted amount. SERVICES FEE SCHEDULE: TASK DESCRIPTION BUDGET FEE& TYPE 1. Sub-Phasing $81,048.00 Time&Material 2. Gym Design(outlined under sep cover) -- 3. PUD Utility Post Design Services $28,536.00 Time&Material 4. Canal Maintenance Access $69,043.00 Time&Material 5. Dog Park(not applicable) -- 6. Post Design Added FOR $33,452.00 Time&Material TOTAL $212,079.00 Time&Material Thank you for your assistance with this matter. Very truly yours, Michael J. Delate,P.E. Sr. Vice President MJD/ G:\AdminMarketing\PROPOSAL\C1Collier County\18-7279 BCIRP Ph 2\Contract Negotiations\Change Order No 2\DC20224 Phase 2 Design and Phasing Changes.docx GA Q PROFESSIONAL SERVICES AGREEMENT Contract# 18-7279 for Big Corkscrew Island Regional Park Phase II CCNA (-I NON-CCNA THIS AGREEMENT is made and entered into this 0254''\day of & '. \10W- 20 is. by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Q. Grady Minor & Associates, P.A. , authorized to do business in the State of Florida, whose business address is 3800 Via Del Rey,Bonita Springs, FL 34134 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Big Corkscrew Island Regional Park Phase II (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 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 Page 1 of 32 PSA Single Project Agreement 2017,010 Ver,1 1 1 U governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Michael Delate, P.E. a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OFO CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S THE PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA Single Project Agreement 2017.010 Ver.l 110 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY 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 Page 3 of 32 PSA Single Project Agreement 2017.010 Ver l 110 CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1,10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way- ROW, centerlines - CL, edge-of-pavement- EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. the COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter 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: Page 5 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3,2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C, Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the 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 Page 6 of 32 PSA Single Project Agreement 2017.010 Ver.1 i 1 0 to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time-and-Materials -The-C UNT-Y—agrees-to-pay the-contractor-for-the-amount-of-labor time spent by the-C-ONSULT-AAJ-T-'s-employees-and-subcontractors-to-perform --the wark-number of-hours-times hourly-rate);-and-for-materials-and-equipment used-in-the-project-(cost-of-materials pl-us-the-contractor's-rack-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 practicer-these contracts-include back-up-documentation-of costs; invoices._would--inciude-number-af-hOUTS worked-and-billing--rate by-position.-.-(and-not-company-.-(or subcontractor)-timekeeping-or-payroll-records);-material--ter equipment invoices;-and-other-reimbursable documentation-for-the project: 5.2. The-hourly-rates-as-set-fort#-and-ideratifaed-ishedule-B;-which-ice-attached-hereto;-shall apply-only-to-tasks--procured-under the Time-and-Materials-pricing-methodology--specified_--in paragraph 5.1 above. n Grant Funded: The-hourly-rates-as set forth-and-identified-in-Schedule Page 7 of 32 PSA Single Project Agreement 2017.010 Vert I . . . . 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 orAutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted,only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, 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 Page 8 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 8.1.1. The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. Page 9 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 9.4. CONSULTANT, its subconsuitants 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 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 Page 10 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT'S remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld 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. Page 11 of 32 PSA Single Project Agreement 2017.010.Ver 1 lip 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. L] CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. Page 12 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 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 Director: Dan Rodriguez, Deputy Department Head Division Name: Public Utilities Department Address: 3339 Tamiami Trail East, Suite 302 Naples, FL 