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Agenda 04/11/2023 Item #16C 9 (Time extension and add funding for additional design engineering services for the intersection of Oil Well Road and the South Entrance Road.)04/11/2023 EXECUTIVE SUMMARY Recommendation to approve the Second Amendment to Agreement #18-7279 in the amount of $88,463 and approve Change Order No. 3 for a time extension for an additional 120 days associated with additional design engineering services with Q. Grady Minor and Associates, P.A., for the Big Corkscrew Island Regional Park (BCIRP) Phase 11 (Project No. 80039). OBJECTIVE: To obtain a time extension and add funding for additional design engineering services for the intersection of Oil Well Road and the South Entrance Road. CONSIDERATIONS: On September 25, 2018, Agenda Item 16.D.12, the Board awarded Agreement No. 18- 7279 ("Agreement") to Q. Grady Minor and Associates, P.A. for the design, pen-nitting, bidding, construction, engineering, and inspection services for Big Corkscrew Island Regional Park Phase 11. BCIRP Phase II's scope consists of a gymnasium, dog park, baseball fields, concession stand, pavilions, lake improvements/features, and associated roads, utilities, and support facilities. On July 12, 2022, Agenda Item 16.C.3, the Board approved Change Order No. 2 to provide additional design engineering services and the First Amendment to the Agreement for the design of the gymnasium and authorize the required budget amendments for the execution of Agreement No. 18-7279 for BCIRP Phase IL Change Order No. 3 is required to obtain an extension of time for the duration of 120 days for additional design engineering services. This proposed change increases the contract duration to cover enhanced design services related to the intersection of Oil Well Road and the South Entrance Road to the park. To meet the requirements of a recent BCC approved developer agreement, the County has requested the consultant to include the design of full signalization for the intersection of the access road with Oil Well Road in lieu of the more standard intersection originally envisioned. This change was not included in the original contract because the County originally planned a more standard intersection with minimal turn lanes, minor median design and no traffic signal. The terms of the developer agreement require the County to design and build this signal by a date certain. This change is necessary to provide safe and appropriate access to the park from Oil Well Road and Palmetto Ridge High School and provide safe and efficient egress to points east and west on Oil Well Road. Furthermore, not adding the signalization would violate the BCC approved developer agreement. The additional funding for this design change will be provided through the Second Amendment to Agreement. The overall design fees and costs associated with the Second Amendment have been successfully negotiated and broken down between Lump Sum and Time and Material and total $88,463. The Second Amendment will increase the contract total amount to $1,820,188. The County's Procurement Services Division administratively approved the Change Order No. 3, as authorized by the Board in accordance with its Procurement Ordinance, Section Nineteen, Contract Administration, Section 19, subsection 3b. FISCAL IMPACT: Big Corkscrew Island Regional Park (Project No. 80039) Phase 11 improvements and design is funded from Parks Impact Fee Fund (346), Project No. (80039). The second amendment increases the fiscal impact for the project by $88,463. LEGAL CONSIDERATIONS: This item is approved as form and legality and requires majority vote for approval. -RTT GROWTH MANAGEMENT PLAN IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities and to remain in compliance with all regulatory I Packet Pg. 925 04/11/2023 programs. RECOMMENDATION: To approve the Second Amendment and approve Change Order No. 3 for a time extension for an additional 120 days associated with additional design engineering services under the Professional Services Agreement 18-7279 with Q. Grady Minor & Associates, P.A., for the BCIRP Phase 11. Prepared by: James Morton, Project Manager III, Facilities Management Division ATTACHMENT(S) 1. 18-7279QGradyMinor — Contract(PDF) 2.18-7279 lstAmendment_QGradyjullyExec (PDF) 3.18-7279 SecAmendmentVS_Q.Grady (PDF) 4.18-7279_QGrady_C#1 (PDF) 5. 4500191044QGrady_C#2 (PDF) 6.18-7279 ChangeOrder#3_Q.Grady (PDF) I Packet Pg. 926 04/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.9 Doe ID: 24721 Item Summary: Recommendation to approve the Second Amendment to Agreement #18-7279 in the amount of $88,463 and approve Change Order No. 3 for a time extension for an additional 120 days associated with additional design engineering services with Q. Grady Minor and Associates, P.A., for the Big Corkscrew Island Regional Park (BCIRP) Phase 11 (Project No. 80039). Meeting Date: 04/11/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 03/09/2023 10:12 AM Submitted by: Title: — Facilities Management Name: John McCormick 03/09/2023 10:12 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Facilities Management James Morton Additional Reviewer Facilities Management Jennifer Belpedio Manager - Real Property Facilities Management John McCormick Director - Facilities Procurement Services Priscilla Doria Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Procurement Services Sandra Herrera Additional Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Ronald Tomasko Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Corporate Compliance and Continuous Improvement Megan Gaillard County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez Additional Reviewer Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Ed Finn Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 03/09/2023 10:29 AM Completed 03/09/2023 10:40 AM Completed 03/09/2023 11:39 AM Completed 03/09/2023 12:01 PM Completed 03/17/2023 9:20 AM Completed 03/23/2023 1:21 PM Completed 03/27/2023 10:15 AM Completed 03/29/2023 8:44 AM Skipped 03/30/2023 10:34 AM Completed 03/30/2023 10:57 AM Completed 03/30/2023 1:01 PM Additional Reviewer Completed 04/01/2023 7:55 PM Completed 04/03/2023 9:22 AM Completed 04/03/2023 9:31 AM Completed 04/03/2023 2:13 PM Completed 04/04/2023 1:44 PM 04/11/2023 9:00 AM I Packet Pg. 927 1 PROFESSIONAL SERVICES AGREEMENT Contract # 18-7279 for Biq Corkscrew Island Reqional Park Phase 11 [N-1 CCNA F-1 NON-CCNA THIS AGREEMENT is made and entered into this 25""day of SeD"IQU- 20 (9 ' by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Q. Grady Minor & Associates, P.A. —, authorized to do business in the State of Florida, whose business address is 3800 Via Del Rey, Bonita Springs, FL 34134 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). W I T N E S S E T H: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Big Corkscrew Island Regional Park Phase 11 (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; -m- WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. T-- N NOW, THEREFORE, in consideration of the mutual covenants and provisions contained I - herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1. 1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement i all such licenses as are required to do business in the State of Florida and in Collier County, U Florida, including, but not limited to, all licenses required by the respective state boards and othei Page I of 32 PSA Single Project Agreement 2017.010 Ver.1 Packet Pg. 928 governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Michael Delate, P.E. a qualified licensed professional to serve as the CONSULTANT's project coordinator .(hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the .2 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 0 to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever 4- time is required to satisfactorily manage the services to be provided and performed by the C� 0 CONSULTANT hereunder. The Pro ect Coordinator shall not be removed by CONSULTANT from Z i &- the Project without the COUNTY's prior written approval, and if so removed must be immediately W replaced with a person acceptable to the COUNTY. 0 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. Q 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of r- 0 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 u) that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to N 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 U0 CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 %- 0 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: Page 2 of 32 PSA Single Project Agreement 2017.010,Ver.1 FPacket Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FIL 34112-5746 - Telephone: (239) 2.52-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1 . Keep and maintain public records required by the public agency to perform the service. C 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 .2 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 0 records disclosure requirements are not disclosed except as authorized by law for M the duration of the contract term and following completion of the contract if the 6 Z Contractor does not transfer the records to the public agency. L_ W 4. Upon completion of the contract, transfer, at no cost, to the public agency all public -,c- C) 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 M 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 (D all applicable requirements for retaining public records. All records stored E 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 E information technology systems of the public agency. 0 If Contractor observes that the Contract Documents are at variance therewith, it shall promptly U) notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8, In the event of any conflicts in these requirements, the CONSULTANT, shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT, The COUNTY may also deduct or charge the Page 3 of 32 PSA Single Project Agreement 2017.010 Venl-.., Packet Pg.-i3O7] 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. M 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area 0 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 6 either reference specific established Survey Monumentation, such as Certified Section Corners Z (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 0 common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, 0) etc.), and adhere to industry standard CAD specifications. M M 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 E 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 0 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 N life or property, any Additional Services must be approved in writing via a Change Order oi an U 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. 0 Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of L) any claim by CONSULTANT ' for such Additional Services and (ii) an admission by CONSULTANT 0 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 20 to document the consequences of the changes or variations, provided that CONSULTANT has a 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 co (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 E Additional Services: Page 4 of 32 PSA Single Project Agreement 2017.010 Ver-1, Packet Pg. 931 2.2. of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws,rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 0 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, 6 rate schedules and appraisals; and evaluating processes available for licensing and assisting the Z E COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation'of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any Ir- 0 litigation, or other legal or administrative proceeding, involving the Project (except for assistance 0 0 in consultations which are included as part of the Basic Services to be provided herein). U) 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. 