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#20-7722 (AECOM Technical Services, Inc.) PROFESSIONAL SERVICES AGREEMENT Contract # 20-7722 for NCWRF Headworks Facility " THIS AGREEMENT is made and entered into this n-P'4day of J-01 V , 20 22 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and AECOM Technical Services, Inc. authorized to do business in the State of Florida, whose business address is 300 South Grand Avenue, 9th Floor, Los Angeles, CA 90071 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning NCWRF Headworks Facility project (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANTS RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. Page 1 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] `�R: 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 Ronald R. Cavalieri, P.E., BCEE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestAcolliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: Page 2 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] �p�0 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. Page 4 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; Page 5 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. Page 6 of 30 PSA_CCNA Single Project Agreement[2022_ver.l] `r''G ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. IGrant-Fundedfie-loaf ates-a et-forth-and-identified-+ra-Schedule-17;mvh+e#-ism ehed lerete arse-fer-p escs o r-ageney: ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. Page 7 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] Cp,�l ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. Page 8 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s)to Proceed, or(b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of Page 10 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 0 the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or(ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days'written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Page 11 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Sub-Regional Utilities Division Director: Craig Pajer Address: 3339 Tamiami Trail E Naples, FL 34112 Administrative Agent/PM: Wayne Karlovich Telephone: 239-252-5372 E-Mail(s): Wayne.Karlovich(a�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: AECOM Technical Services, Inc. Address: 4415 Metro Parkway, Suite 404 Ft. Myers, FL 33916 Pagc 12 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] Attention Name & Title: Ronald R. Cavalieri, Associate Vice President Telephone: (239)278-7996(o); (239)989-2575(c) E-Mail(s): ronald.cavalieri(a aecom.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 20-7722-NS , including all Attachment(s), Exhibit(s) &Addendum Consultant's Proposal Page 13 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the Florida state law requirements set forth in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. [Signature page to follow this page] ******Remainder of page intentionally left blank****** Page 15 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller 62) C. By: '' . L- By: Willie L. McDaniel, Jr. Date; , Chairman At tit as,to hairman's signature 001Y. Ap ry4ed as to Forrn and Legality: _es1)4 Qeputy County Attorney ` Scattgeach Name Consultant: Consultant's Witnesses: AECOM Technical Services, Inc. Le`AA.".."---r) 0K I -A -L, By: 0 Witness V Dawn Jakiela, P.E.-Sr. Project Manager Ronald R. Cavalieri, P.E., BCEE-Associate Vice President Name and Title Name and Title (_ C CO1 Wit s Cherie C.Wolter-Project Administration Name and Title Page 16 of 30 PSA,CCNA Single Project Agreement t2022 ver.1) 4 53 SCHEDULE A SCOPE OF SERVICES 1 14 following this page (pages through ) Page 17 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 11 ,"•'•'i Collier County Public Utilities Department Design and Construction Services for NCWRF Headworks Facility AECOM Technical Services, Inc. Exhibit A-Scope of Services Revised June 8,2022 A. Background Collier County owns and operates the North County Water Reclamation Facility (NCWRF) located at 10500 Goodlette-Frank Road, Naples, FL 34109. The existing headworks at NCWRF was constructed in multiple phases and is crucial for Collier County (the County), which provides nearly 60% of the permitted wastewater treatment capacity in the Collier County Water-Sewer District (CCWSD). The COUNTY engineering and operations staff recognize the vital role the NCWRF has within the County and the need of headworks replacement to ensure County's compliance with current treatment standards and operation requirements. The following challenges are associated with the existing headworks: • Poor condition of the headworks due to lack of access and inability to isolate sections for regular and critical maintenance • Structural issues and deteriorated concrete due to hydrogen sulfide corrosion • Screens that have difficulty managing larger material which accumulates and causes additional maintenance • flow metering • Poorly performing grit and screening removal systems that causes downstream issues for the rest of the facility Due to these challenges,the COUNTY desires a new headworks facility that addresses these issues. The COUNTY previously awarded a design build contract to The Haskell Company (Haskell) for the design and construction of the new headworks. The design had reached the 60%complete milestone and significant yard piping improvements were completed for the facility. However, due to changed conditions the COUNTY decided to terminate the Haskell DB contract and award a separate new professional engineering services contract to AECOM Technical Services, Inc. (CONSULTANT) for the design and construction phase services on the new Headworks Facility. The County intends to use a design-bid-build delivery method for construction of the new Headworks with a separately bid