34112-5749 Administrative Agent/PM: Leandro Goicoechea, Senior Project Manager Telephone: 239-252-8354 E-Mail(s): Leandro.Goicoechea@Colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey Bonita Springs, FL 34134 Authorized Agent: Mark W. Minor, PE, President _ Attention Name & Title: Michael Delate, P.E., Senior Vice President Telephone: 239-947-1144 E-Mail(s): mdelate@gradyminor.com Page 13of32 PSA Single Project Agreement 2017.010 Ver,l 110 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 n Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: Solicitation # 18-7279 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 14 of 32 PSA Single Project Agreement 2017.010 Ver.l 110 17,10. [ etween or among the terms of a-ny-of- exc er the in the terms of the Contract Do by application of the Supplements tion under the Contract Documents upon-the CONS 17.11. Applicability. Sections corresponding to any checked box (II ) expressly apply to the terms of this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ■ 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 Page 15 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 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." 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 21 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. 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) Page 16 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST r, BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNT\, FLORIDA, Crystal Kinzel, Clerk q& Comptro er .'�-'+1� C ) B ,� Date . . ., � dam l y; .. Andy Solis , Chairman Attest as to Chairman's SiQnatur�?only, Ap ed as to Form nd Legality: illi --ems pv, County Attorney cs., -t-i .1f-- i) ---7;et 41—.. Name Consultant: Consultant's Witnesses: Q. Grady Mino &Associates, P.A. 4,,/4/), L'', LI-- ,(6,,c e,-,--y•--N. /) / Witness I,` 17,..( ki 4,--' / /, c p,4 cz,, t7c'h1 i Mark W.M'n ,P.E./President Name and Title Name a d Title Witness MlC t-4 a, Q • M e•UNI to Q- P2 o 'C_cx»t Name and Title , , Page 17 of 32 PSA Single Project Agreement 2017.010 Ver,1 1 I 110 ' SCHEDULE A SCOPE OF SERVICES n following this page (pages through 5 ) • Page 18 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 SCHEDULE A SCOPE OF SERVICES Water Management, Site Fill Analysis, Amenities and Geotechnical: A. Water Management Evaluation and Fill a. Obtain available public information including, Environmental Resource Permits, SFWMD Staff Reports and Site Development Permits related to the design of the existing and proposed surface water management system for Waterways, Orange Blossom Ranch, Oil Well Road, Palmetto Ridge High School. Evaluate storm water attenuation volumes committed to the existing developments and park. Perform storm routing calculations to determine minimum park lake size and park stages. b. Perform preliminary engineering and design finish grades. Create a digital terrain model (DTM). Calibrate site cut and fill model with existing and proposed grades. Execute model to determine site fill requirements. B. Geotechnical Perform up to ten (10) soil borings, laboratory analysis and produce written report. The report will include foundation alternatives and recommendations, options for limestone excavation, dewatering and roadway embankment recommendations. C. Park Amenities a. Pre-design and progress meetings. b. 30%, 60% and 90% submittals of design and plans including but not limited to the following: • Pathways and Trails connecting Phase I • Provide utility connection for future Multi-Purpose Indoor Sporting Facility • Baseball/Softball Complex with four collegiate fields as a minimum • Outdoor Event Area • Parking • Lake Configuration (may include fountains) • Picnic Pavilions • Restrooms and concessions • Multi-purpose fields (2) Page 1 of 5 0 c. Site Electrical Service • FPL coordination for service and transformer. • Prepare Electrical Site Plan with power distribution throughout site to buildings, pavilions, ball fields, and parking areas. • Prepare MDP load calculations, new panels schedules and risers • Coordinate modifications in Electrical Room. d. Site Technology Plan • Coordinate Code Blue Emergency Call Boxes, Access Control, and Security Camera locations. • Coordinate site distribution for security, data, and communication. e. Reuse of Phase 1 Buildings. Park amenity reuse, update and locational modifications to building documents including submittals at 30%, 60% and 90% completion. Review plans to ensure their compliance with current code at the time of permitting, include: • FBC Accessibility • FBC Building and Structural • FBC Mechanical/Energy