0 ARTICLE THREE 0 THE COUNTYS 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 12' instructions, receive information, interpret and define the COUNTY's policies and decisions with Pr respect to CONSULTANT's services for the Project. However, the Project Manager is not co authon - zed to issue any verbal or written orders or instructions to the CONSULTANT that would 5 W have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: E Page 5 of 32 PSA Single Project Agreement 2017.010 Ver. I I Packet Pg. 932 1 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 S 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 0 requirements for the Project, including design objectives and constraints, space, T3 capacity and performance requirements, flexibility and expandability, and any budgetary limitations; 12 c. Upon request from CONSULTANT, assist CONSULTANT by placing at M 6 CONSULTANT's disposal all available information in the COUNTY's possession z L_ pertinent to the Project, including existing drawings, specifications, shop drawings, (D -0 product literature, previous reports and any other data relative to the Project; L_ 0 d. Arrange for access to and make all provisions for CONSULTANT to enter the Project 0) site to perform the services to be provided by CONSULTANT under this Agreement; ru- m and L) e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the -0 r_ COUNTY with respect to the services to be rendered by CONSULTANT hereunder. M tl_ ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the 5 0 execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any 4) U) designated portion of the Project and shall be performed and completed in accordance with the N Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time Page 6 of 32 PSA Single Project Agreement 2017.010 Ver,111�1 Packet g. 933 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 .2 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 0 to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on M schedule. 6 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are 6) U) transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no T11 hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction N I - of the COUNTY's Project Manager before payment for the fixed price contract is authorized. 1* Fl� LN INVAILIMM2 -all � a I IN'TAW:LINN! - "t"MR- MR. do-- J plu-q,-the-co-ntrador!s-mark,-up).-Ttw,ma-tho"ogy4's-genemffy -used4n-projeGts-�wh!G�� possi b le-to-accurate"sti mate -the-44"4he-projecto-r-wh e n4t4s-expected that the-Koject requirements-wo, lid rn ke["hange-.,As-a4ymer;;1 business practice -,-these contracts4nGlude back-up documentation osts; invoices W01 lid inch ide unib4aT-Gf4ioLws-v4orked-aPd-biffirKi-rate by position (and not company (or su -hanntracto44mekeeping ou-payroll records), material -of equipment invoicesand othA-r reimbursahl Gumentation for the projea. 5.2. - ffie4wurly-mte"s-se"Gdh-and-idA-ntmfiA-cI in R edule-B,--which-is-aftadied-hereto,-shafl apply-o-n4l-t�ks-pr-ocu red under the an"ato-rials-Wicing-niethodoloff-specified-4n pa rag raph-5-A-above� F-1 Grant-Fimded.- The hour"tes as-setfor-th-arid4dentifie"-&Chedu4e Page 7 of 32 PSA Single Project Agreement 2017.010 Ver.1 I Packet Pg.��477] PA-T�aiskT-Tfii -AT-TWI-I ra1mg-lif-ImfAl MAI Mimi i%TAIL-4-1�walm-adA%TirmillkTAW-ILfta Mirl"fl5pol - -^VMi 1111ralm 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. M 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY, Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS W 7.1. CONSULTANT will keep adequate records and supporting documentation which concern U) 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 o period noted above, or such later date as may be required by law; provided, however, such activity J 0 shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify Pr and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, OTO losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to (D the extent caused by the negligence, recklessness, or intentionally wrongful conduct of E CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this 15 M Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce Page 8 of 32 PSA Single Project Agreement2017.010 Ver.1 Packet Pg. 935 any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County 8.1.1. The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE NINE M 6 INSURANCE Z 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 o f 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 -ra Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet 0 the requirements of this Agreement shall name Collier County Board of County U) Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. Page 9 of 32 PSA Single Project Agreement 2017.010 Ver.1, Packet 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 M SERVICES BY CONSULTANT'S OWN STAFF '6 1P 10.1. The services to be performed hereunder shall be performed by CON SU LTANT'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. T11 N 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 !E�� subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by cc this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement Ui shall preserve and protect the rights of the COUNTY under this Agreement with respect to the 0 Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall Page 10 of 32 PSA Single Project Agreement 2017.0,1 1 0 1 V,e r. Packet Pg.��777] 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 law-s, ordinancess, regulation-s or other code6 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. M 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it 10 is determined for any reason that CONSULTANT was not in default, or that its default was N I - 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 0 afforded CONSULTANT under paragraph 12.3, below. Ul 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. Page 11 of 32 PSA Single Project Agreement 2017.010 V16r.1 I Packet Pg. 938 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 T3 0 Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material 0 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 6 CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such z default is cured, after giving THE COUNTY a second fourteen (14) days written notice of (D CONSULTANT's intention to stop performance under the Agreement. If the Services are so 0 stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of 0) the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other M persons performing portions of the Services under contract with the CONSULTANT, the L') 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, E upon fourteen (14) additional days'written notice to the COUNTY, terminate the Agreement an recover from the COUNTY payment for Services performed through the termination date, but in E no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. 0 U) ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 04 C14 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, 0 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 0 the award or making of this Agreement. 13.2. RM CCNA Prooects: In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual, unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. Page 12 of 32 PSA Single Project Agreement 2017.010 Ver.1 I Packet Pg. 939 ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest:and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be,employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Director: Dan Rodriguez, Deputy Department Head Division Name: Public Utilities Department Ad d ress: 3339 Tamiami Trail East, Suite 302 Naples, FL 34112-5749 Administrative Agent/PM: Leandro Goicoechea, Senior Project Manager Telephone: 239-252-8354 E-Mail(s): Leandro.Goicoechea@Colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Address: Authorized Agent: Attention Name & Telephone: E-Mail(s): M A Mark W. Minor, PE, President Title: Michael Delate, P.E., Senior Vice President 239-947-1144 mdelate@gradyminor.com CV) T11 04 I- 1* 0 L) 0 M CY C14 Pr 00 (D E Page 13 of 32 PSA Single Project Agreement 2017,010 Vek, I" I Packet Pg. 940 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. 6 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 N 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. 0 U 17.9. The terms and conditions of the following Schedules attache d hereto are by this reference -0 incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE co FE] Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL (D Q QthQr- E Solicitation# 18-7279 including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 14 of 32 PSA Single Project Agreement 2017.0 10 Ver. I I Packet Pg. 941 1 17.10. Fj k WAME a i-TM ME Mr"eW OFF, W 1WIMEN _YM I -ATE.W Wal i Ch d 9- T, M M M F AT &J 0 1 A A A Mye, Me"M P 17.11. Applicability Sections corresponding to any checked box (N ) expressly apply to the terms of this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW M 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 0 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. FE-1 At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth- I n-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 0 determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage L) rates and other factual unit costs. 0 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed ida by the'COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Flor Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list co 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 (D not submit a bid, proposal, or reply on a contract with a public entity for the E construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be Page 15 of 32 PSA Single Project Agreement 2017.010 Ver.1 I Packet Pg. 942 awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold. amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION r_ 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 .2 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 0 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 6 before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation z shall be attended by representatives of CONSULTANT with full decision -making authority and by (D the COUNTY's staff person who would make the presentation of any settlement reached at 0 mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as (D required hereunder, the other party may obtain a court order requiring mediation under section M 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the seq. provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et s and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. ( icinature IDage to follow) S Page 16 of 32 PSA Single Project Agreement 2017.010 Vef.1 I Packet Pg. 943 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTES C ryst�6 . I Kinzel, dferk',& Comptr er Date-/ Att est as to Chairman's SiPatur� OnIv, Amd as to For d Legality: 1-/)2Z:L,- ,E)tQ% lk,-k _' County Attorney - Name Consultant's Witnesses: VVitness tx.) e-r- C51 Deo Name and Title I MA GVLaL 12, kAVAYUzv- Witness wla-tf- MEUM te P- - r->P-O�,:Cr Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNT)� FLORIDA, in Andy Solis -, Chairman V— C4 r- Page 17 of 32 PSA Single Project Agreement 2017.010 Ver.1 - NP FPacket Pg. 944 SCHEDULE A SCOPE OF SERVICES [—M] following this page (pages 1 through 5 ) CV) Page 18 of 32 PSA Single Project Agreement 2017.010 Venl,� Packet Pg. 945 SCHEDULE A SCOPE OF SERVICES Water Management, Site Fill Analysis, Amenities and Geotechnical: A. Water Management Evaluation