contract. CONSULTANT will design and prepare signed and sealed design documents for bidding construction of the new Headworks Facility as expediently as possible to minimize ongoing operational risks of the existing headworks. CONSULTANT will incorporate all SUE, Geotechnical Reports,designs,and other work prepared under the Headworks Design Build project,as applicable, into this work product. Page 1 of 14 (;A0 A summary of the improvements for the new NCWRF headworks are as follows: • Site Layout—Location of new headworks facility to be east of the Operations Building.This location with proximity to the existing headworks facility will help to facilitate connection to recently installed influent and effluent headworks pipes under the Haskell DB contract. o Work to include site investigation and design to relocate existing duct bank in proposed headworks location. • Influent Flow Measurement—Ability to meter influent flow to the NCWRF. Flow meter bypasses will be provided. • Two-Stage Screening—Reliable and appropriately sized screening systems located before and after grit removal. Fine screening system to consider requirements for potential future MBR process. • Grit Removal—Reliable and appropriately sized Headcell grit removal systems in conjunction with double effluent weir for each grit removal system to minimize the impact of head loss during peak flows while maintaining a suitable level of grit removal efficiency. • Odor Control—Odor control system to draw odorous air from the head space under the screenings and grit channels to minimize fugitive emissions of odorous air. • Plant Pump Station—Evaluate Plant drainage system. Improve reliability. Repurpose of the existing plant site drain pump station No 1 to accept drainage from the new headworks structure. Pump station will transfer flows to the new headworks facility. CONSULTANT will consider design of a new pump station to capture and transfer flow from the new headworks structure. • Proportional Flow Diversion to Equalization Tanks—A motorized overflow weir gate will be provided to passively control flow distribution from the effluent distribution box to the existing equalization system. CONSULTANT will also consider sending flow to the EQ Tank from upstream of fine screening. • Provision to divert incoming flow to Flow Equalization. Provision to calculate flow diversion to EQ via level sensor(s) in channel and EQ Tank liquid level changes. • Provision to divert flow to Reject Storage Ponds during extreme wet weather events. • Flow Distribution to Treatment Trains—Flow from the new headworks facility will be distributed to downstream existing secondary treatment processes via effluent channel and a series of motorized weir gates sized based on assumed flow rates to each of the downstream process trains. Flow to individual oxidation ditches will be distributed flow proportionately to each ditch with flow control valves and flow meters. • Plant Electrical Systems—Coordinate with FPL for the provision of a new utility service for new Headworks' structure. Provision of a new electrical enclosure for located electrical equipment necessary to power the new headworks facility. Electrical design will be in accordance with the requirements of the DCP.With the additional requirement for providing Class 1 reliability on the distribution of power. • Coordinate power supply from the proposed new Electrical Switchgear#1 (design and construction work by others). This may eliminate the need for the new FPL utility service and the proposed generator. Page 2 of 14 CAU • Building Design—All new structures will be designed in accordance with the 2017 Florida Building Code which adopts the 2015 International Building Code (IBC)/ASCE 7-10. • Facility Instrumentation System—Monitoring and control of the new headworks equipment and appurtenances will be provided through a new PLC-based controller located in the new headworks electrical building. Communication to the existing plant SCADA system via fiber. The design of the new Headworks Facility will maximize the current plant site while allowing flexibility for future expansion.The layout will optimize the utilization of the site and the efficiency of operations and maintenance functions,while preserving the existing headworks to be rehabilitated in the future. The design of the new headworks facility will provide screening and grit removal to better protect the downstream plant processes and provide improved operability. Except as noted in the scope of services herein,the design of the new Headworks Facility will comply with the Design Criteria Package (DCP) issued by the County for the NCWRF Headworks DB contract. The required flow capacities of the structure are: • New Headworks Peak Flowrate:85 MGD with ability to divert high flows to reject ponds • Internal Plant Recycle Flow:5 MGD internal plant recycle flow The new Headworks Facility must connect to the existing influent flow to the plant and be able to distribute effluent flow from the headworks to the existing MLE tanks, oxidation ditch tanks (orbals), and existing EQ tanks. The design of the new headworks must consider ease of operation and maintenance, safety of plant staff. The DCP and original proposed design under the Haskell design-build contract lacked significant consideration of many of these issues. To that end, at a minimum, the following items need to be reviewed and designed to the meet the COUNTY's needs and goals: • facility lighting design • fall hazard assessment and elimination. Covered tank and channel access considerations • Motor operators for gates. • Slide Gates in lieu of stop logs. • Review of equipment removal and in-place maintenance requirements • Plan of equipment operation under minimum, average, and peak flow rates. • Equipment and unit process bypass • Perform a hydraulic evaluation to