Code/ASHRAE • FBC Plumbing • NEC Electrical Code • NFPA Fire LS Code 101 f. Site adaptation of Building Plans for permits with new locations and new plan issue date: • Evaluate foundation design with new Geotechnical Report • Coordinate building orientation • Update Energy Code calculations • Update Occupant load calculations • Update Plumbing Fixture calculations • Update Structural calculations • Update FL Product Approval Schedule for roof system, windows, doors, louvers, fenestration, etc. • Update Code Data for permit plans • Revise Foundation Plan, Roof Framing, LS Plan, Floor Plan, Ceiling Plan, Plumbing • Plan, HV AC Plan, Electrical Plan, Lighting Plan, etc. Evaluate foundation design with new Geotechnical Report Page2of5 110 g. Update existing specifications and coordinate the following: • Geotechnical Report • Code and FL Product Approvals • Replace discontinued finishes and fixture schedules • Collier County Vertical Standards • Value Engineering • Prepare OPC Estimates • Prepare Document Submittals at 30% and 100% complete • Attend meetings • II Road Design connecting Phase 1 and Orange Blossom Ranch Access Road A. Preliminary design and road layout plan from Phase II to Orange Blossom Ranch. B. Preparation and submittal of design report. C. Submit 30% plans. D. Engineering design and 60% plan preparation with road drainage, cross- sections, pavement markings, sidewalk and lighting layout. E. Submit 60% plans and cost estimate. F. Final engineering and design of road including street lighting. G. Submit 90% plans and cost estimate. III Complete 60% road design of Orange Blossom Ranch Access Road A. Engineering review of Stantec's 60% design plans and update to succeed Stantec as Engineer of Record. B. Final engineering design and roadway plan preparation. C. Submit 90% plans and cost estimate. IV Permitting A. Site a. Attend pre-application meetings b. Environmental reports and maps updating c. Preparation, submittal and support a permit modification through the U.S. b. Army Corp of Engineers. a. Preparation, submittal and support of water use and dewatering permits through South Florida Water Management District (SFWMD) b. Preparation of Engineer's Report c. Preparation, submittal and support of the Environmental Resource Permit through SFWMD. d. Coordination with FWS e. Preparation, submittal and support of the Site Development Plan permit through Collier County. Page 3 of 5 110 .:. f. Obtain minor FDEP permits B. Buildings a. SDP Alternate Architectural Review Submittal • Attend SDP Pre-Application meeting • Prepare sealed Alternate Arch. Application and Letter • Prepare sealed Alternate Architectural Submittal with Floor Plans, Roof Plans, Exterior Elevations, Color Samples. b. Prepare and Issue Building Permit Documents • Application and Affidavits • Sealed Code Data • Sealed Architectural Documents • PE Sealed Structural Engineering Documents • PE Sealed HV AC Engineering Documents • PE Sealed Energy Calculations • PE Sealed 61015 Documents • PE Sealed Plumbing Engineering Documents • PE Sealed Electrical Engineering Documents • Reply to reviewer comments (1) V Bid Phase Services A. Furnish Collier County Procurement Division with bid documents including plans, bid tabulation forms, specifications and special provisions. B. Attend Pre-Bid Meeting. C. Weekly response to requests for information. D. Prepare addenda (if any). E. Review bids and make recommendation of award. VI Post Design Services A. Pre-Construction Meeting (1) B. Progress Meetings onsite, once each month (14) C. Observe General Construction Progress, Field Reports, bi-weekly, (2 x14) D. Observe Specific Pool Construction Progress, ADE Field Reports (6) E. Reinforcing steel F. Equipment/Piping Progress G. Piping & Pressure Test H. Review Substantial Completion I. Review Contractors Schedule and Shop Drawings J. Review Contractors Monthly Payment Applications (14) K. Review Contractors Change Order requests, as needed L. Respond to Contractors Requests for Information M. Punchlist & Substantial Completion meeting onsite (1) N. Certifications required for permit closeout O. Review Closeout Documents and Warranties P. Review Contractor's As-Built Records Page 4 of 5 110 Q. Update AutoCAD Record Document As-Built files R. Final Acceptance Meeting Onsite (1) S. 12-month Warranty Review Onsite, Report VII Reimbursables A. Reproduction Charges B. Express Mail C. Delivery Charges D. Conference Calls The reimbursables shall be billed at actual cost with no mark-up and in accordance with Schedule B of the Agreement. VIII Allowance Allowance for unforeseen conditions and may be by approval of County