and Fill a. Obtain available public information including, Environmental Resource Permits, SFWMD Staff Reports and Site Development Permits related to the design of the existing and proposed surface water management system for Waterways, Orange Blossom Ranch, Oil Well Road, Palmetto Ridge High School. Evaluate storm water attenuation volumes committed to the existing developments and park. Perform storm routing calculations to determine minimum park lake size and park stages. b. Perform preliminary engineering and design finish grades. Create a digital terrain model (DTM). Calibrate site cut and fill model with existing and proposed grades. Execute model to determine site fill requirements. B. Geotechnical Perform up to ten (10) soil borings, laboratory analysis and produce written report. The report will include foundation alternatives and recommendations, options for limestone excavation, dewatering and roadway embankment recommendations. C. Park Amenities a. Pre -design and progress meetings. b. 30%, 60% and 90% submittals of design and plans including but not limited to the following: Pathways and Trails connecting Phase I Provide utility connection for future Multi -Purpose Indoor Sporting Facility Baseball/Softball Complex with four collegiate fields as a minimum Outdoor Event Area Parking Lake Configuration (may include fountains) Picnic Pavilions Restrooms and concessions Multi -purpose fields (2) Page 1 of 5 I Packet Pg. 946 c, Site Electrical Service • FPL coordination for service and transformer, • Prepare Electrical Site Plan with power distribution throughout site to buildings, pavilions, ball fields, and parking areas. • Prepare MDP load calculations, new panels schedules and risers • Coordinate modifications in Electrical Room. d. Site Technology Plan • Coordinate Code Blue Emergency Call Boxes, Access Control, and Security Camera locations. • Coordinate site distribution for security, data, and communication. e. Reuse of Phase 1 Buildings. Park amenity reuse, update and locational modifications to building documents including submittals at 30%, 60% and 90% completion. Review plans to ensure their compliance with current code at the time of permitting, include: FBC Accessibility FBC Building and Structural FBC Mechanical/Energy Code/ASHRAE FBC Plumbing NEC Electrical Code NFPA Fire LS Code 101 f. Site adaptation of Building Plans for permits with new locations and new plan issue date: Evaluate foundation design with new Geotechnical Report Coordinate building orientation Update Energy Code calculations Update Occupant load calculations Update Plumbing Fixture calculations Update Structural calculations Update FL Product Approval Schedule for roof system, windows, doors, louvers, fenestration, etc. Update Code Data for permit plans Revise Foundation Plan, Roof Framing, LS Plan, Floor Plan, Ceiling Plan, Plumbing Plan, HV AC Plan, Electrical Plan, Lighting Plan, etc, Evaluate foundation design with new Geotechnical Report Page 2 of 5 Packet Pg.��777] IV g. Update existing specifications and coordinate the following: Geotechnical Report • Code and FL Product Approvals • Replace discontinued finishes and fixture schedules • Collier County Vertical Standards • Value Engineering • Prepare OPC Estimates • Prepare Document Submittals at 30% and 100% complete • Attend meetings .0 Road Design connecting Phase I and Orange Blossom Ranch Access Road 0 A. Preliminary design and road layout plan from Phase 11 to Orange Blossom M Ranch. 6 z B. Preparation and submittal of design report. C. Submit 30% plans. E 0 D. Engineering design and 60% plan preparation with road drainage, cross- (D sections, pavement markings, sidewalk and lighting layout. E. Submit 60% plans and cost estimate. M F. Final engineering and design of road including street lighting. G. Submit 90% plans and cost estimate. Complete 60% road design of Orange Blossom Ranch Access Road E A. Engineering review of Stantec's 60% design plans and update to succeed E Stantec as Engineer of Record. B. Final engineering design and roadway plan preparation. 0 C. Submit 90% plans and cost estimate. Permitting N N A. Site a. Attend pre -application meetings 0 b. Environmental reports and maps updating c. Preparation, submittal and support a permit modification through the 0 U.S. b , Army Corp of Engineers. M a. Preparation, submittal and support of water use and dewatering permits through South Florida Water Management District (SFWMD) b. Preparation of Engineer's Report c. Preparation, submittal and support of the Environmental Resource co Permit through SFWMD. (D d. Coordination with FWS E e. Preparation, submittal and support of the Site Development Plan permit through Collier County. Page 3 of 5 I Packet Pg. 948 1 V f. Obtain minor FDEP permits M09mme a. SDP Alternate Architectural Review Submittal Attend SDP Pre -Application meeting Prepare sealed Alternate Arch. Application and Letter Prepare sealed Alternate Architectural Submittal with Floor Plans, Roof Plans, Exterior Elevations, Color Samples. b. Prepare and Issue Building Permit Documents • Application and Affidavits • Sealed Code Data • Sealed Architectural Documents PE Sealed Structural Engineering Documents PE Sealed HV AC Engineering Documents PE Sealed Energy Calculations PE Sealed 61015 Documents PE Sealed Plumbing Engineering Documents PE Sealed Electrical Engineering Documents Reply to reviewer comments (1) Bid Phase Services A. Furnish Collier County Procurement Division with bid documents plans, bid tabulation forms, specifications and special provisions. B. Attend Pre -Bid Meeting. C. Weekly response to requests for information. D. Prepare addenda (if any). E. Review bids and make recommendation of award. V1 Post Design Services A. Pre -Construction Meeting (1) B. Progress Meetings onsite, once each month (14) C. Observe General Construction Progress, Field Reports, bi-weekly, (2 x14) D. Observe Specific Pool Construction Progress, ADE Field Reports (6) E. Reinforcing steel F. Equipment/Piping Progress G. Piping & Pressure Test H. Review Substantial Completion 1. Review Contractors Schedule and Shop Drawings J. Review Contractors Monthly Payment Applications (14) K. Review Contractors Change Order requests, as needed L. Respond to Contractors Requests for Information M. Punchlist & Substantial Completion meeting onsite (1) N. Certifications required for permit closeout 0. Review Closeout Documents and Warranties P. Review Contractor's As -Built Records Page 4 of 5 including CV) T11 N 0 0 00 E I Packet Pg. 949 Q. Update AutoCAD Record Document As -Built files R. Final Acceptance Meeting Onsite (1) S. 12-month Warranty Review Onsite, Report Vill Reimbursables A. Reproduction Charges B. Express Mail C. Delivery Charges D. Conference Calls The reimbursables shall be billed at actual cost with no mark-up and in accordance with Schedule B of the Agreement. Vill Allowance Allowance for unforeseen conditions and may be by approval of County Project Manager via a County approved Change Order/Amendment, whichever is applicable. IX Gymnasium Design Specifics of this task will be negotiated at a later date and added to the contract through an Amendment. Any additional fees associated with this task shall be approved by the Board of County Commissioners in advance of the rendering the services. X Public Outreach Specifics of this task will be negotiated at a later date and added to the contract via an approved Change Order/Amendment. Page 5 of 5 Packet Pg. 950 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 M payments to CONSULTANT in accordance with the terms stated below. Payments will be made 6 Z in accordance with the following Schedule; however, the payment of any particular line item noted L- (D below shall not be due until services associated with any such line item have been completed or 'a E partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made 0 (D upon the percentage complete. In no event shall such Time and Materials compensation exceed M the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not -To - Exceed Water Management, Site Fill Analysis, Amenities and Geotechnical $ 300,000 $ Road Design Connecting Phase 1 and Orange Blossom Ranch Access Road $ 78,028 $ Complete 60% Road Design of Orange Blossom Ranch Access Road $ 47,704 $ IV Permitting $ 150,250 $ V Bid Phase Services $ 25,901 $ vi Post Design Services $ 75,793 $ Vil *Reimbursables - $3,500 at cost and not -to -exceed $ $ Vill Allowance $68,000 $ IX Gymnasium Design $ TBD $ Total Lump Sum Fee $$745,676 $ Total Time and Materials Fee $ $ GRAND TOTAL FEE *includes $3,500 Reimbursables $749,176 $ Page 19 of 32 PSA Single Project Agreement 2017.010 Ver. I T11 04 I- I Packet Pg.��1771 310MME HCH EMIMCH.MaR IF"MIAMM. INAMINIMMIM0101TAIMI MEZRM My _EeMftMMM ------ . ..... aNnn-Mengs MINE I IN HINSIM15 —H '16 U, M.1 I M 1 W Mw -1 BE IMMMIMAIMMMMOM MO-121le" B.2.3. AM* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount M 6 to be paid to CONSULTANT for the performance of the Basic Services. There shall be no z (D 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 N 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 Service ' s required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. Page 20 of 32 PSA Single Project Agreement 2017.010 Ver.-t I Packet Pg. 952 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. W B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, 0 no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted 4- on CONSULTANT's letterhead and must include the Purchase Order Number and Project name C, 6 Z 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 -ro 0 the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the U) following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. Page 21 of 32 PSA Single Project Agreement 2017.010 Ver. 1 I Packet Pg.��377] 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. M Page 22 of 32 PSA Single Project Agreement 2017.010 Ver.1 Packet Pg. 954 SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate not applicable The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive, Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. El *Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. T 0 6 z 0 M E E 0 04 I- U co 0 0 04 Pr co Page 23 of 32 PSA Single Project Agreement 2017.010 Ver.1 Packet Pg.--�5 SCHEDULE C PROJECT MILESTONE SCHEDULE Task/item Description Cumulative Number of Calendar Days For Completion from Date of Notice to Proceed for Services under this Agreement Water Management, Site Fill Analysis, Amenities and Geotechnical 365 Road Design connecting Phase 1 and Orange Blossom Ranch Access Road 365 Complete 60% road design of Orange Blossom Ranch Access Road 365 IV Permitting 730 V Bid Phase Services 565 Vi Post Design Services 935 Vil Reimbursables 365 Vill Allowance 935 Ix Gymnasium Design 935 (L T 0 (D 4) .r- 4) 0 M 0 L) '. I 0 04 1- E cc Page 24 of 32 PSA Single Project Agreement 2017.010 Ver.1'' I Packet Pg. 956 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 0 services until the date of completion and acceptance of the Project bythe COUNTY oras specified z 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. T11 04 0 L) 0 04 Pr 00 Page 25 of 32 PSA Single Project Agreement 2017.010 Ver.1 I Packet Pg. 957 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY'for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the .2 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 0 Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material c' 6 breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Z 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. 