verify equal flow distribution to equipment and unit processes. • Consider multiple and design for multiple plant drain pump station return locations. • Consider requirement of Odor Control blowdown low pH. • Influent Sampling location, design, and other requirements • Elimination of single points of failure • Other operational, maintenance, and safety concerns. • A reliable and maintainable power supply and distribution system for this facility considering a new power feed from FPL with two transformers,two main breakers,a tiebreaker,transfer switch,generator and two power panels or MCC's with headworks facility load split between the power distribution system. Page 3 of 14 C • A separate consulting engineer is working under a separate contract to design the replacement of the Existing Electrical Switchgear #1. There is adequate power at this electrical service to power the new headworks. Work with the Switchgear #1 engineer to provide two power feeds in an electrical duct bank to the proposed new headworks electrical distribution and control system. This has the potential to eliminate the generator and FPL electrical service proposed for this project. Odor Control: CONSULTANT to work closely with the COUNTY preferred odor control system supplier to ensure agreement on the odor control system design. CONSULTANT shall design an odorous air draw-off and tank/channel cover system that effectively removes odorous air from all areas of headworks structure and eliminates fugitive emissions of odorous air under all operating modes. B. Scope of Services The scope of services for the design and construction of the new Headworks Facility project will be completed under the following major tasks: • Task 1—Project Management • Task 2—Updated Basis of Design Report • Task 3—Detailed Design • Task 4—Permitting • Task 5—Early Procurement Packages • Task 6—Bid Phase Services • Task 7—Post Design Services Construction Phase • Task 8—Resident Representative Services The scope of services that will be taken to complete each of the project tasks is outlined below Task 1-Project Management Throughout the duration of the project,the CONSULTANT will provide services consisting of the following: • Attend weekly progress meeting with COUNTY staff • Coordinate project activities CONSULTANT will prepare a Project Plan for the development and execution of the New Headworks Project.The Plan will include a collection of documents that communicates the essential information about the project to everyone involved in the project delivery. Page 4 of 14 ,CEO CONSULTANT will prepare a draft Project Plan for review and comment.After addressing the COUNTY's comments, CONSULTANT will submit a final Project Execution Plan. A Monthly Project Status Report will be completed and include the following information: • Recent progress • Budget and schedule status • Planned activities • Critical matters CONSULTANT will conduct a project kick-off meeting and progress review meetings every week will be conducted to provide an overview of the project activities and request guidance and direction from the COUNTY's Project Delivery Team on critical matters. Meeting minutes will be prepared for each progress meeting and distributed to the Project Delivery Team. Attendance at Project Progress Meetings: Weekly meetings with COUNTY representatives will be conducted, as requested by the COUNTY,throughout the project to keep the COUNTY informed of the project progress, to make certain that the CONSULTANT is productively conducting its consulting services and to obtain input and direction as required for outstanding project issues. Up to one meeting per month will be in person and others will be conducted virtually. A recurring day and time will be established for meetings. Meeting objectives will be to provide progress updates, reach decisions on pertinent issues relative to the specific topics being addressed. Progress meetings may also be held with representatives of the construction contractor(during construction phase) and other selected individuals to effectively collaborate the work effort associated with this project. Progress meetings will be attended by project management staff solely unless CONSULTANT determines technical disciplines are required to participate. CONSULTANT will prepare and distribute agendas and minutes for each meeting incorporating agenda items and meeting minute corrections provided by the COUNTY.Agendas will be submitted to the COUNTY at least two days prior to the meeting. Draft minutes will be submitted to the COUNTY no more than three (3) working days following each meeting; COUNTY will provide comments no more than three working days after receipt of draft minutes. Summary of Project Deliverables a. Project Execution Plan b. Progress Reports and Progress Meeting Notes c. Draft Updated Basis of Design Report d. Final Updated Basis of Design Report e. Early Procurement Packages for pre-purchase of material and equipment f. 60%Complete Design Documents Page 5 of 14 g. 90%Complete Design Documents h. Final Design Documents i. Completed Permit Applications and Technical Documentation j. Conformed Design Drawings and Specifications for Construction k. MOPO Plan I. Daily Field Reports during Construction m. Record Drawings n. O&M Manuals o. Project Specific O&M Manual CONSULTANT has organized the subtasks under this Task as follows: 1. Progress Meetings 2, Project Coordination and Execution Plan 3. Project Coordination Task 2—Updated Basis of Design Report CONSULTANT previously prepared a Basis of Design Report (BODR) dated June 2021 under the Haskell DB contract. Portions of the BODR will remain the same. However, CONSULTANT will prepare an updated BODR to reflect the basis of design for the new Headworks Facility and address outstanding matters. The outstanding matters to be