Project Manager via a County approved Change Order/Amendment, whichever is applicable. IX Gymnasium Design Specifics of this task will be negotiated at a later date and added to the contract through an Amendment. Any additional fees associated with this task shall be approved by the Board of County Commissioners in advance of the rendering the services. X Public Outreach Specifics of this task will be negotiated at a later date and added to the contract via an approved Change Order/Amendment. Page5of5 `;`'� 110 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 Water Management,Site Fill Analysis,Amenities and Geotechnical $ 300,000 $ II —Road Design Connecting Phase 1 and Orange Blossom Ranch Access Road $ 78,028 $ III Complete 60%Road Design of Orange Blossom Ranch Access Road $ 47,704 $ IV Permitting $ 150,250 $ V Bid Phase Services $ 25,901 $ VI Post Design Services $ 75,793 $ VII `Reimbursables-$3,500 at cost and not-to-exceed $ $ VIII Allowance $68,000 $ IX Gymnasium Design $ TBD _$ $ $ $ $ $ $ $ $ $ -- $ --$ Total Lump Sum Fee _ $$745,676 $ —_ Total Time and Materials Fee $ $ GRAND TOTAL FEE "includes$3,500 Reimbursables $749,176 $ Page 19 of 32 PSA Single Project Agreement 2017.010 Ver.I 110 • • B.2.2. ❑* ' to be paid to CONSULTANT for tho porformar co-of tho-Basic Services. Direct Labor Costs mean ' onnel, acoo-rdanc • e-Attachment 1 to this Schedule B. oat io • urred at the time of billing, to be reviewed and approved by the COUNTY. • B.2.2.1. -NTs monthly billing , not to exceed to B.2.3. El* 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. Page 20 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 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: 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. Page 21 of 32 PSA Single Project Agreement 2017.010 Ver.1 i 10 r. 6.3.4.1.6. 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. Page 22 of 32 PSA Single Project Agreement 2017.010 Vera • 110 SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate not applicable 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. n *Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA Single Project Agreement 2017.010 Ver.1 . 110 SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days For Completion Task/Item from Date of Description Notice to Proceed for Services under this Agreement Water Management, Site Fill Analysis, 365 Amenities and Geotechnical II Road Design connecting Phase 1 and Orange 365 Blossom Ranch Access Road III Complete 60% road design of Orange Blossom 365 Ranch Access Road r- IV Permitting 730 V Bid Phase Services 565 VI Post Design Services 935 VII Reimbursables 365 VIII Allowance 935 IX Gymnasium Design 935 Page 24 of 32 PSA Single Project Agreement 2017.010 Ver.1 � 10 SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 of 32 PSA Single Project Agreement 2017.010 Ver.l • 110 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? ❑■ Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? fl Yes n No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? n Yes ICI No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? Fill Yes n No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA Single Project Agreement 2017.010 Ver.1 110 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes n No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes IT No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? Yes ❑ No Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. Page 27 of 32 PSA Single Project Agreement 2017.01,0 Ver.1 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? Yes n No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑ Yes 0 No Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? VII Yes ❑ No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PSA Single Project Agreement 2017.010 Ver.1' 110 of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA Single Project Agreement 2017.010 Ver.l Marl — This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Q. Grady Minor & Associates, P.A. (company's name) hereby certifies that wages, rates and other factual unit costs supporti•. he compensation for the services of the CONSULTANT to be provided under the Profession d Services Agreement, concerning " Big Corkscrew Island Regional Park Phase II Design "project is iccuraL•, complete and current as of the time of contracting. BY: 4 Mark W Minor,P.E. TITLE: Preside t DATE: 09/04/ Page 30 of 32 PSA Single Project Agreement 2017.010 Ver.1 .................... 