0 Required by this Agreement? FE-1 Yes F-1 No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements r— b. Employers' Liability - The coverage must include Employers' Liability with a 00 4) minimum limit of $ 500,000 for each accident. U) The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. co 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained —r ment? [:]Yes * No 0 where applicable to the completion of the work. Required by this Agree 0 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. M Required by this Agreement? El Yes 5011 No N 13. COMMERCIAL GENERAL LIABILITY. Pr co Required by this Agreement? RE Yes R No (D E A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be .5 maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA Single Project Agreement 2017.010 Ver.1 I Packet Pg. 958 1 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 _aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non -contributory with respect to any other insuran ce maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? F-1 Yes FN� No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? El Yes FE-1 No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? RN Yes R No Business Auto Liability: Coverage shall have minimum limits of $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. M T11 N 0 0 N Pr co E 0 Page 27 of 32 PSA Single Project Agreement 2017.01,0 Ver.1 Packet Pg.��9771 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? R Yes MR N o Tech nology.Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? F-1 Yes MR N o CVber Insurance: Coverage shall have minimum limits of $ Per Occurrence 20. UMBRELLA LIABILITY. 6 A. Umbrella Liability may be maintained as part of the liability insurance of the z CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial -0 General Liability, and Automobile Liability coverages required herein and shall include all 0'- (D coverages on a "following form" basis. M B. The policy shall contain wording to the effect that, in the event of the exhaustion of any [5) 0 underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? FO-1 Yes F-1 No 0 its A. Professional LiabilitV: Shall be maintained by the CONSULTANT to ensure 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 14 aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the 0 CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. 0 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 a performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the .. N term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Pr co Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits E provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, In the event Page 28 of 32 PSA Single Project Agreement 2017.010 Yer.1" I Packet Pg. 960 1 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. 1: 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 0 and the COUNTY's insurance representative, to pursue the maximum credit available from the Z 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 0 W CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a a renewal occurs during the term of the project policy (and on any subsequent professional liability CM policies that renew during the term of the project policy), CONSULTANT agrees that any such 553 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 (D E 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. N 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. 0 6. Cost of professional insurance as a percent of revenue. U I nd omissions &_ 7. Affirmation that the design firm will complete a timely project errors a 0 application. C. If the COUNTY elects to purchase a project , professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants, as named insureds. END OF SCHEDULE D Page 29 of 32 PSA Single Project Agreement 2017.010 Ver. I I Packet Pg. 961 16.C.9.a F-1 This schedule is not applicable. SCHEQUILEE TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287,055, Florida Statutes, Q. Grady Minor & Associates, P.A. (company's name) hereby certifies that wages, rates and other factual unit costs su )porti he compensation for the p i services of the CONSULTANT to be provided under the Pro sion I Services Agreement, 11 t concerning " Big corkscrew Island Regional Park Phase 11 Design project is nccurat , complete and current as of the time of contracting. M BY: I \ % Mark Minor, P.E. TITLE: Preside it DATE: oq/o4-J/ Page 30 of 32 V- 04 r- PSA Single Project Agreement 2017.010 Ver.1 I Packet Pg. 962 1 16.C.9.a F-1 This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287,055, Florida Statutes, Q. Grady Minor & Associates, P.A. ( . company's name) hereby certifies that wages, rates and other factual unit costs rt' he compensation for the Siurpopf 0 1 1 Services Agreement, services of the CONSULTANT to be provided under the sion io concerning " Big Corkscrew Island Regional Park Phase 11 Design s t as of the time of contracting. project i /,, c u Ira t , complete and current BY: I \ % Mark W inor, P.E. TITLE: Presi&JtM DATE: 09/04/1 Page 30 of 32 T11 04 I - PSA Single Project Agreement 2017.0 10 Ver. I I Packet Pg. 963 1 SCHEDULEF KEY PERSONNEL Name Personnel Cateoory Percentage of -Time Mark Minor, PE Principal in Charge .25 Michael Delate, PE Senior Project Manager 15 Richard lbach Project Manager 22.25 Donald Sainenoy, PSM Professional Surveyor 2 Alexander Dunko, El Utility Engineer 4.5 Jeremiah DeForge, El Storm Water Engineer 6 Kathy Mace Senior Designer 30 Various Q Grady Staff Various 20 Page 31 of 32 PSA Single Project Agreement 2017.010 Ver. I I CV) T" 04 I- U 0 U 0 M Cy CI4 pr 00 (D E I Packet Pg. 964 Other: SCHEDULE G (Description) F-I following this page (pages through _) RN this schedule is not applicable Page 32 of 32 CV) 0 L) '. I 0 S 00 E M 0 PSA Single Project Agreement 2017.010 Ver.1' I Packet Pg. 965 QGPADYM-01 - D21CRUSHING [ DATE (MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 0 09/0512018 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License # L077730 CONTACT Kristle Wiegand NAME: AssuredPartners of Florida, Naples (PANONNE., E.* (239) 280-3615____ (A/C, No): (239) 261 -2803 8950 Fontana Del Sol Way Suite 300 Naples, FL 34109 L A­DmDAa1ESs: -kristle.wiegand@assuredparinersl.com INSURED INSURIER B: FCCI Insurance Companv_________ �10178 Q Grady Minor & Associates PA -1 _N SU R _ER C -:—M amu M -1 nd e m--n 1 t_y_C_ p Om 3800 Via Del Rey INSURER D: Bonita Springs, FL 34134 INSURER F: INSURER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDIL B POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER (MMIDDNYYY1 IMMIDPDMM.�__ LIMITS A X COMMERCIAL GENERAL LIABILITY EACH. 1,000,00i CLAIMS -MADE Fy' OCCUR I — 1 X GLU005673 04/0512018 0410-512019 -OCCURRENCE �D�l AMAGE TO RENTED RREMISES-(Ea occurrence) 100,00( $ X Contractual Liab MEDEXP(Any_o_neperso�____$____ —1 — PERSONAL &ADV INJURY _$ --- ------ 1,066,00( GEN'L GENERAL AGGREGATE 2,000,00( AGGREGATE LIMIT APPLIES PER: - POLICY X I YpcoT E] LOC PRODUCTS - COMP/OP AGG $ 4000,001: OTHER: $ B COMBINED SINGLE LIMIT 1,000,00( AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO CA100012461 04105/2018 04/0512019 -BODILY INJURY (PerRerson) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per_� X HIRED X NON -OW N Y oy ROPE -RTY TAMAGE rp-accIdent AUTOS ONLY AUTOS I�Dy A X UMBRELLA LIAB EACH OCC URRENCE 5,000,061 EXCESS LIAB i � L UMB100024445 0 14/05/2018 04105/2019 FAGGREGATE _$ $ 5,000,001 DED I X � RETENTION $ is B WORKERS COMPENSATION PER TH_ STATUTE ER AND EMPLOYERS'LIABILITY YIN OOIWC18AS7813 04/0512018 0410512019 __ _-LO ACCIDENT 1,_000,001 ANY PROPRIETOR/PARTNER/EXECUTIVE OFF15E MW&H EXCLUDE( NIA E.L. EACH - - ------ $ (Man a=k in E.L. DISEASE - EA EMPLOYEE 1,000,001 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,001 C Cyber Liability 1 IPFP603346301 0812212018 04/05/2019 Limit 2,000,001 C Profrrech E&O 'IPFP603346301 08122/2018 0410512019 Limit 2,000,001 DE CRIFTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) RM18-7279 Big Corkscrew Collier County Board of County Commissioners is included as Additional Insured for General Liability on a primary and noncontributory basis including both ongoing and completed operations if and to the extent required by written contract per form CGL 084 (10 13). Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE & U�" 1L .2 CV) 0 z E (D 'D E 0 CD E CD E 0 co cm 04 ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I Packet Pg.��677] Fi�. C. 9 7-a Policy # GL0005673 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 5UHhUULh I Name of Additional Insured Persons or Organizations I (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) required to complete this Schedule, if not above, will be shown A. Section 11 — Who Is An Insured is amended to include as an additional insured: 1 . Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", .1 property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your worW' performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. M T11 04 CIA I Packet Pg. 967 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law, 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3, Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or 11 personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: M 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: W E 1. Required by the contractor agreement described in Paragraph A.1.; or 0 2. Available under the applicable Limits of Insurance shown in the Declarations; U) whichever is less. T11 N This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV — Commercial General Liability Conditions is 2manded as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance, However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission, Page 2 of 3 Copyright 2013 FCCI Insurance Group. I Packet Pg. 968 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. M T" N CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. I Packet Pg. 969 FIRST AMENDMENT TO AGREEMENT #18-7279 FOR BIG CORKSCREW ISLAND REGIONAL PARK PHASE 11 THIS AMENDMENT, made and entered into on this 114-� day of JVIV 2022, by and between Q. Grady Minor & Associates, P.A (the "Consultant") and Colldr County, a political subdivision of the State of Florida, (the "County" or "Owner") (collectively, the "Parties"): WHEREAS, on September 25, 2018, Item 16.1). 12, the County entered into an Agreement with Consultant (the "Agreement") to procure professional engineering services for the design and construction of the "Big Corkscrew Island Regional Park Phase ll;" and WHEREAS, the Parties desire to amend the Agreement to add design services for the Gymnasium in accordance with Section IX of Exhibit A of the Agreement and add the associated fees for those services, including design options to provide for potential hardening of the structure as a hurricane shelter; and WHEREAS, the Parties propose to further amend the Agreement to allow for Time and Material Fees in Article Five of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Words StFuek Thr- are deleted; Words Underlined are added I . Parties agree to include and incorporate attached Exhibits A- 1, and 13- 1 as part of the duties and obligations in in performing under this Agreement. 2. Allow for Time and Material Fees to be charged through this Agreement. 3. All other terms and conditions of the Agreement, unless modified through this First Amendment, shall remain the same. "Remainder of this page left blank intentionally" [22-PRC-04923/1727021 /I ] Page I of 2 10 FPacket Pg. 970 IN WITNESS WHEREOF, the Pat -ties hereto, have each, respectively, by an authorized person or agent, have executed this First Amendment on the date and year first written above. ATTEST: Crvstal K.KinzaLiClerk of Circuit Court BOARD OF and C oller co U-/J-JU By: I — AM-40- Dated: 7 zc2-,-Z-- (SEAL) I �—' figiows stod Wwas to �%natws- only Conti,actor's Wiffiftses: First Witness WAnz-a's wame: Will CONTR. Q. Grad By: Si Ma T'rylle, Date SSIONERS Rl - . . - - . 