addressed in the BODR include the following: • Size of the final screening equipment. CONSULTANT will consider increasing the size of the screen opening to 2mm. The DCP proposed screen size is 1mm. Evaluate screening, screenings washing/compacting, and screenings transport equipment type alternatives. • Locate screenings and grit collection inside enclosed structures. This would keep the headworks at the existing elevation but would add enclosed structures to the facility. CONSULTANT understands the final concepts developed under Work Directive No. 6 of the Haskell DB contract are acceptable as a starting point for the BODR design effort. The BODR would include the following: • Introduction, including background, purpose, and scope • Description of existing facilities and existing site plan • Site Layout and stormwater management • Process Mechanical Equipment • Hydraulics and Flow Distribution • Odor Control • Structural Design • Architectural Design, if needed Page 6 of 14 CIO • Building Mechanical Design, if needed • Electrical Improvements • Instrumentation and Site Controls • Permitting and Approvals • Opinion of Probable Construction Cost • Implementation Plan and Site Management • Startup and Testing oversight • Maintenance of Plant Operations(MOPO) Plan • Manufacturer's Literature for recommended equipment CONSULTANT will conduct internal QA/QC review,accompanied by peer review,of draft updated BODR prior to submission to the COUNTY. CONSULTANT will prepare and submit to the COUNTY for review and comment a draft updated BODR. CONSULTANT will prepare for and conduct a workshop/review meeting with COUNTY to review results of the updated BODR. Workshop will be held in combination with a regular progress meeting. After addressing the COUNTY's comments, CONSULTANT will prepare and submit a Final Updated BODR, CONSULTANT has organized the subtasks under this Task as follows: 1. Draft Updated BODR and Workshop 2. QA/QC Review 3. Second Workshop and Hazard/Operations Meeting 4. Final Updated BODR Task 3—Detailed Design After COUNTY approval of the BODR, CONSULTANT will prepare 60%plans in 2-D CADD, specifications,and an engineer's opinion of probable construction cost. At this stage, CONSULTANT's construction experts will review plans and specifications to ensure the design elements are constructible. Regarding preparing the 60%opinion of probable construction cost,CONSULTANT's estimating methodology complies with a Class 3 estimate as developed by AACE (Association for the Advancement of Cost Engineering). Estimates to be performed at various stages of design comply with industry standards for design level, contingency provisions, and accuracy. CONSULTANT will meet with COUNTY engineering and operations staff in the field to verify existing conditions and planned improvements. CONSULTANT will meet and coordinate with Florida Power and Light(FPL) during project design with particular attention to load control planning. Page 7 of 14 A description of the scope of work for planned improvements identified in Paragraph B,Current Project Needs is as follows: A Summary of Drawing Content for the anticipated final design drawings(issued for construction) is included in Schedule A and includes the following major disciplines: • Civil/Site • Process Mechanical • Electrical • Instrumentation and Control (I&C) • Building Mechanical (Plumbing/HVAC) • Structural • Architectural Technical specifications will be based on the 6-digit format of the Construction Specifications Institute (CSI) in MS Word format. In addition to technical specifications, CONSULTANT will coordinate with COUNTY to customize and modify the COUNTY provided General Conditions, Supplemental Conditions, and Special Provision Specifications for the project. Standard specifications may be used for reference, but the CONSULTANT will not rely on them as a replacement for sound engineering judgment and responsibility. During development of the 60%design, FDEP and building department permit applications will be prepared and CONSULTANT will meet with permitting agencies to determine permitting fees, identify special requirements and ensure that permitting concerns are resolved and incorporated in the final design. Permitting is further described under Task 4. The 60%design submittal will consist of a full set of construction plans, including cover sheet, location map and general notes, plan views for all improvements, and standard and specific details. A sequence of construction plan will be included,and a constructability review will be performed. Plans will be prepared on 22-inch x 34-inch drawings. CONSULTANT will conduct one 60%plan review workshop with the COUNTY. Upon completion and agreement to the resolution of comments,the plans and specifications will be revised and approved by the COUNTY to proceed with the next phase. In the event the review meeting causes a change in plans,there may be a change to scope,schedule and/or budget required. Following COUNTY approval of the 60%construction documents, CONSULTANT will prepare the 90%design package addressing COUNTY comments and permitting agency requirements.The 60% opinion of construction cost will be updated for 90%design, an updated sequence of construction plan will be included. Page 8 of 14 C?'0 Regarding preparing the 90%opinion of probable construction cost,CONSULTANT's estimating methodology complies with estimating standards developed by ASPE (American Society of Professional Estimators) and AACE (Association for the Advancement of Cost Engineering). Estimates to be performed at various stages of design comply with industry standards for design level, contingency provisions, and accuracy. For the 90%design a Class 2 level estimate will be prepared in accordance with AACE. CONSULTANT will conduct a 90%plan review workshop with the COUNTY. Upon