110 This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Q. Grady Minor & Associates, P.A. (company's name) hereby certifies that wages, rates and other factual unit costs supporti'. he compensation for the services of the CONSULTANT to be provided under the Prof-:sion I Services Agreement, concerning " Big Corkscrew Island Regional Park Phase II Design "project is ccurat complete and current as of the time of contracting. BY: Mark W Minor,P.E. TITLE: Preside t DATE: 09/04/ Page 30 of 32 PSA Single Project Agreement 2017.010 Ver.I � 10 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Mark Minor,PE Principal in Charge .25 Michael Delete, PE Senior Project Manager 15 Richard Ibach Project Manager 22.25 Donald Sainenoy, PSM Professional Surveyor 2 Alexander Dunko, El Utility Engineer 4.5 Jeremiah DeForge, El Storm Water Engineer 6 Kathy Mace Senior Designer 30 Various Q Grady Staff Various 20 Page 31 of 32 PSA Single Project Agreement 2017.010 Ver.1 � 10 SCHEDULE G Other: (Description) n following this page (pages through ) this schedule is not applicable Page 32 of 32 PSA Single Project Agreement 2017.010 Ver.]' 110 "..N QGRADYM-01 D2CRUSHING i4CORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �-� 09/05/2018 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 License#L077730 1 c CT Kristie Wiegand li AssuredPartners of Florida,Naples PHONE — — FAX 8950 Fontana Del Sol Way Suite 300 (NC,No,Fxt) (239)280-3615 _ I(A/CLN.o)5239)261-2803 Naples,FL 34109 E-MAIL ADDRESS;krIstle.wiegand@assuredpartners.com INSURER(§)AFFORDING COVERAGE NAIL#_ ____ _ _____ INSURER A:National Trust Insurance Company _20141__"_. INSURED INSURER B:FCCI Insurance Company_" 10178 Q Grady Minor&Associates PA INSURER C:Maxum Indemnity Company_ 26743 3800 Via Del Rey INSURER 0: Bonita Springs,FL 34134 — — -- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ---- TYPE OFINSURANCE POLICY NUMBER I _____-._—_-----...- ---__---- ---- -._—._ INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTRINSD WVD (MM/DD/YYYYI'�(MM/DD/YYY1) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ __ _—1,000,000 1 CLAIMS-MADE IX OCCUR GL0005673 04/05/2018 04/05/2019 DAMAGE TO RENTED 100,000 X -PBEM)s)§_(Ea NTEr erio) ----.-_--_"...._._._--- X Contractual Liab MED EXP(Any ono personL_ S 5'000 1,000,000 — —_--- PERSONAL 6 ADV INJURY ¢__—_ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE -_ _1 .2,000,000 POLICY I X 1 Pia I I LOC PRODUCTS-COMP/OP AGG_¢_ 2,000,000 I OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 X ANY AUTO 'CA100012461 04/05/2018 04/05/2019 BODILY INJURY(Perperson)__-_ OWNED SCHEDULED _ AUTOSRE� ONLY AUTOS yy E BBODILY INJURY(per accident S X AUTOS ONLY X AUTOS ONLY _(Pe agRtpAMAGEI—--; — — --- — i ).. $ A X UMBRELLA LIAB X OCCUR EACH O CC URRENCE 5'000'000 EXCESS LIAB CLAIMS-MADE UMB100024445 04/05/2018 04/05/2019_AGGREGATE 4— 5,000,000 DED FXJ RETENTION$ 10,000 $ B WORKERS COMPENSATION X PER I LOTH- IAND EMPLOYERS'LIABILITY •Y/N _STATUE ELi__----_.-- 001WC18A57813 04/0512018 04/05/2019 1,000,000 !ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT._-_.- �___.__._____.,_,_ OFFICER/MEMSEB EXCLUDED? N I NIA - 1000,000 (Mandatory In NH) E.LDISEASE EA EMPLOYEE_3"-._.. ' If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C 'Cyber Liability PFP603346301 08/22/2018 04/05/2019 Limit 2,000,000 C ProffTech E&O 1PFP603346301 08/22/20'18' 04/05/2019 Limit 2,000,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space la required) RE:#18-7279 Big Corkscrew Collier County Board of County Commissioners is Included as Additional Insured for General Liability on a primary and noncontributory basis including both ongoing and completed operations if and to the extent required by written contract per form CGL 084(10 13). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyCommissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples,FL 34112 AUTHORIZED REPRESENTATIVE aff AL ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIAILII 0 Policy # GL0005673 CGL 084(10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE(OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below,) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s)or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the"products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 1 of 3 Copyright 2013 FCCI insurance Group. COMMERCIAL_GENERAL LIABILITY 1 1 0 CGL 084(10 13) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to"bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit"that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the"suit", and otherwise comply with all policy conditions: and 3. Tender the defense and indemnity of any claim or"suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY , I 0 CGL 084(10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group.