1 -1 - L. McUantejjr., Unair r MAssociates. P'.A. W. Minor, P.E.. 486idef%d titlet 1-11 -Z ovt Appr d to orm and lity: g 04 Assistant County Xttorney �VnAJJT —�o mq6�o T-fintl�arne 0 Jq T" C14 [22-PRC-04923/172702 1/1) Page 2 of 2 F—Packet Pg. 971 SCHEDULE A- I SCOPE OF SERVICES Athletic Facility (Gymnasium Design) Below is a list of service tasks provided as part of this First Amendment. Services I -10 will be provided bv our sub -consultant Victor Latavish. AIA, who is currentiv Architect of Record for the other buildings 0 in Phases I and 2. GradyMinor will manage the architect and perforiii services I I and 12. 1. Approximately 2 1,000 sf to 23,000 sf enclosed area z a. One-story Structure 0) b. Assembly Occupanc,- Interior features similar to North Naples Regional Park facility a. Lobby with Vestibule and automatic entrance doors b. Gymnasium with wood floor, folding bleachers, basketball courts c. Fitness Center with resilient flooring , mirrors, sanitation station d. Lockers, Showers, Restrooms, Custodian e. Multipurpose Meeting Room f Office(s) g. Storage Room(s) h. IT Equipment Room 1. Mechanical and Electrical Equipment Room Code Compliance and Life Safetv Svstems a. ADA, FBC, and NFPA 10 1 Life Safetv Code mandated features W b. NFPA 72 Fire Alarni system CIA c. NFPA 13 fully automatic Fire Sprinkler system r- d. NFPA 10 Fire Extinguishers e. NFPA 10 1 Emergency lighting Technology Systems a. Building Automation System i, BACnet HVAC Controls ii. BACnet Lighting Controls b. Access Control Svstem c. Data connectivity throughout d. Surveillance cameras e. Additional WIFI and electric outlets, spacing TBD f. TV and teleconference connections g. Other similar IT features deten-nined during Programming General Construction including but not limited to the following: a. Earthwork, fill, compaction, soil treatment, vapor barrier b. Reinforced concrete and masonry c. Structural steel and misc steel fabrications d. Casework, countertops, misc wood framing and blocking e. Insulation, roofing, sealants. fire -stopping, smoke control f Impact rated doors, frames, hardware, windows, louvers Page I of 7 Packet Pg. 972 g. Light gauge metal framing, gypsum board, paint, cement board, ceramic tile, floor finishes, base, ceiling systems, cement plaster h. Exterior signs, interior room and wayfinding signs, toilet and shower accessories, plaques, markerboards, tackboards, bulletin boards. i. Athletic equipment including basketball court striping, back boards, nets, wall padding and other similar features. .0 J. Plumbing including lavatories, sinks, water closets, showers. mop sink, wall hydrants, hose M bibbs. water coolers, dispensers. k. HVAC including equipment,, ductwork, and controls 0 1. Electrical including switchgear, lug connection for temporary standby generator, convenience outlets, interior LED lighting, exterior building mounted LED lighting. z m. Surgc protection, bonding, and lightning protcction. n. Building automation systems for lighting, HVAC, and door access o, Other work required for permits and codc compliance 0 6. Design Options: a. Facility hardened to withstand 225 mph ultimate wind velocity i. Components, cladding, fenestration, opening protection ii. Roof system and deck iii. Structural upgrades for walls, columns, roof framing b. Upgrade to Hurricane Shelter i. Essential facility designation ii. Assembly occupancy SCOPE OF A/E SERVICES Predesign and Programming Services a. Predesign meetings with County staff (3). b. Design Program C14 r- I . Tabulation of proposed approximate building areas C14 ii. Anticipated fitriess equipment iii. Anticipated occupant loads X iv. Specific County requirements to be included in the design. 1. County Vertical LLI Standards Count), Information Technology Standards U_ Deliverable: Design Program 2. Preliminary Design (30%) a. Coordination with Site Plan b, Preliminary Floor Plan c. Preliminary Roof Plan d. Preliminary Elevations e. Preliminary Finish Schedule f Progress Meetings Nvith County staff (3) g. SDP Pre -application Meeting (1) h. Preliminary opinion of probable construction cost (OPQ Deliverable: 30% submittal Design Development Plans (60%) a. Incorporate I -set of client 30% revie-vv comments into documents Page 2 of 7 F Packet Pg. 973 b. Further development of Plans and Elevations c. Progress meetings with County staff (4) d. Occupant and egress calculations c. Plumbing fixture calculations f. Design Development Life Safety Plan g. Design Development Building Sections .2 h. Design Development Wall Sections M i. Design Development HVAC Plan i . Design Development Plumbing Plan 0 k. Coordination with Civil Engineering and landscape design ce) 1. Coordination with anticipated Structural and MEP systems. 6 in. SDP Alternate Architectural Review Submittal z i. Exterior color selections 4) ii. Color rendering 0 n. Design Development OPC 4) rn Deliverable: 60% submittal 4. Contract Documents (90%) a. Progress Meetings with Count), Staff (4) b. Incorporate I -set of client 60% review comments into documents E c. Architectural Design i. Building and Fire Code Data (D E ii. Life Safetv Plan iii. Floor Plan iv. Ceiling Plan 0 v. Roof Plan CO vi. Exterior Elevations vii. Finish Schedule 04 viii. Door, Window. and Louver Schedules ix. Accessory Schedule x. Detailed Restroom, Locker, and Shower Plans xi. Building Sections X xii. Wall Sections 2, xiii. Door, Window, and Louver Details U_ xiv. Floor, Wall. and Ceiling Finish Details xv. Accessibility Details xvi. Interior Elevations xvii. Casework Elevations and Sections xviii. Shower Details xix. General Provisions E xx. Architectural Specifications draft d. Structural Engineering E i. Structural Notes ii. Wind Pressure Data and Diagram iii. Foundation Plan iv. Roof Framing Plan C14 Ir v. Foundation, Column. and Beam Schedules vi. Structural Sections vii. Structural Details 4) E viii. Structural Specifications draft e. Plumbing Engineering Page 3 of 7 F Packet Pg. 974 i. Plumbing Notes and Fixture Schedules ii. Plumbing Plan iii. Sanitary Riser Diagram 0) iv. Domestic Water Riser Diagram v. Plumbing Details vi. Plumbing Specifications draft .2 f. HVAC Engineering M i. HVAC Notes and Equipment Schedules ii. Energy Calculations 0 iii. HVAC Plan M iv. HVAC Details 6 v. HVAC Controls Sequence of Operation z vi. HVAC Specifications draft g. Firc Protection Enginccring 0 i. Partial Site Plan with Point of Connection and Riser 0 M ii. Fire Protection Plan Nvith head layout iii. Fire Protection 6 1. G. 15 Documents iv. Fire Riser Diagram v. Fire Protection Specifications draft CU h. Electrical Engineering i. Electrical Notes and Details E 11 , Load Calculations III . Panel Schedules E iv. Electrical Riser Diagram v. Electrical Plan vi. Lighting Plan 0 vii. Light Fixture Schedule Cn viii. Electrical Specifications i. Fire Alarm 6 I.G. 15 Documents C14 i. Fire Alarm Plan with FA appliances and devices 04 ii. Fire Alarm Riser Diagram iii. Fire Alarm Specifications draft X Technology Plan Lu i. Technology Site Plan ii. Technology Plan with device locations LL 1. Equipment Rack 2. Data and Communications 3. Wireless Access Points 0 a 4. Surveillance Cameras 5. Code Blue and Duress Alarms 6. Door Access Controls E 7. Door Contacts iii. Technology General Provisions Specification draft k. Update Opinion of Probable Construction Cost Deliverable: 90% Submittal Construction Documents a. Incorporate I -set of client 90% review comments into documents b. Progress Meeting with Owner (1) c. Prepare final Specifications Page 4 of 7 F Packet Pg. 975 i. Architectural Specifications ii, Alternate Bid Schedule, if applicable iii. Civil. Structural, FP. FA, and MEP Engineering Specifications iv. Technology and BAS System Specifications v. Color and Material Schedule vi. External Appendices .0 1. Geotechnical Report 2. Florida Product Approvals and NOA documents 3. Structural Threshold Inspection Plan 0 4. Collier County Vertical Standards M 5. Collier County IT Standards 6 z Incorporatc I -set of client 100% review commcnts into spccs L_ Deliverable: 100% Design Documents Building Pen -nit Phase Services a. Prepare and Submit Electronic Building Pen -nit Application b. Prepare and Submit Affidavits and Deferred Submittal documents c. Architects Sealed Permit Documents d. PE Sealed Structural Engineering Documents e. PE Sealed HVAC Engineering Documents f, PE Sealed Energy Calculations g. PE Sealed Plumbing Engineering Documents h. PE Sealed Electrical Engineering Documents i. Threshold Inspectors license and contract J . . Threshold Inspection Plan k. Respond to reviewer comments T_ Deliverable: Permitted plans C14 r- Iq 7. Bid Phase Services a. Issue plans and specifications to Procurement Department x b. Prepare recommended Bid Schedule LU c. Attend Prebid Meeting (1) d. RFI responses on wcekIv basis (4) U_ e. Prepare or review addenda f Issue letter to GMD to release permit to Contractor 8. Construction Administration Services (est 8 months) a. General Construction Administration i. Review Contractors Schedule of Values ii. Review Construction CPM Schedule ill. Shop drawing pre -submittal meetings (2) iv. Shop drawing reviews , up to 2 reviews per trade, v. RFI replies, weekh vi. ASI instructions vii. Review Contractors Payment Certificates, monthly viii. Certificate of Substantial Completion b. Construction Phase Progress Meetings i. Attend preconstruction meeting (1) ii. Attend progress meetings, bi-weekly (16) c. Closeout Phase Services Page 5 of 7 - C� Packet Pg. 976 i. Attend punchlist meeting onsite (1) ii. Attend Substantial Completion Meeting onsite (1) iii. Attend Final Completion Meeting onsite (1) iv. Review Warranty, Operation, and Maintenance Manuals v. Review As -Built Record Documents 9. Threshold Inspections a. Structural Engineers Inspections (20) b. Sealed Reports delivered to Building Official c. Sealed Closeout Report 10. Design Options: a. Hardened Building Design i. Preliminary Design based on FBC and ASCE criteria ii. Preliminary Wind Pressure Calculations and Diagrams iii. Preliminar­�Y Wall Section and Roof Framing Plan iv. Preliminary Evaluation of cladding, component, fenestration, opening protection. and roof assemblies v. Preliminary OPC for upgraded structure b. Hurricane Shelter Upgrade i. Preliminary Design based on [CC-500/NSSA Standard for the Design and Construction of Storm Shelters and includes: 1. Predesign Meeting (1) with Facilities Staff 2. Predesign Meeting (1) with Facilities and Stakeholders 3. Preliminary Design Criteria including BFE study 4. Preliminary Site Plan including evaluation of site hazards, emergency access, flooding, lay -down hazards, debris. 5. Preliminary Shelter Floor Plan and Roof Plan 6. Preliminary Shelter Exterior Elevation 7. Preliminary Wind Pressure Calculations and Diagrams 8. Preliminary Wall Section and Roof Framing Plan 9. Preliminary Evaluation of cladding, component, fenestration, opening protection. and roof assemblies 10. Preliminary Evaluation of domestic water & sanitary services 11. Preliminary Emergency Generator design 12. Preliminan- OPC estimate for ICC 500 standard upgrades c. Storm Shelter Construction Documents: Upon written approval of Preliminary Storm Shelter Design, incorporate ICC-500 required features into proposed Architectural and Engineering Building Systems. Proposal includes ICC-500 requirements to the extent possible or approved otherwise by ICC or the local AHJ. 1 1 -500 required documents: i Proposal includes preparation of site specific ICC 1. ICC design criteria information and signage 2. Quality Assurance Plan 3. Contractors statement of responsibility 4. Owners statement of responsibility 5. Guidance for Owners Preparation and Emergency Operations Plan as it relates to the proposed shelter d. Storm Shelter Permit Documents for ICC-500 Compliance: In addition to local AHJ approvals, Code requires an independent third -party peer review by licensed design professionals. i. This proposal includes submittal of plans and specifications directly to ICC for review by licensed ICC plan review staff, independent of review by GMD and local AHJ. Page 6 of 7 0 a T_ C14 r- Iq 04 FPacket Pg. 977 ii. ICC plan review fees are not included in the design fee and will either be paid as a separate reimbursable expense or paid directly by Collier County. iii. This proposal includes coordination that may be necessary to obtain ICC and local AHJ approval, e. Storm Shelter Construction Services, ICC-500 specific: i. ICC-500 specific special Inspections or documentation of certifications of fabricators and product assemblies. ii. Documentation of Listing and Labeling of impact -protective systems during submittal reviews. iii. Architectural, Structural, Plumbing, Fire Protection, HVAC, and Electrical observations required by QC plan to detennine compliance. 11. Site Plan Coordination (Civil) Coordinate Architectural Plan with site civil Coordinate MEP connections with final plans (fire, domestic, sewer and roof drains) Coordinate FPL Project coordination with Architect, County and Contractor Building Foundation Planting Plan and Irrigation Design Plan modifications and adjustments for final building, utility connection locations and ingress/egress SDPA application to Count), GMD for final building Deliverable: SDPA permit 12. Closeout Phase Services (Civil) Attend punchlist meeting (1) for site related items not covered in original contract Prepare Record Drawings Coordinate Utility Acceptance Coordinate Site Acceptance Page 7 of 7 .2 0 a T_ C14 r- Iq �NL F Packet Pg. 978 SCHEDULE B-1 BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS 8.1.1. 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.2.11, 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. 1 Pre -Design Services $ 8,400 2 30% Preliminary Plans $ 61,100 3 60% Design Development $105,700 4 90% Construction Documents $148,900 5 100% Construction Documents $ 29,800 6 Building Permit Phase $ 4,760 7 Bid Phase $ $ 3,680 8 Construction Administration $ $120,320 9 Threshold Inspection (Architect) $ $ 16,200 11 Site Plan Coordination (Civil) $ 48,230 $ 12 Project Closeout (Civil) $ $ 22,300 R Reimbursable Expenses $ $ 400 1-9,11,12 Potential 5% mark-up for subcontractor $ $ 24,910 10A Optional - Preliminary Design - Hardened Structure $ 18,400 $ 10B Optional - Preliminary Design- Hurricane Shelter $ 34,800 $ 1OC-E Optional - Hurricane Shelter Design through Construction $ $ 94,700 R-0 Optional - Structural Review $ $ 19,500 10 Optional - 5% mark-up for subcontractors $ $ 8,370 $ $ .2 T11 C14 PSA—CCNA Single Project Agreement [2022_ver. 1] F Packet Pg. 979 $ Total Lump Sum Fee $ 460,090 Total Time and Materials Fee 10,380 $ 770,470 GRAND TOTAL FEE B.2.2. Fm�* Time and Material Fees: The fees noted in Section B,2,11. 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. Q W .r- CU a 0 cu L- 0 4- M V.- 04 r- 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 Ir 00 task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. E PSA-CCN A Single Project Agree ment [2022_ver, I] -0 Packet Pg. 980 B.2.3. Fm * 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 .2 provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall :5 be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall M comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services 0 without the COUNTY's prior written approval. M B.2.5. The compensation provided for under Section B.2.1 of this Schedule 8, 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 0 0 shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a 4) co form and manner required by the COUNTY. CM r*- B.3.1.1 Payments will be made for services furnished, delivered) and accepted, upon receipt and Iq C4 approval of invoices submitted on the date of services or within six (6) months after completion of contract. 0 Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under 4) X the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to W the timely submission of invoices under this Agreement. 2, B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no U_ 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. CY 8.3.3. 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, �s U) 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 N markup of five percent (5%) on the fees and expenses associated with such subconsultants and Ir 00 subcontractors. B. 3.4. 1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the E Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: PSA—CCN A Single Project Agreement [2022_ver.1] ' 0 Packet Pg. 981 B.3.4.1.1. Cost for reproducing documents that exceed the number of documents CD described in this Agreement and postage and handling of Drawings and Specifications. r- 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 .2 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 6 Z advance and in writing by the COUNTY, E 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. V.- cm r- [END OF SCHEDULE B] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK E El PSACCNA Single Project Agreement [2022 ver. 11 --- 10 F Packet Pg. 982 SCHEDULE B-1 - ATTACHMENT 1 RATE SCHEDULE Title Hourly Rate Principal $206 Senior Project Manager $172 Project Manager $147 Senior Engineer $157 Engineer $123 Senior Inspector $96 Inspector $76 Senior Designer $114 Designer $94 Clerical/Administrative $62 Surveyor and Mapper $120 CADD Technician $81 Survey Crew - 2 man $130 Survey Crew - 3 man $161 The above hourly rates are applicable to Time and Materials task(s) only, The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. [-I Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. .2 0 4- F Packet Pg. 983 SECOND AMENDMENT TO AGREEMENT #18-7279 BIG CORKSCRE W ISLAND REGIONAL PARK PHASE 11 THIS AMENDMENT made and entered into on this (date), by and between Q. Grady Minor and Associates, P.A (the "Consultant" and/or "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County") (collectively, the "Parties"): WHEREAS, on September 15, 2018, (Agenda Item 16.1), 12), the County entered into Agreement #18-7279 "Big Corkscrew Island Regional Park Design Services for Phase 11" (the "Agreemenf') with Contractor to provide professional engineering services for the design and construction of the Big Corkscrew Island Regional Park Phase 11 for a total lump sum amount of $749,176.; and WHEREAS, on July 12, 2022, (Agenda Item 16.C.3), the First Amendment to the Agreement was executed to add design services scope for the Gymnasium and associated fees totaling $770,470 as allowed by the Agreement, and for the approval of Change Order #2 to the Agreement for additional post design services in the amount of $212,079 to support the phased bid development, and to increase the number of days by 1095 needed for completion of those services; and WHEREAS, the Patties desire to further amend the Agreement to add enhanced design services for the full signalization to the intersection of access road for the Oil Well Road and the 0 South Entrance Road to the Park, and to update Schedule B, Basis of Compensation to reflect all U fees previously approved under this Agreement and fees for the services added through this Second Amendment. T- N NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this Second Amendment as if fully set forth herein, 2. Schedule A, Scope of Services, is hereby amended as reflected in this Second Amendment. 3. Schedule B, Basis of Compensation, is hereby amended as reflected in this Second Amendment. 4. All other terms and conditions of the Agreement, as previously amended, shall remain the same. Page I of 7 Second Amendment to Agreement # 18-7279 Packet Pg. 984 IN WITNESS WHEREOF, the Parties haNIC CXCCUtCd this Second Arneiidinciit by an authorized person or agent on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (S EA L) Colitractor's Witnesses: 6i L� - '4�� First Witiless/ 0 (,A4)bj \j—, D L"yl e-e—' TTY e/R-ilit -witriess riame'Al to r�d -W i & s � I M-'be 6 A, SO-C Al Type/prh triess riameAl BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairmaii CONTRACTOR: Q. GRADY MINOR AND ASSOCIATES, P.A. By: S igiiature -'rType/15ritit, sigriature mid titIeT Date Approved as to Form atid Legality: Assistwit Comity Attoniey Pritit Name Page 2 of 7 Secorid Ameridmerit to Agreemerit # 18-7279 r r 0 6 z E 0 (D E E 0 U 04 d E E U 0 Cn Cn rl- 00 E U m - ol() FPacket Pg. 985 Words Strueli Thr are deleted; Words Underlined are added SCHEDULE A SCOPE OF SERVICES Water Management, Site Fill Analysis, Amenities and Geoteelinical: C. Park Amenities a. Pre -design and progress meetings. b. 30%, 60% and 90% submittals of design and plans including but not limited to the following: Pathways and Trails connecting Phase I Provide utility connection for future Multi -Purpose Indoor Sporting Facility Baseball/Softball Complex with four collegiate fields as a minimurn Outdoor Event Area Parking Lake Configuration (may include fountains) Picnic Pavilions Restrooms and concessions Multi -purpose fields (2) Coordinate/process/fol low up on all ROW issues with all stakeholders X1. Intersection of Oranee Blossom Ranch Access Road and Oil Well Road A. Traffic Dernand Summation and Design Needs Study (Traffic Study) a. Obtain existing traffic data on file with Collier County that will be helpful to our work efforts! b. Usina the ITE Trip Generation Manual, establish the appropriate land use codes for determining the ad I acent land uses' total traffic for AM peak hOUr and PM peak hours and peak season conditions. c. Determine the appropriate off -site proiect traffic circulation patterns within proximity of Park Boulevard and establish the background east/west traffic along Oil Well Road. d. Forecast future turning movements at the subject intersection as well as at other adjacent intersections serving nearby land uses. Page 3 of 7 Second Amendment to Agreement 418-7279 T" Cm I ­ Packet Pg. 986 e, Evaluate the subiect intersection and other ad'acent intersections in order to establish the needed intersection geornetry and turn lane lengths. f. Prepare a report (i.e., Traffic Demand Summation and Design Needs Study) which will contain findings and conclusions associated with completing Tasks XI.A.a thru XI.A.e. 2. Submit to Collier County Transportation for review. Modify accordingly. B. Signalization Design re sienalizati011 Dians in conformance with the Traffic Studv. CDOT and MOT standards ine.ludim the following: • Pedestrian Features on Signal Designs • Signal Dcsians with Electrical and Prop-ramining Details & Quantities • Pedestrian Features on Final Signal D��ns - Pole (including mast arms) Signal DesigLis - Develop Proiect Special Provisions for CDOT review - Develop Quantities total for CDOT review - SUE for utilities in vicinity of pole work area • Soil Borings for pole design • Survey of identified Underground utilities, topography and boundaries • Handholes, conduits, access control for future connections • Electric drop • Signne & Pavement MarUw b. Preliminary Design and coordination with County and review of Traffic Study. c. 30% Plan review d, 90% Plan review e. Permitting through Collier County ROW and GMD f. Final plans based on changes incorporated dUring permit review C. Final Desi&n Final design of the turn lanes and entry drive accommodating changes as result of Traffic Study and Signal Design. Permitting through Collier County Right of Way and CDOT . This task includes separating out the bid plans. Prepare engineer's opinion of probable construction costs (OPQ for both phases (modifying OPC for the current road to separate out 2A/2E phases and adding the signalization work). D. Post Design Services a. Bid Documents and Bidding. -Prepare bid d euments. - Review with County. - Provide copies of plans and specifications for bidding to COL111ty. - Answer bid questions, as necessary. Page 4 of 7 Second Amendment to Agreement # 18-7279 r_ T 0 6 z L- (D E 0 (D E E 0 T" C*4 I- 0; E I Packet Pg. 987 1 Includes pre -construction, construction and permit close out assistance. Set up and attend ROW pre -construction inecting. Visit site three (3) tinies during construction and at substantial completion of the prolect, Assist Collier County in closing out ROW permit. XI. Intersection of Oraime Blossom Ranch Access Road and Oil Well Road (COST BRE AKDOWN) Task Description Fee Type A Traffic Study $7,339.00 T&M B. Simnalization Desian $4�8 060.00 T&M C. Final Design $21,448.00 T&M D. Post Design $10,616.00 T&M R. Reimbursables $1,000.00 T&M TOTAL $88,463.00 Page 5 of 7 Second Amendment to Agreement # 18-7279 T" 04 I- Iq PIC I Packet Pg. 988 Words Strue i'Fitroug! are deleted; Words Underlhied are added SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS 13.11A. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part ol 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.2.11. 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 LumpSum Time and Materials Not -To - Exceed I Water Management, Site Fill Analysis, Amenities and Geotechnical $300,000 $ 11 Road Design Connecting Phase 1 and Orange Blossom Ranch Access Road $78,028 $ III Complete 60% Road Design of Orange Blossom Ranch Access Road $47,704 $ IV Permitting $150,250 $ V Bid Phase Services $25,901 $ V1 Post Design Services **addifional funds added through Change Order #2 $75,793 $212,079.00** Vil *Reimbursabies - $3,500 at cost and not -to -exceed $ $ Vill Allowance $68,000 $ Ix Gymnasium ***See Schedule B-1 under First Amendment for cost $T-BQ $460,090*** $310,380*** breakdown X1 Intersection of Orange Blossom Ranch Access Road and Oil $ $87,463 Well Road XI. R Reimbursables $ $ 1 �OO 0 Total Lump Sum Fee $745-,6-7-6 $-1209,266 Page 6 of 7 Second Amendment to Agmement 9 18-7279 r- LM 0 2:! M 6 Z E 0 0 tM E E 0 U 0 co 04 E E U 0 Cn Cn rl- cli 'Ir 00 E U a Packet Pg. 989 Total Time and Materials Fee ���1610,922 GRAND TOTAL FEE V49,47-6 $1,820,188 B.2.2. M* Time and Material Fees: The fees noted in Section 8.2.1. 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. B-2.3. M* 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 E 0 agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services U 0 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 N 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 13, 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. 1326. 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. Remainder of language following Section B. Z 6 on Schedule B remains unchanged Page 7 of 7 Second Amendment to Agreement 418-7279 FPacketpg. 990 Procurement Services Coler County Change Order Form F-1 Contract Modification 7 Work Order Modification El Amendment Contract #: 1 18-7279 Change#: Purchase Order#: 1 4500191044 Project #: 1 80039 Contractor/Firm Name: Q Grady Minor & Associate ContractlProject: Big Corkscrew Island Regional Park Phase 11 I F Project Manager Name] Dave Closets, PE, PMP Division Name: I Facilities Management Current BCC Approved Amount $ 749,176.00 9/25/18 16D12 Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $ 749,176.00 5/7/2021 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 0.00 0.00% Total Chanae from Oriainal Amount Revised Contract[Work Order Total $ 749,176.001 0.00% Change from Current 6CC Approved Amount Cumulative Chan2es 1 $ 0.0011 0.00% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change NoticetoProceed 10/15/18 Original Last Approved Revised Date Date I I Completion Date Date (includes this change) #of Days Added 1 180 Select Tasks Add new task(s) El Delete task(s) 0 Change task(s) El Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. 1. The Big Corkscrew Island Regional Park Phase H had pending wetland permits with the US Army Corp of Engineers(ACOE) and on December 15. 2020 the ACOE delegated the wetland permitting responsibilities to the Florida Dept. of Environmental Protection(FIDEP). Since the County's wetland permits were not processed before the transition, the County/Qgrady will have to reapply for all the wetland permits with the FDEP and coordinate the storm water management system with adjacent properties/owners. This change order requests to utilize the design allowance in Task 8 to reapply for the required permits and coordination efforts required for the storm water management system. This Time and Material Change Order requests to utilize Task 8 allowances in the amount of $66,416 and adds an additional 180 days with NO increased to the Board approved design costs and adds 19% in additional time. The Task 8 Allowance of S68,000 will be reduced to $1,584. A stop work order was placed on April, 16. 2021 in order to process this change order that only has 21 days remaining on the contract. 2. The change in the regulatory requirements were an unforeseen condition that had occurred after the contract was awarded and would not have been known at the time of the award of the original contract. 3. If this change order is not completed, the County will not have the necessary wetland permits to construct Big Corkscrew Island Regional Park Phase 11. Digitally signed by ClosmDave ClosaisDavel)ale: 2021�06.10 Prepared by: 10:39:41 -04'00' Date: Dave Closas, PE, PMP, Senior Project Manager, FMD CU IL IL W L) 0 4— cl) 6 Z E 0 (D E E 0 U) CN Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The r_ adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor f Vendor / Consultant f (D E Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Revised: 10/2812014 (Divisions who may require additional signatures may include on separate sheet-) PROCUREMENT USE ONLY BCC Admin ra��C_ I Packet Pg. 991 Digitally signed by Al- Al- bahouAyoub Date: 2021-06 14 Accepted by: bahouAyoub 15,22:35 -04'0*0' Principal Project Manager: Ayoub a[-Bahou, PE, Facilities Management Division Procurement Services Change Order Form Page 2 of 2 Date: Digitally signed by Michael J. Delate, PE Date: 2021.06.14 Approved by: 10:08:33 -04'00' Date: Q Grady Minor & Associates, P.A Digitally signed by WilliamsBarr Willi,M,B,.Y Date., 2021.06.22 Approved by: Y 16:22:43 -04'09 Date: Division Director: Barry Williams, Director, Parks and Recreation Approved by: Schneeberge �gt�lly �ql�l ly rSara D- 2021,07,01 09 18 38 -04'00 (Procurement Professional) Date: M V- CN Revised: 10128/2014 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin BCC Packet P GradyMinor Civil Engineers * Land Surveyors * Planners * Landscape Architects March 2, 2021 Mr. Dave Closas, P.E. Collier County Facilities Management 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356 RIE: Big Corkscrew Island Regional Park Phase 2 Collier County Contract No. 18-7279 Amendment No. 2 Water Management Coordination Dear Mr. Closas: As we have discussed, the US Army Corps of Engineers (COE) has delegated Federal wetland permitting to the Florida Dept. of Environtnental Protection (FDEP) effective December 15, 2020. We had the pending application for this project with COE; however, COE was unable to process the application in time prior to delegating authority. In discussions with COE and FDEP staff, we have been informed that the project will need to be re -applied as if it was a new permit application. Our biologist sub -consultant has provided us with a fee to initiate the application process with FDEP and to finalize the application process. Further, in order to obtain the FDEP permit a water quality certification from SFWMD is needed. The stormwater management part of the project has been on hold pending formal approval of a joint stormwater management system with the adjoining property owners (Collier County Public Schools and Orange Blossom Ranch). That process has recently been reinitiated by Collier County. We will need to assist in coordinating finalizing that along with modifying the permits of each of their projects in order to obtain the SFWMD permit/water quality certification. Our contract has allowances for unforeseen conditions. The regulatory change could not have been anticipated. Additionally the permitting challenges brought about by the challenges in the SFWMD permitting process could not have been anticipated. Based on this we are requesting that $66,416 of the $68,000 in the allowances be reallocated to the pennitting task. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239-947-1144 e Fax. 239-947-0375 EB 0005151 9 LB 0005151 e LC 26000266 www.p-radyminor.com M N 17, 00 E U M -W Packet Pg. 993 Mr. Dave Closas Big Corkscrew Island Regional Park Phase 2 March 2, 2021 Page 2 of 2 SERVICES FEE SCHEDULE: TASK DESCRIPTION BUDGET FEE & TYPE I . SFWMD Assistance $24,092.00 Time & Material 2. FDEP Federal Permitting* $42,324.00 Time & Material TOTAL $66,416.00 Time & Material *Subconsultant fee = $36,300 Thank you for your assistance with this matter. Very truly yours, Michael J. Delate, P.E. Sr. Vice President MJD/ M T-- 04 17, 00 E U 2 G:\AdmmMarketmg\PROPOSAL\C\CollierCounty\18-7279 BCIRPPh2\ContractNegotiations\FDEP-SFWMDMod\DC10118 FDEP and SFWMD Pe final 3 -2-2 I.docx ... Packet Pg. 9947 (11 Ose4d dMOS UBISSP 611188ul Bus IeUOMPPOIOJ CON IOPIC) 86ueqD Pue 4USIPUOWV PUO08S m LZLn) L#07APwf)6-6LZL-8L 4-10MV On zi On LU LU cli 0 z 0 LU > Lu Lu cli LU LU cc� co Ir = - �2 0 LU cc LU cli Lu LU z LU c- 0 LU LU LU LU z (D z !2 Z LU 030 LU LU LU z LU 0 CL 0 z Cc w LU z 0 LL, LU t= d z z LU of LU LL, > z Lu ji Lu =D LLJ C3 LU < m z z co Z, CL CL co w w U) Procurement Services ounty Change Order Form El Contract Modification El Work Order Modification Contract #: Change#:L= Purchase Order #: 1 4500191044 Project #: 1 80039 Contractor/Firm Name: Q Grady Minor & Associates, PA Contr-acVProject: I Big Corkscrew Island Regional Park Phase 11 Project Manager Name: Dave Closas Division Name: I Facilities Management Original ContractfWork Order Amount $ 749,176.00 Current BCC Approwed Amount $ 749,176.06 Current Contr2ct[Work Order Amount $ 749,176-00 Dollar Amount of this Change $ 212,079.00 Re,Ased Contract/Work Order Total $ 961,255-00 Cumulative Chanaes $ 212.079 On 9/25/18 16D12 Original BCC Approval Date; Agenda Item # 9/25/18 16D12 Last BCC Approval Date; Agenda Item # SAP Contract Expiration Date (Master) 28.31% Total Change from Original Amount 28.31% Change from Current BCC Approved Amount - 28.31% Chanqe from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Data Date Completion Date Date (includes this change) # of Days Added Select Tasks Add now task(s) E] Delete task(s) E] Change task(s) E] Other Provide a response to the following: 1.) detailed and specific explanationlrationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not Included In the original contract; and, 3.) describe the Impact if this change is not processed. Attach addifional information from the Design Professional and/or Contractor if needed. *This Project is currently on a stop work notice with 9 days remaining. Change Order #2 allows the County to incorporate BCIRP's Phase 2 design requirements to add additional PUD utilities and wells, canal maintenance access roads and box culvert to meet the County's intentlope rational requirements and Orange Blossom developer agreement- In coordination with Parks and Recreation Division, Growth Management Department, Facilities Management Division and Public Utilities Department have determined the above required design changes are required. A phasing plan is also required to execute several bid packages to meet the County's requirements and execution timelines, The original intent to have one bid package is no longer feasible due to permit constraints and execution timelines for the County. Change Order #2 adds an additional $212,079 to contract to provide design and post design services that will be funded through BCIRP Program Fund 346 budget and adds an additional 1095 days to the contract. 2. These new design changes would not have been known at the time of the award of the original contract because the County's requirements were determined in 2021 after the award of the original contract in 2018, 3. If this change order is not approved, the BCIRP Phase 2 will not have the required designs and post design services to make the facilities and utilities complete and usable. Digitaliy signed by Prepared by: ClosasDave =' e. Date: Dave Closas, Pr�.nc)OVW6" Manager, Facilities Management Division Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract /work order indicated above, as fully as if the same were stated in this acceptance. The adjustment. if any, to the Contract shall constitute a full and final setUement of any and all claims of the Contractor / Vendor / Consultant Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Digitally signed by Accepted by: Michael J. Delate, PE Date: Michaiiiii"al,ate. E&V&=Minor and Associates, -PA--71 Ed Division WneeDerge.....,.._..._ Approved by: -' � =Lmn � -ow 04tiffirrient Pofessional) Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) Dat4- c-:,;- L—� Date: PROCUREMENT USE ONLY Adinin 8cc I I 4= ES Rpt Cl) C14 C14 CU CD Q LO E 1) L Packet Pg. 996 Change Order/Amendment Summary COST TIME CO# AMD# Description Justification Additive Deductive Days Added New Amount Wetland permits are required to construct BCIRP Ph 2 and have to Utilizes $66,416 of be resubmitted due to change of 1 the allowance and 0 0 180 1115 agencies from ACOE to FDEP. adds 180 days Wetland permits are required for BCIRP PH2 as a whole or if it is phased. Adding funds to 2 pay for additional additional pre and post design services and adds an additional 1095 $212,079 0 1095 2210 Additional pre and post design services are required for bidding purposes and to make sure phase 2 is complete and usable days - Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin (D (L IL W (D 0 �p 0 M 6 Z 0 L) (D E E 0 0 0) Cn C14 E Packet Pg. 997 GradyMinor Civil Engineers 9 Land Surveyors e Planners 9 Landscape Architects February 23, 2022 Mr. Dave Closas, P.E. Collier County Facilities Management 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356 RE: Big Corkscrew Island Regional Park Phase 2 Collier County Contract No. 18-7279 Amendment No. 1A Phasing Site and Design Changes Dear Mr. Closas: As we have discussed, Collier County's stormwater department has desired changes to the plans to accommodate maintenance of the facilities that would be their responsibility. Those changes involve adding a box culvert to the Bollt Canal crossing, adding a junction box to the Oil Well Road connecting canal, and relocating a well easement out of the drainage easement of that canal. In addition, this amendment covers sub -phasing of the site: Phase A will be the road, utilities and the dog park; Phase B will be the gymnasium and related areas around the gym; and Phase C will be the baseball field area. These changes will require additional SFWMD plan and permit changes and modification to the SDP. Further, this amendment includes additional scope for the phased construction (excluding Phase C as that is in the future), as post -design services including bidding and engineer of record for site and utility work. The iFollowing is the proposed increase in scope for the changes: 1) Sub -phasing the project into 3 phases with GMD, SFWMD and coordination with PUD and Facilities and Procurement. Permit modswrith GMD and SFWMD, working out final lake criteria for allowing shallower lake depth, coordination on Bryan Paul access road, updating the pavilions plans in compliance with the most recent building code, surveying for topography for the lake bank filled recently placed and ancillary items releated to phasing. 2) Gym design: as outlined under separate cover. 3) PUD main extension post design services (assume typical EOR duties and no CEI or inspection services beyond what is required to certify as EOR). Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239-947-1144 * Fax. 239-947-0375 EB 0005151 * LB 0005151 * LC 26000266 www.gradyrninor.00rn C11 M M L.. 0 CY Iq U) E Packet Pg. 998 Mr. Dave Closas Big Coikxtew IsW3d Regional Park Pbasc 2 Fcbraary 23, 2022 Page 2 of 2 4) GMD's canal maintenance access (modifying canal banks; adding box culvert; reshaping park area to accommodate lost lake bank; and road realignment for canal) (note this assumes no net loss to lake area as we are at minimums now). Lost lake area will be made up near the proposed canoe launch area). 5) Dog park: no changes, already included in design. 6) An additional 1095 days will be added to support the phased bid development and the required pre/post design services. This will include additional manhours for the construction periods over the currently contracted amount. SERVICES FEE SCHEDULE: TASK DESCRIPTION BUDGET FEE & TYPE I Sub -Phasing $81,048.00 Time & Material Gym Design (outlined under sep cover) 3. PUD Utility Post Design Services $28,536.00 Time & Material 4. Canal Maintenance Access $69,043.00 Time & Material 5. Dog Park (not applicable) 6. Post Design Added EOR $33,452.00 Time& Material TOTAL $_-21 -2,0- 79.00 Time& Material Thank you for your assistance with this matter. Very Mdv yours, I I lxtn(ak Michael J. Delate, PE. Sr. Vice President MJD/ G:\AdminmarL-fin&ROPOSAL\CCoffierCourdy\18-7279 BURP Ph2\ConUWNcgotiafions\Change Order No 2\DC20224 Phase 2 Design aW Phasing Ckwgcs.dDcx M -0 pg. 999 1 Procurement Services C01-ir C�01411ty Change Order Form Z Contract Modification E] Work Order Modification Contract M 1 18-7279 il Change #:1 3 Purchase Order#: 1 4500191044 Project 4: 1 80039.1.1 ContractorlFirm Name: FQ - Grady Minor &Associates, Contract/Project: [Big Corkscrew Island Regional Park Phase 11 Project Manager Name.,1 James Morton Division Name: I Facilities Management Original Contract/Work Order Amount $ 749,176.00 9/25/18 16D12 Original BCC Approval Date-, Agenda Item # Current BCC: Approved Amount $ 1 7/12/22 1603 Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $ 1,731,725.00 7/27/2025 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 0.00 131.15%1 Total Change from Original Amount Revised Contract/Work Order Total 1 $ 1,731,72�5.,001 0.00% Change from Current BCC Approved Amount Cumulative Chanaes 1 $ 982,549.001 0,00% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date 11/2412025 Date Completion Date Date (includes this change) 4 of Days Added Select Tasks H Add i rew task(s) El Delete task(s) [A ChaRge taB El Other Provide a response to the following; 1.) detailed and specific explanationf rationale of the requested change(s) to the task(s) and I or the additional days added (if requested); 2.) why this change was not included in the original contract, and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Collier County has requested the consultant provide additional design services for the Big Corkscrew Island Regional Park Ph 11 project. i. In conjunction with Amendment 2 increasing the cost, this proposed change increases the duration to cover enhanced design services related to the intersection of Oil Well Road and the South Entrance Road to the park. To meet the requirements of a recent BCC approved developer agreement (912712022 item 16.A.9), the County has requested the consultant to include the design of full signalization for the intersection of the access road with Oil Well Road in lieu of the more standard intersection originally envisioned. 2. This change was not included in the original contract because the County originally planned a more standard intersection with minimal turn lanes, minor median revision and no traffic signal. The terms of the developer agreement require the County to design and build this signal by a date certain. 3. If this change isn't processed it will prevent safe and appropriate access to the park from Oil Well Road and prevent safe and efficient egress to points east and west on Oil Well Road. Not adding the signalization would violate the BCC approved developer agreement Orange Blossom Ranch. Change Order 43 is for increase of time onty. Ile addition of 12D days is for services anti fees to be added 1hrorighi lie secondAmendment under ibis Agroernent. Change Order t3 ii con(ingentupon rinal aj)proval of the Second Amendment and if no �pproval is ismed, tb is Change Order #3 %hall be no]] and void, Prepared by: (Project Manager Name and Division) IV I U I W I I%JCtf I I UO Da1v 7023.02.16 11:17:05 -05'001 Date: Acceptance of this Change Order shall constitute a modification to contract I work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor I Consultant Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: --) (Contractor / Vendor I Consultant / Design Professional 4ftha@�U�irm, i�§V�pfthgl . Accepted by: Approved by: Delate, P.E. 181L 1113M.1 5 'M -n.W10: (Design Professional and Name of Firm, if project aWlicaMCOrmick j ohn Digil ity signed by 'Irm Mcca kkJohn 1.: 2023.02.15 14:47:31 -0509 111911allysigfleqby (Division Director or Designee) Av DoriaPriscilla 'D'ete':P20�2631`1 .02.24 Approved by: =3&68.0609 (Procurement Professional) Revised: 0111412021 (Divisions who may require additional signatures may include on separate sheet.) Date: Date: Date� Date: PROCUREMENT USE ONLY Adnifn tBcc_� 13CC ES I I � RPI ) T_ C14 C4 I Packet Pg. 1000 1' Change Order/Amendment Summary COST TIME CO# AMD# Description Justification New Additive (+) Deductive Days Added Amount Wetland permits are required to construct BCIRP Ph 2 and have to Utilizes $66,416 of Utilizes $66,416 of be resubmitted 1 the allowance and 0 0 180 1115 due to change of agencies from adds 180 days ACOE to FDEP, Wetland permits are required for BCIRP PH2 as a whole of if it is phased. Adding funds to pay for additional Additional pre and post design pre and post services are required for bidding 2 design services $212,079 0 1095 2210 services and adds and adds an purposes and to make sure phase addional 1095 2 is complete and usable days The Gymnasium scope of services and fee were not included in the award of the original contract; 1 Adding funds for $770,470 however, it was intended to be gymnasium design subsequently added upon the execution of an Amendment after costs were successfully negotiated. Additional design services for the of Adding funds for full signalization for the intersection of 2 additional design $88,463 the access road with Oil WeH Road in services lieu of the more standard intersection originally envisioned. Additional design services for the o Adding time for full signalization for the intersection of 3 additional design 0 120 2330 the access road with Oil Well Road in services lieu of the more standard intersection originally envisioned. I Revised: 01114/2021 (Divisions who may require additional signatures may include on separate sheet.) JSE ONLY Adm1n ace BGC ES (L W 0 2) W 0 0 CV) 6 Z E 0 E E 0 V— C14 E Packet Pg. 10011 ATTEST: CRYSTAL K. KINZEL, CLERK OF COURTS By: As Deputy Clerk Dated: (SEAL) [Attest as to Chairman's Signature Only] Approved as to form and legality: 0 Ronald T. Tomasko Assistant County Attorney [23-PPC-05093/17763 19/11 0. w L) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA P M Rick LoCastro, Chairman M I- 0 M 6 z E E 0 co C14 r- M A 0 M L) 00 E M Packet Pg. 1002