completion and agreement to the resolution of comments,the plans and specifications will be revised and approved by the COUNTY to proceed with the next phase. Following COUNTY approval of the 90%construction documents, CONSULTANT will prepare the final design package addressing COUNTY comments and permitting agency requirements,to be submitted to the COUNTY for construction/bidding purposes. CONSULTANT will prepare final opinion of probable construction cost after final design is complete and just before bidding. CONSULTANT has made certain design assumptions and/or clarifications to prepare a project budget and complete the scope of work for the design. These assumptions are as follows: • The size of final screening screen size will be 1mm. • Layout of the Headworks structure will be generally in accordance with design as development under the Haskell DB Contract. • Design modifications to address County concerns regarding grit and screenings management will be generally in accordance with conceptual plan developed and documented in Work Directive No.6 of the Haskell DB Contract. • COUNTY will work directly with Vendor for odor control equipment design and selection,will prepare procurement documents and will procure odor control equipment with review by CONSULTANT. CONSULTANT will incorporate COUNTY procured odor control equipment into the overall project design documents. • Final alignment of EQ piping to be in general accordance with 60%design drawings dated 5/27/2021 prepared as part of the Haskell DB project. • Flow control to north treatment train to be accomplished using series of pinch control valves with feedback loop from flow meters located on each of the three wastewater influent lines. Pipe arrangement and routing from new headworks structure to be in general accordance with 60% design drawings dated 5/27/2021 prepared as part of the Haskell DB project. • COUNTY to perform SUE work, including potholing as necessary to support the design of underground yard piping and the potential relocation of electrical duct bank running along north side of the proposed new Headworks structure. • Secondary treatment influent line flow meter bypass piping is not desired by COUNTY and not included in design scope. • Existing plant pump station to be used for returning flow from reject ponds to the new Headworks structure. Design scope does not include new pump station nor piping to facilitate this return flow. • Design of electrical systems, including any necessary switchgear,breakers,and electrical duct bank to feed new headworks from existing electrical system,if necessary,will be completed by Page 9 of 14 Others and is not part of this design scope. • CONSULTANT understands the NCWRF does not currently have an existing facility wide air permit. Permitting scope includes Notice of Exemption from air permitting. CONSULTANT has organized the subtasks under this Task as follows: 1. 60%Design and Workshop 2. 60%QA/QC Review 3. 60%Cost Estimate 4. 90%Design and Workshop 5. 90%Design QA/QC 6. 90%Cost Estimate 7. Final Design Task 4-Permitting CONSULTANT will provide support of the permit process for the new Headworks Facility project, which will include pre-application meetings with the COUNTY and regulatory agencies, completing the applications,assembling technical support documentation,certifying as the engineer-of-record, answering requests for information, and reviewing the issued permit. The Updated BODR will be used to support the modifications to the COUNTY's FDEP permit. The following permits are anticipated for the new Headworks Facility: • FDEP Permits/Approvals o Wastewater System Components Permit/minor permit modification o Odor Control Air Permit—Notice of Exemption o Emergency Generator—Notice of Engine Classification o Stormwater Management/ERP—Modification of existing permit • US Fish and Wildlife Service Consultation (completed) • Collier County SDP Permit • SFWMD Dewatering Permit for construction activities • NPDES Stormwater Construction Generic Permit • Collier County Building Permits for each engineering discipline. The construction contractor will be responsible for acquisition of building permits. The CONSULTANT will provide construction contractor with signed and sealed design drawings for each discipline. To facilitate the overall permitting process,CONSULTANT will maintain a permit tracking log.The log will be initially populated with each permit, agency contact, pre-application meeting dates, anticipated submission dates, required signatures, application fees, and any special forms or information required. Upon submitting the application,the log will be maintained through permit issuance with any RFI's, meetings or conversations with the agency, inquiries as to status, anticipated dates of issuance, draft permits for review, comment periods, required approvals,etc. The permit tracking log will also be built into the master activity schedule to show any predecessor and successor relationships. CONSULTANT has made certain assumptions and/or clarifications to prepare a project budget and complete the scope of work for permitting. These assumptions are as follows: • Upgrading of other facilities will not be required as part of the permitting process • Consultation with Fish and Wildlife Service is complete Page 10 of 14 • COUNTY will pay all permitting fees. Consultant will track all permits and ensure that all permits are properly closed out at the end of the construction project. CONSULTANT has organized the subtasks under this Task as follows: 1. FDEP Permits/Approvals 2. Collier County SDP Permit 3. Stormwater/Dewatering Permits during construction 4. Collier County Building Permits Task 5—Early Procurement Packages The length of the new Headworks Facility project schedule will be driven largely by the long lead time required for the procurement of the major equipment from the manufacturer. A common means of compressing the schedule under design-bid-build delivery method, with the engineer and equipment manufacturer preselected, is to pre-purchase the materials and equipment. Therefore, given current market conditions and extended delivery times, CONSULTANT will prepare early procurement design packages for pre-purchase of construction materials and equipment. This task will include potential pre-purchase of the following: • Screening Equipment following 60%design submittal • Grit Removal Equipment following 60%design submittal • MCCs/VFDs following 90%design submittal • Gates and Motorized Actuators following 90%design submittal • Large Diameter Pipe and Valves following 90%design submittal The early procurement design packages will be prepared in sufficient detail, including drawings and specifications,to support the purchase and installation of the recommended equipment. This Task will include CONSULTANT submittal reviews necessary to facilitate owner-direct-purchase of the major equipment as well as submittal reviews intended to facilitate assigning installation of the construction materials and equipment to the construction contractor. Odor control equipment will be direct purchased by the COUNTY without CONSULTANT involvement. CONSULTANT will coordinate the design of County purchased odor control equipment with the Vendor. CONSULTANT will prepare sole source review, evaluation, and recommendation letters to assist the County in procurement of Sole Source items. CONSULTANT will prepare Owner furnished equipment specification(s) and portions of the contract documents to be used by the general contractor to require general contractor to be responsible for Owner Furnished Equipment. CONSULTANT has organized the subtasks under this Task as follows: 1. Draft Early Procurement Design Package 2. QA/QC Review 3. Final Early Procurement Design Package 4. Early Procurement Submittal Review Page 11 of 14 0,0 Task 6—Bid Phase Services CONSULTANT will provide bid phase services: • Prepare for and attend pre-bid meeting. • Assist COUNTY in responding to bidders'questions and prepare up to three(3)addenda to the Contract Documents. • Assist COUNTY with review of bids and prepare a Letter of Recommendation for Award of Contract. • Assist COUNTY on review/reference checks of recommended contractor. • Prepare set of Conformed bid documents incorporating changes made during bidding through addenda and contract documents executed by the County and Contractor. • Provide AutoCAD files to Contractor as requested to assist in bidding. Task 7-Post Design Services Construction Phase During the construction phase of the NCWRF Headworks project,the below tasks will be completed to ensure compliance with permits and maintain COUNTY satisfaction with the quality and progress of construction. The estimated duration of construction is 18 months (78 weeks). Basic Construction Administration: • Conduct pre-construction meeting and prepare meeting minutes. • Coordinate with the COUNTY and the construction contractor during construction phase activities. • Conduct bi-weekly progress meetings and prepare meeting minutes. One meeting per month will be in person and other meeting will be conducted virtually. • Visit the site of the proposed improvements and visually observe the construction areas designated on the construction plans in cooperation with COUNTY's engineering and operations staff. Observations are not intended to be exhaustive or to involve detailed inspections of the Work in progress,but rather are to be limited to spot checking and general observation of the Work based on CONSULTANT's exercise of professional judgment, as assisted by the Resident Project Representative, if any,to confirm general compliance with CONSULTANT's design. Based on information obtained during such visits and observations, CONSULTANT will determine if, in general, the Work is proceeding in accordance with the Contract Documents and will keep COUNTY informed of the progress of the Work. Provide Inspection Reports on these inspections within 7 days of the inspection. The estimated number of site visits is included in the project budget spreadsheet. • Receive, review, and process shop drawing submittals from Contractor up to the quantity identified in the Project Budget. Review and take appropriate action in respect to Shop Drawings defined in CONSULTANT's specifications, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.Such Page 12 of 14 C't.0 reviews will not extend to means, methods,techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. • Prepare responses to Contractor Requests for Information up to the quantity identified in the Project Budget. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations are to be consistent with the intent of and reasonably inferable from the Contract Documents. Assist COUNTY with review of progress payments and make timely recommendations to COUNTY regarding the Applications for Payment. Such recommendations of payment will be in good faith based on CONSULTANT's knowledge, information and belief that the Work has progressed to the point indicated; the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion); and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is CONSULTANT's responsibility to observe Contractor's Work. • Assist COUNTY with management of proposed Changes to the Work by preparing requests for proposed changes, evaluating, and responding to Contractor claims, and preparing contract change orders and/or work change directives, as required. Help with up to the quantity of changes identified in the Project Budget. • Attend startup and testing and training. Review and monitor for completeness. • Assist COUNTY with the following services related to Contract Closeout: o Perform Substantial Completion walk through and develop final punch list. o Prepare a "Certification of Construction Completion and request fora Letter of Clearance" for submittal to FDEP, as required. o Perform Final Completion walk through. o Prepare certificate of final completion o Assist with review of the Final Pay Request. o Prepare signed and sealed as-constructed(record)plans from information provided by the Contractor required for project certifications. • Deliver final record documents to County: o All RPR and other inspection reports o All construction photographs in chronological order o All approved shop drawing • Prepare site specific operation and maintenance (O&M) manuals. O&M manual to include a compilation of manufacturers O&M procedures and standalone narrative describing procedures for overall operation of the new Headworks Facility. • Request and complete asset management spreadsheets for all new facilities in accordance with the County's Asset Management Program and associated procedures. • Provide AutoCAD drawings of final record drawing set. Task 8—Resident Representative Services This task is not to be construed that CONSULTANT will serve as the COUNTY's Construction Engineering and Inspector. CONSULTANT will provide a Resident Project Representative(RPR)who will visit the project sites daily. It is estimated that one full-time (50 hours per week) RPR will be needed for duration of eighteen (18) months (78 weeks) while construction activities are ongoing. Page 13 of 14 CVO. CONSULTANT will perform the following RPR services: • Coordinate with the COUNTY and project construction contractor during construction of the project. • Review materials and workmanship of the Project and report to the COUNTY any deviations from the Contract Documents that may come to the CONSULTANT's attention; determine the acceptability of work and materials;and make recommendation to the COUNTY to reject items not meeting the requirements of the Contract Documents. • Recommend to the COUNTY in writing that the work, or designated portions thereof, be stopped temporarily by COUNTY if,in the CONSULTANT's judgment,such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. If the COUNTY elects to stop the work, the CONSULTANT will assist in determining whether the work is in general conformance with the requirements of the Contract Documents. Require that any work that is covered up without being properly observed be uncovered for examination and restored at Contractor's expense if deemed appropriate by the CONSULTANT. • Prepare daily,weekly,and monthly construction progress reports in a format acceptable to the COUNTY. • Maintain field notes and field construction photographs. • Maintain appropriate field records to document actual or potential disputes or claims,with respect to construction of the Project. • Observe operations or performance testing and report findings to the COUNTY. • Maintain a set of As-built drawings. Review contractors As-built drawings monthly to ensure that adequate records are being kept. It is also anticipated,during certain construction activities and when construction occurs in sensitive areas, additional manpower may be needed to adequately monitor the work. CONSULTANT will inform COUNTY of need for additional manpower. CONSULTANT will provide additional services as mutually agreed to and authorized by COUNTY. It is assumed that COUNTY will provide an RPR office for administration of the project at the NCWRF location. Page 14 of 14 Cagy) 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 Task 1 Project Management $ $ 264,326 Task 2 Updated Basis of Design Report $ $ 362,626 Task 3 Detailed Design $ $1,392,694 Task 4 Permitting $ $ 126,280 Task 5 Early Procurement Packages $ $ 35,772 Task 6 Bid Phase Services $ $ 50,896 Task 7 Post Design Services $ $1,349,889 Task 8 Resident Representative Services $ $ 738,600 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Page 18 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ Total Time and Materials Fee $4,321,083 GRAND TOTAL FEE $4,321,083 B.2.2. 0* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. Page 19 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] B.2.3. 11* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: Page 20 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. [END OF SCHEDULE B] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 21 of 30 PSA_CCNA Single Project Agreement[2022_ver.11 L, �.f SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Engineer/Planner/Scientist (E/P/S) I $119 E/P/S II $126 E/P/S III $146 E/P/S IV $162 Project E/P/S I $170 Project E/P/S II $183 Project E/P/S III $200 CADD/Designer I $122 CADD/Designer II $139 CADD/Designer III $151 CADD/Designer IV $165 CADD/Designer Supervisor $202 Administrative Assistant I $70 Administrative Assistant II $86 Administrative Assistant III $105 Administrative Assistant IV $122 GIS Specialist I $102 GIS Specialist II $112 GIS Specialist III $132 GIS Specialist IV $159 Project Manager I $229 Project Manager II $260 Project Manager III $287 Principal/Operations Manager I $313 Principal/Operations Manager II $338 Inspector I $93 Inspector II $103 Inspector III $128 Inspector IV $168 Resident Engineer I $119 Resident Engineer II $146 Resident Engineer III $170 Resident Engineer IV $200 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 22 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days Task/Item For Completion of Task Description from Date of Notice to Proceed Task 1 Project Management 1 ,007 Days Task 2 Updated Basis of Design Report 137 Days Task 3 Detailed Design 403 Days Task 4 Permitting 221 Days Task 5 Early Procurement Packages 277 Days Task 6 Bid Phase Services 459 Days Task 7 Post Design Services Construction Phase 1 ,007 Days Task 8 Resident Representative Services 1 ,007 Days Page 23 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to Page 24 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] (CZ) purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( ❑■ ) are required by this Agreement. 10. ■❑ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability -The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. ❑ United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Coverage shall have minimum limits of $ Per Claim/Occurrence. 12. fl Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Coverage shall have minimum limits of$ Per Claim/Occurrence. 13. n COMMERCIAL GENERAL LIABILITY. A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. Page 25 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an"Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. ❑ 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. 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. 17. El BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. 18. ❑ TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Coverage shall have minimum limits of$ Per Occurrence. 19. ❑ 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. 0 PROFESSIONAL LIABILITY INSURANCE. A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Page 26 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] Page 27 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 1,r'� SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, AECOM Technical Services, Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " NCWRF Headworks Facility protect "project" is accurate, complete and current as of the time of contracting. - t BY: g - Ronald R. Cavalieri, P.E., BCEE TITLE: Associate Vice President DATE: 06/23/22 Page 28 of 30 PSA CCNA Single Project Agreement(2022 vent) SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time RON CAVALIERI Principal/Operations Manager I (Principal in Charge) 10 BRIAN STITT Project Manager III (Project Manager) 25 CHERIE WOLTER Administrative Assistant II (Project Administrator) 25 KEVIN SMITH E/P/S IV(Design Manager) 25 JACK MILLER E/P/S II (Civil Engineer/Permitting) 5 STEVEN BAZOR Project E/P/S I (Electrical Engineer) 15 WILLIAM OVERBEEK Project E/P/S III (SCADA and I&C Engineer) 15 KHALID MOTIWALA Project Manager I (Structural Engineer) 15 PAUL MOULTON Project Manager III (Senior Process Mechanical) 5 WADE IRELAND E/P/S III (HVAC Engineer) 15 JOHN DIETZ E/P/S III (Architectural) 15 KURT AHLGRIM E/P/S III (Civil/Site Engineer) 20 FRANK FEENEY(QGM) Subconsultant(SDP Permit/Stormwater) 5 KAREN BETTENCOURT Project E/P/S II (Odor Control/Process Mechanical) 10 LINDLE WILLNOW Project Manager I (Hydraulic Engineer) 5 TODD DWYER Project E/P/S II (Geotechnical Engineer) <5 RON MASTROGIACOMO Project Manager II (Cost Estimating) 5 MARVIN SANCHEZ E/P/S IV(Project Engineer) 25 Page 29 of 30 PSA_CCNA Single Project Agreement[2022_ver.11 0 SCHEDULE G Other: N/A (Description) ❑ following this page (pages through ) ❑■ this schedule is not applicable Page 30 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 0 • • ATE ACGREP CERTIFICATE OF LIABILITY INSURANCE D DnYYY) O6/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Risk&Insurance Services Marsh Risk&Insurance Services PPHON: CA License#0437153 (A/C,No,Ext): 213 346 5000 FAX No): 633 W.Fifth Street,Suite 1200 EMAIL eles.CertR uest LosAn marsh.com Los Angeles,CA 90071 ADDRESS: 9 oe Attn:LosAngeles.CertRequest@Marsh.Com __ _ INSURER(S)AFFORDING COVERAGE NAIC# CN101348564-STND-GAUE-22-23 12 2023 INSURER A:ACE American Insurance Company 22667 INSUREDAECOM INSURER B:N/A N/A AECOM Technical Services,Inc. INSURER C:Illinois Union Insurance Co 27960 4415 Metro Parkway,Suite 404 INSURER D:SEE ACORD 101 Fort Myers,FL 33916 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-002597260-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIALGENERALLIABILITY X HDOG72489974 04/01/2022 04/01/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 'e r LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ISA H25564959 04/01/2022 04/01/2023 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ D WORKERS COMPENSATION SEE ACORD 101 04/01/2022 04/01/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C ARCHITECTS&ENG. EON G21654693 005 04/01/2022 04/01/2023 Per Claim/Agg 1,000,000 PROFESSIONAL LIAB. "CLAIMS MADE" Defense Included DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:AECOM Project No:04192394.0001.Client Reference No:CN 20-7722. Board of County Commissioners for Collier County,Florida and Collier County Government are named as additional insured for GL coverage,but only as respects work performed by or on behalf of the named insured and where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to the GL coverage. CERTIFICATE HOLDER CANCELLATION Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE for Collier County,Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Procurement Services Division ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Patrick O'Quinn 3295 Tamiami Trail East C-2 Naples,FL 34112 AUTHORIZED REPRESENTATIVE " n i eva Red&'2/dQcG7a1KCC Sew eed ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN101348564 LOC#: Los Angeles ACC PRE) ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk&Insurance Services AECOM AECOM Technical Services,Inc. POLICY NUMBER 4415 Metro Parkway,Suite 404 Fort Myers,FL 33916 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation/Employer Liability cont. Policy Number Insurer States Covered WLR C68926361 Indemnity Insurance Company of North America-NAIC#43575 AOS,Including California WLR C68926324 ACE American Insurance Company-NAIC#22667 MA SCF C68926440 ACE Fire Underwriters Insurance Company-NAIC#20702 WI Retro Contractual Liability is included in the General Liability coverage. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD