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Agenda 09/12/2023 Item #11B (Approve PO to Stantee Consulting Services, Inc. "98th Ave N and 99th Ave N Public Utilities Renewal"09/12/2023 EXECUTIVE SUMMARY Recommendation to approve a $1,146,154.00 Purchase Order to Stantec Consulting Services, Inc., under Professional Services Agreement Number 14-6345, for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for 98th and 99th Avenues North. (This item is a companion to 11A) OBJECTIVE: To obtain professional Construction, Engineering, and Inspection (“CEI”) services during construction of the integrated Wastewater Basin 101 Project specific for 98th and 99th Avenues North. A companion executive summary is requesting the board’s approval for the construction contract for the project. CONSIDERATIONS: On July 7, 2015 (Agenda Item 16.C.6), the County awarded Agreement Number 14 -6345 for CEI Services for the Wastewater Basin Programs to three different firms for each of the designated wastewater basins projects. Agreement Number 14-6345 encompassed CEI services pertaining to wastewater collection, water distribution, and stormwater system construction projects within each basin. The County selected Stantec Consultant Services, Inc. (“Stantec”), for Basin 101 construction projects, which at the time of solicitation and award contemplated and encompassed an integrated water, wastewater, and stormwater construction project. This Executive Summary is a companion item to the 98th and 99th Avenues North construction agreement Executive Summary requesting that the construction be awarded to contractor Douglas N. Higgins, Inc. The proposed scope of work under Project Number 60139, “Naples Park Stormwater Improvements,” is consistent with the Stormwater Five-year Work Program of the 2022 Stormwater Management Annual Update Inventory Review (AUIR) / CIE approved by the Board on December 13, 2022, and with the goals, objectives and policies of the Conservation and Coastal Management Element and the Stormwater Management Sub-Element of the Growth Management Plan. The proposed scope of work under Project Number 70120, “Naples Park Area Basin Optimization,” is consistent with the FY2023 Budget approved by the Board on September 22, 2022. On July 25, 2023, Stantec provided a cost proposal in the amount of $1,146,154.00 to provide CEI services for construction of the 98th and 99th Avenues North Public Utility Renewal Project. Staff found this time and materials proposal acceptable based on prior negotiation history for similar contracts in Naples Park. The scope of services proposal includes construction observation and documentation services. The project scope includes repl acing and rehabilitating water, wastewater, and stormwater assets in one coordinated project designed to minimize cost and neighborhood impact as opposed to multiple separate mobilizations. After this project is completed, eight Naples Park streets will have been rehabilitated in this comprehensive manner: 107th, 110th, 95th, 96th, 108th, 109th, 105th and 106th Avenues North. Prior to that, in 2013 and 2014, water mains were replaced on 91st, 92nd, 93rd and 94th Avenues North. FISCAL IMPACT: Funding required for this contract totals $1,146,154, as allocated in the table below. A budget amendment is necessary to transfer funding for the Stormwater portion within Stormwater Bond Fund (3052) from Reserves to Naples Park Project 60139. The budget amendment is included with the award of the construction project. The sources of funding are stormwater bond proceeds and Water/Wastewater User Fees. FUNDING SOURCE AMOUNT Stormwater Bond Fund (3052) $492,846.22 Water Capital Fund (4012) $206,307.72 Wastewater Capital Fund (4014) $447,000.06 Total $1,146,154.00 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board’s approval. -SRT 11.B Packet Pg. 92 09/12/2023 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board approve and authorize staff to open a $1,146,154.00 Purchase Order to Stantec Consulting Services, Inc., under Professional Services Agreement Number 14-6345 for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for 98 th and 99th Avenues North. (Project Numbers 60139 and 70120) Prepared By: Diana Dueri, PMP, Project Manager III, Public Utilities Engineering and Project Management Division ATTACHMENT(S) 1. let_dueri_98th_99th_Ave_CEI_Proposal_2023-07-25-signed (PDF) 2. [linked] 14-6345Stantec_Contract_20210311022721.183 (PDF) 3. 14-6345 Stantec_Amend#1 (PDF) 4. 14-6345 Stantec_Amend#2 (PDF) 5. 14-6345 Stantec_Amend#3_FullyExec (PDF) 11.B Packet Pg. 93 09/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 26281 Item Summary: Recommendation to approve a $1,146,154.00 Purchase Order to Stantec Consulting Services, Inc., under Professional Services Agreement Number 14-6345, for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for 98th and 99th Avenues North. (Matthew McLean, Public Utilities Engineering Division Director) (This item is a companion to 11A) Meeting Date: 09/12/2023 Prepared by: Title: Project Manager – Engineering and Project Management Name: Diana Dueri 08/07/2023 10:19 AM Submitted by: Title: Director – Engineering and Project Management Name: Matthew McLean 08/07/2023 10:19 AM Approved By: Review: Engineering and Project Management Benjamin Bullert Additional Reviewer Completed 08/07/2023 10:23 AM Wastewater Robert Von Holle Additional Reviewer Completed 08/07/2023 10:51 AM Water Howard Brogdon Additional Reviewer Completed 08/07/2023 11:11 AM Wastewater Steve Nagy Additional Reviewer Completed 08/07/2023 11:19 AM Water Pamela Libby Additional Reviewer Completed 08/07/2023 12:23 PM Public Utilities Department Andrew Youngblood Level 1 Division Reviewer Completed 08/07/2023 3:28 PM Engineering and Project Management Shon Fandrich Additional Reviewer Completed 08/07/2023 3:55 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 08/09/2023 2:24 PM Public Utilities Operations Support Katrina Lin Additional Reviewer Completed 08/22/2023 7:06 AM Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed 08/22/2023 3:36 PM Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 08/22/2023 4:32 PM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 08/22/2023 5:03 PM Capital Project Planning, Impact Fees, and Program Management Daniel Roman Additional Reviewer Completed 08/23/2023 6:47 AM Engineering and Project Management Matthew McLean Additional Reviewer Completed 08/25/2023 3:36 PM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 08/28/2023 8:45 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/28/2023 2:29 PM Procurement Services Sandra Herrera Procurement Director Review Completed 08/28/2023 7:20 PM 11.B Packet Pg. 94 09/12/2023 Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/30/2023 10:56 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/30/2023 10:59 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 08/30/2023 7:11 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/31/2023 8:47 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/31/2023 4:12 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/05/2023 11:50 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM 11.B Packet Pg. 95 6WDQWHF&RQVXOWLQJ6HUYLFHV,QF .UDIW5RDG6XLWH1DSOHV)/ 25 July 2023 Attention: Ms. Diana Dueri, PMP, Project Manager III Collier County Public Utilities Engineering and Project Management Department 3339 Tamiami Trail E., Suite 303 Naples, FL 34112 'HDU0V'XHUL 5HIHUHQFH &(,6HUYLFHVIRU:DVWHZDWHU%DVLQJ3URJUDP&RQWUDFW WKDQGWK$YHQXH1RUWK3XEOLF8WLOLWLHV5HQHZDO 3OHDVHILQGHQFORVHGWKH6FRSHRI6HUYLFHVIRUWKHDERYHUHIHUHQFHGSURMHFWIRU\RXUUHYLHZDQGDSSURYDO :HWKDQN\RXIRUWKHRSSRUWXQLW\WRSURYLGH&RQVWUXFWLRQ(QJLQHHULQJDQG,QVSHFWLRQ&(,VHUYLFHVIRUWKLV SURMHFW:HORRNIRUZDUGWRZRUNLQJZLWK&ROOLHU&RXQW\RQWKLVDQGXSFRPLQJXWLOLW\LQIUDVWUXFWXUHSURMHFWV :H¶UHSUHSDUHGWREHJLQZRUNRQWKLVDVVLJQPHQWDVVRRQDV\RXGLUHFWXVWRSURFHHG 6KRXOG\RXKDYHDQ\TXHVWLRQVRUQHHGDGGLWLRQDOLQIRUPDWLRQSOHDVHGRQRWKHVLWDWHWRFRQWDFW0DUF/HDQ DWRUPDUFOHDQ#VWDQWHFFRP 5HJDUGV 6WDQWHF&RQVXOWLQJ6HUYLFHV,QF 0DUF/HDQ3( 3ULQFLSDO 3KRQH PDUFOHDQ#VWDQWHFFRP 5DPRQ&DVWHOOD3( 9LFH3UHVLGHQW 3KRQH UDPRQFDVWHOOD#VWDQWHFFRP Attachments: 98th and 99th Avenue CEI Scope and Estimated Fee Sheet c. 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6HUYLFHIRUWKH:DVWHZDWHU%DVLQ3URJUDPV036%DVLQPD\EHXWLOL]HGDVQHFHVVDU\ 0DQ\IDFHWVWKDWFRQWUROWKHOHQJWKRIWKHSURMHFWDQGQHFHVVDU\HIIRUWDUHRXWVLGHWKHFRQWURORI6WDQWHF +RXUVVKRZQLQWKLVZRUNDVVLJQPHQWDUHRQO\HVWLPDWHV$Q\DGGLWLRQDOZRUNWKDWPD\EHUHTXLUHGZLOOEH SHUIRUPHGXQGHUDVHSDUDWH:RUN$VVLJQPHQWRUDVDQDPHQGPHQWWRWKLVRQH 7DVN(VWLPDWHG )HH )HH 7\SH 7DVN±WK$YH&(,&RQVXOWDQW3URMHFW2YHUVLJKWDQG'RFXPHQWDWLRQ 7 0 7DVN±WK$YH&(,&RQVXOWDQW3URMHFW2YHUVLJKWDQG'RFXPHQWDWLRQ 7 0 7RWDO)HH 7 0 9 6&+('8/( 6WDQWHFZLOOSURYLGHVHUYLFHVWKURXJKRXWWKHGXUDWLRQRIWKHSURMHFWZKLFKLVDQWLFLSDWHGWREHZHHNVDW WKHWLPHRISUHSDULQJWKLVVFRSHRIVHUYLFHVDVGLUHFWHGE\WKH&RXQW\LQDFFRUGDQFHZLWKWKH3URMHFW 6FKHGXOHDVGHILQHGE\&RQWUDFW³&RQVWUXFWLRQ(QJLQHHULQJDQG,QVSHFWLRQ&(,6HUYLFHVIRU WKH:DVWHZDWHU%DVLQ3URJUDPV036%DVLQ´DQGLWVDPHQGPHQWV 11.B.a Packet Pg. 100 Attachment: let_dueri_98th_99th_Ave_CEI_Proposal_2023-07-25-signed (26281 : Construction, Engineering, and Inspection Services for the 6U3URMHFW0DQDJHU3URMHFW0DQDJHU6U,QVSHFWRU6U,QVSHFWRU3DUW7LPH6U,QVSHFWRU&OHULFDO$GPLQLVWUDWLYH5HLPEXUVLEOH([SHQVHV3URMHFW6XPPDU\ +RXUV /DERXU ([SHQVH 6XEV 7RWDO3URMHFW%LOOLQJ5DWH )L[HG)HH 7RWDO8QLWV7 0 7LPH 0DWHULDO )HH7 0 7RWDO 7DVN1XPEHU 7DVN1DPH7DVN7\SH +RXUV /DERXU ([SHQVH 6XEV 7RWDOWK$YHQXH&(,&RQVXOWDQW3URMHFW2YHUVLJKWDQG'RFXPHQWDWLRQ 7LPH 0DWHULDO WK$YHQXH&(,&RQVXOWDQW3URMHFW2YHUVLJKWDQG'RFXPHQWDWLRQ 7LPH 0DWHULDO 8QLWV)(((67,0$7( WKDQGWK$YHQXH&(,6HUYLFHV3UHSDUHG7-2511.B.aPacket Pg. 101Attachment: let_dueri_98th_99th_Ave_CEI_Proposal_2023-07-25-signed (26281 : Construction, EXHIBIT A-l Contract Amendment #l to Gontract #14'6,345 "Construction Engineering and Inspection (CEl) Services for the Wastewater Basin Programs IMPS 101 Basinl" This amendment, dated ("drnl*f l.?n016 to the referenced agreement shall be by and between the parties to the oiiginalAgreement, Stantec Consulting Services, Inc., (to be referred to as "Consultant") and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (to be refened to as "Owner"). Statement of Underctanding RE: Contract # 14-6H5 "Construction Engineering and Inspection (CEl) Servioes for the Wastewater Basin Programs IMPS 101 Basin]" The parties agree to amend the Contract in accordanee with Article ll "Additional Services of Consultanf' to include a field ofiice, per Exhibit A1-A Schedule A *Scope of Services" and Exhibit A1-B Schedule B "Basis of Compensation," aftached to this Amendment and incorporated herein by reference. This Amendment shall be retroactive to the original date the Board approved the Agreement. All other terms and conditions of the Agreement shall remain in force. lN IVITNESS W.HEREOF, the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date indicated above. OWNER: BOARD OF COUNTY COMMISSIONERS OF K€\"LY &LAz€CONSULTANT:Stantec Gonsulting Print Name Seruices, - \":: 8rock, By: QctV E Pnovnx Print Name and Title Vrc€ PfegfbOtlf b"s^b Note: Language deleted has been se*k+breugh. New language has been underlined. 11.B.c Packet Pg. 102 Attachment: 14-6345 Stantec_Amend#1 (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for EXHIBIT Al-A Contract Amendment #1 to Contract #t4-6345 "Gonstruction Engineering and Inspection (CEl) Services forthe Wastewater Basin Programs IMPS 101 Basin]" Schedule A "scoPE oF sERvtcEs" Task 3.0 - Additional Services 3.2 Field Offlce: The Countv requires a field office for this proiect. The Countv's Proiect Manaoer. and desiqnees. shall have same access to the field office as the Consultant. The Consultant aorees to provide the Countv with an acceptable field office that includes a minimum of the followino essqntial items to support the proiect: . Office soace within a desired radius (to be aoproved bv the Countv) of the oroiect for the duration of the proiect. o Office telephone. and r Cooier rental/lease. The Consuftant must submit to Owner a business case sr.lpportino the best value for its prooosed field office. includino a comoarision of two different comparable site locations. and duration of the field office. The Consultant shall provide the Orvner with a copv of any prooosed lease aqreement pertaininq to its desired field office for the Ownefs r€view. The execution of anv lease aqreement or anv other aoreement oertaininq to theprovision of a field office orior to the Ownefs authorization of the orooosed offioe space shall be at the Consultant's own oeril and is ultimatelv subiect to the Ownefs subsequent aooroval. I ne uonsumnt snall pe retmDurseo for allowed expenses assocaated with this field gffice. upon written aporoval bv the Countv. with payment.processed as outlined in Schedule B. Basis of Compensation. Section 2.1. The Consuttant shall list this fixed molthlY cgst as a line item of the cost proposaltitled 'Field Ofiice Allowable Expenses." and it shall also be listed as such on invoices submitted to the Countv for oavmeht. At least ninetv (90) davs prior to the exoiration of the Consultant's lease aoreement for ?nv ap,proved field office. the Countv will reevaulate its cunent needs. At that time. thg 9onsuttint will provide a oroposal with comparable market comparisions illustratinq ttte E$ value option for the Countv. Should the parties aqree there is still q need for i fieldq,f,fice.. ?nd that the Qonsultant's prooosal is the best value ootion ior ihe Countv. ?llowable expenses will continue to be processed as outlined in Schedule B. Basis dConlqensation. Section 2.1. at the approved location. As necessarv. the'not to exceedprgvisions in Schedule B will be amended pursuant to the Procurement Ordinance toreflect anv chanoes in cost. 2 Note Language deleted has been shrek-threu,S. New language has been underlined 11.B.c Packet Pg. 103 Attachment: 14-6345 Stantec_Amend#1 (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for EXHlBlr A1-B contract Amendment #t to contract #14-63/t5 "Construction Engineering and Inspection (GEl) Services forthe Wastewater Basin Programs [rfPS iOt Basinf,' ,SCHEDULE B. BASIS OF COMPENSATION" TIME AND MATERIAL 2. COMPENSATTON TO CONSULTANT 8.2.1. For the Basic Sgryjces provided for in this Agreement, OWNER agrees to makemonthly payments to CONSULTANT based upon CbNSULTANT'S DireJt Labor Costsand Reimbursable Epenses in accordance with the terms stated below. provided, however, all are in accordance with and not in excess of the rates set forth in theAttachment I to this Schedule B, if applicable. LEASE TERM MONTHLY RENT OTHER MONTHLY EXPENSES- ANNUAL NOT TO EXCEED AMOUNT: 1.14ru15 - 10t31t15 $o2.11t1t15 - 9/30/16 $1,778.73 $500 $27,U4.76 3.10t1t16 -9BAn7 $1,832.09 $500 $27,985.094.10t1t17 - 9130/18 $1,887.05 $500 $28,644.605.10t1t18 - 9/30/19 $1,943.66 $500 $29,323.926.10t1t19 -9t30t20 $2,001.97 $500 $30,023.A1 TOTAL EXPENSES (Total ltems 1-6)$143,322.00 * Fiel{offtc€ AllowableVpenses Per 8.3.5.1.7 utitities. inctudinq anv necessay expenses ** 3. SCHEDULE OF PAYMENTS 8.3.5' Unless specific rates have been established in Attachment 1, attached to this ScheduleB' CONSULTANT agrees that, with respect to any subconsultant or subcontractor to beutilized by CONSULTANT for Additional SeMces, CONSULTANT shail be timited to amaximum markup of 5% on the fees and expenses associated with such subconsultantsand subcontractors. 8.3.5.1 Reimbursable Expenses associated with Additional Services must comply w1hsection 112.ffi1, Fla. Stat., or as set forth in the Agreement, be itrirgeO 3 Note: Language deleted has been sffi€k+hr€ue. New language has been underlined. 11.B.c Packet Pg. 104 Attachment: 14-6345 Stantec_Amend#1 (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for without mark-up by the coNsuLTANT, and shall consist only of the following items: 8.3.5.1.1. cost for reproducing documents that exceed the number documents described in this Agreement and postage and handling Drawings and Specifications. 8.3.5.1.2. Travel expenses reasonably and necessarily incuned with respect !o Project related trips, to the extent such trips are approved oy ovnien. such expenses, if approved by owNER, may include coach airtare, standardaccommodations and meals, all in accordance with section 112.061, F.s.Further, such expenses, if approved by owNER, may include mileage for tripsthat are from/to destinations outside of coilier or Lee counties. buch ribswithin Collier and Lee Counties are expressly excluded. 8.3.5.1.3. Permit Fees required by the project. 8.3.5.1.4. Expense of ovedime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3.5.1.5. Expense of models for the Countt's use. 8.3.4.1.6. Other items on request and approved in writing by the O\ /NER. of of exoenses associated with the specified use of the premises. without anv mffi 4 Note: Language deleted has been serck*hrer€h New language has been underlined 11.B.c Packet Pg. 105 Attachment: 14-6345 Stantec_Amend#1 (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for E)trIIBIT A-T Contract Amendment # 2 to Contract # 144345 ,.Constmction Engineering and Inspection (CED Sewices for the Wateryater Basin Programs [MPS 101 Basin]" This agendmen! Oaten ilfypnfhf 15, 2016 to the referenced agreement shall be by and between the parties to the original Agreement, Staotec Consulting Services, Inc., (to be referred to as "Contactor") and Collier Cormty, Florida" (to be referred to as "Owner'). Statement of Understanding RE: Contract # 144345 - "Construction Engineering and Inspection (CE! Services for the WatewaterBasin Programs IMPS 101 Basin]" In order to continue the services provided for in the origrnal Contract document referenced above, the Contractor agrees to anend the Contract retroactive to the original Board approval date, as per the following and incorporated herein by reference or by the modified language below. Change #1: Amend Contract page 9 as follows: 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon the issuance of an Purchase Order vi*e+ltletieete+reeeC from OWNER for all or any designated portion of the hoject and shall be perfomred in accorrilance with the Scooe of .Wqrk described in the CONSULTAIIT'S pronosal. and Change #2: Amend Contract page20 as follows: 17.9. The terms and conditions of the following Schedules attacbd hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES ScheduleB BASIS OF COMPENSATION W Note: Ianguage deleted has been $€k+eu$. New language has been underlined and botded. All other terms and conditions of the agreement shall remain in force. Page 1 of2 11.B.d Packet Pg. 106 Attachment: 14-6345 Stantec_Amend#2 (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for (Signature page to follow) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Ageement on the date and year frst written above. Stantec Consulting Services, Inc. Contractor BOARD OF COUNTY COMMISS COLLry+ COLINTY, FLORIDA Rv:A)r*Je VrcE fRgtaarr '- " " f:)rATTESTa,'.:..:. -'.' Owiglte.. nrbck, Clerk of Courts signature only. ug P+lpg ' '' '' '' '' ' Page2 of2 11.B.d Packet Pg. 107 Attachment: 14-6345 Stantec_Amend#2 (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for 11.B.ePacket Pg. 108Attachment: 14-6345 Stantec_Amend#3_FullyExec (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal 11.B.ePacket Pg. 109Attachment: 14-6345 Stantec_Amend#3_FullyExec (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal 11.B.ePacket Pg. 110Attachment: 14-6345 Stantec_Amend#3_FullyExec (26281 : Construction, Engineering, and Inspection Services for the Public Utility Renewal Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 101 Basin] PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this '' day of Jc 20 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" or "OWNER") and Stantec Consulting Services Inc., authorized to do business in the State of Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, FL 34105 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Construction Engineering and Inspection (CEI) Services of the CONSULTANT concerning the Wastewater Basin Programs [MPS 101 Basin] (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; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Construction Engineering and Inspection (CEI) 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 OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 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 OWNER. �2114 k•-MOA-1Q•e #49(l 1.5. CONSULTANT designates ., a qualified licensed professional, to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by 2 the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner 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 OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. 3 /1 (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S 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. 1.7.1 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 Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 4 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'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 OWNER prompt written notice of any such subpoenas. 1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as 5 indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER 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 OWNER'S use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER 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 OWNER, other than visits to the Project site or OWNER's office. 2.7 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 OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall. - (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and D (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of Board approval of this Agreement through twenty (20) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with Schedule defined in each Notice to Proceed. Time is of the essence with respect to the performance of this Agreement. 4.3. 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 OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER 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. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER 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 OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.6. In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER 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 OWNER 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. 10 ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER 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"). OWNER 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 OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'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 OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, 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 11 the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 12 ,r `1 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER 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 OWNER 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 OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant 13 LIPZO) or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER 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 OWNER 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. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting 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 OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, 14 A® however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER 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 OWNER 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 OWNER shall be deemed to be a waiver of any of OWNER'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 OWNER 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 OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 15 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER 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 OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER 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 OWNER 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 OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER 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) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: 18 Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407; Fax: 239-252-6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Stantec Consulting Services Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Phone: Telephone: 239-649-4040; Fax: FAX: 239-643-5716 Attn: 4114 K %La-K e , pe 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 OWNER, shall promote the best interests of OWNER and assume towards OWNER 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 OWNER. 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. 19 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE (To be subsequently, provided with each Notice to Proceed.) Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 14-6345 Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs Terms and Conditions Consultant's Proposal 20 `� 1--6 ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public 21 entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 22 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Construction Engineering and Inspection (CEI) Services Services the day and year first written above. ATTEST: Dwight E °;Brock, Clerk- By: Dater Approved as to Form and Legality: Assistant qpnty Attorney FmLt I.--P-'r 10 Name Witness �3,AT31X}Ps- F- h-];rCR1) 14 poahl I � fI n " L�r��nGL Name and Title �nik t. & Witness n Y a rl & SCc?�+ IiY�A1 3 Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, IN / e.'00�4e- Tim Nance, Chairman Stantec Consulting Services Inc. By: Fermin A. Diaz, PE/Vice President Name and Title 23 Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" Wastewater Basin Programs" [MPS 101 Basin] SCHEDULE A SCOPE OF SERVICES Construction Engineering and Inspection Services Consultant's inspectors shall observe regular construction and testing activities related to the Program as directed by the Project Manager, including rehabilitation work. Construction/testing reports and pictures of construction will be prepared daily in the field with approved electronic devices (Laptop PC or tablets) on the day the construction activity takes place by the Construction inspector. All construction documentation will be provided no later than 7 PM of the day work took place via electronic E-mail to the project manager and designated recipients. A hard copy will be kept in the Consultant's project file. Travel time to or from the work site will not be compensated. Additional hours outside of the normal work day are to be compensated for at the standard hourly rate as included in the contract schedule. Once a project begins, all changes to staffing are to be approved by Collier County. Changes to personnel will not result in additional compensation to acclimate staff to the project. All staff will be required to undergo a County background check and maintain a County identification badge during the contract period at the firm's expense. Consultant's inspectors and their alternates should be certified for Class II Asbestos Work (8 hour OSHA course) and keep the certification current thru the entire construction project. The CEI services will include the following tasks. - Task 1.0 — Construction Observation and Documentation Task 2.0 — Construction Inspector and Project Oversight Task 3.0 —Additional Services Task 1.0 — Construction Observation and Documentation The Consultant's construction inspector (or activity observer) will provide the services outlined below. 1.1 — Construction/Testing Observation — The construction inspector will conduct on -site observations and inspections of all construction/testing activities on the Project on a full or part time basis unless directed otherwise by the project manager to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will inform the project manager and the on -site superintendent of the construction/testing contractor of any concerns related to conformance of the work with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on -site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and the project manager in writing about the concern or issue within eight (8) business hours, but not more than one (1) business day after the discovery of any concern or issue. The FOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the project manager and the Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. 1.2 - Log and Construction Documentation — The construction inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fittings, name plate data for equipment and material installed, customer service field log, and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construction inspector on a daily basis in an electronic file via E-mail, on a digital CD only if requested by the project manager and a printed copy to be maintained on the project site in the inspector's trailer. All daily reports shall be prepared in the field. 1.3 — Photographic and Video Record — The Construction inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred via E-mail to the project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a daily basis along with the construction documentation. The photographs may be electronic sent via E-mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed in high resolution color, two captioned photos per 8 '/2" x 11" sheet, printed one side only. The prints if requested will be provided to the project manager when needed. If requested by the project manager, video will be provided in digital format on DVD bi-weekly. 1.4 - General Coordination — The Construction inspector will coordinate all activities related to the Project between the construction contractor, the FOR and the project manager. The Construction inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow-up inspections to ensure that punch list items are corrected and/or completed. Coordination may also include, at the project manager's direction, coordination with the County Utilities Department for testing and construction of required connections to existing facilities. The Construction Inspector will also coordinate, as directed by the project manager, with residents, business owners, and the general public. The County reserves the right to remove any Construction Inspectors from a project at any time for failure to adhere to County policies and procedures. 1.5 - Observe Regulatory Agency Inspections — The Construction Inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The Construction Inspector will always notify the project manager prior to any such inspections. 1.6 - Construction Progress Meetings — The Construction Inspector will coordinate bi-weekly progress meetings chaired by the project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The Construction Inspector will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two (2) days after the meeting to the project manager, EOR, and the construction contractor. 1.7 - Substantial Completion Inspections — The Construction Inspector will conduct substantial completion inspections when requested by the construction contractor and the FOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the FOR and the project manager. The Construction Inspector will be responsible for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The Construction inspector will coordinate and participate in the final walk-through to ensure that the punch -list items are completed to the satisfaction of the FOR and the project manager. All services related to the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for the Project. 1.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the FOR and the project manager, the Construction Inspector will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project manager, and the Construction inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the Construction inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction inspector can issue a "notice of final acceptance and recommendation for final payment". All services related to the Final Completion Inspection shall be provided to the project manager of the Project. 1.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment' the Construction inspector will provide a signed and sealed certification by a professional engineer of the FOR in responsible charge of the work provided by the Construction inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer of Record". All services related to the Final Construction Certification shall be provided to the project manager of the Project. A-3 1.10 — Public Information Web Site — The county may elect the selected consultant to provide weekly project update on a project specific web site in order to advise the public of a project's progress and upcoming construction activities. TASK 2.0 — Construction Inspector and Project Oversight 2.1 - General Management and Oversight — The Construction inspector will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to the following: a. Participate in a pre -construction meeting with the project manager, EOR, and the general contractor. b. Participate in other meetings as described or implied herein. C. Review and verify correctness of the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the Construction inspector to the project manager as an experienced and qualified professional, that based on Construction inspector's onsite observations and inspections of construction in progress, that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction inspector shall be mechanically stamped with the date received. d. The Construction inspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the project manager and EOR. e. The Construction inspector will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f. Within one week after the construction contractor notifies the FOR and the project manager that the Work on the Project is substantially complete in accordance with the Contract Documents, the Construction inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted. 2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and clarifications of Contract Documents during construction. The Design Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation A-4 and clarification of Contract Documents. The Construction inspector shall coordinate the Design Engineer's (EOR) decisions and responses with the construction contractor. 2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 2.4 — As Constructed Field Drawings — The Construction inspector shall maintain red pencil "mark-up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the "As Built" documentation provided by the construction contractor. The Construction inspector will notify the project manager, FOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction inspector on a weekly basis for resolution by the EOR. 2.5 — Start-up and Re -commissioning Support — The Construction inspector will assist the project manager, the EOR, and the construction contractor during start-up of each segment designated for Beneficial Use by the FOR and project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, project manager, and construction contractor. 2.6 Asset Management Information — Provide asset management information of the constructed infrastructure in a format specified by Collier County. Task 3.0 — Additional Services 3.1 — Additional Services (only as authorized in writing) —In accordance with the contract or purchase order, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; Engineer shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the project manager in writing in advance of performance of said Additional Services. Failure to notify the project manager in writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such services were Additional Services. Written authorization from the project manager will be required for any charges that exceed the predetermined upper limit. UAW Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 101 Basin] SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then -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. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Corinne Trtan, 3339 East Tamiami Trail, Suite 303, Naples, FL 34112, (239) 252-4233. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B B.2.2. 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 I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. 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 provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in this 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 OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 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. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses 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 Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3. 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 limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4. 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.3.5. 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 Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B-2 B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, 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.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the OWNER. B-3 Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 101 Basin] SCHEDULE B Attachment I Title Standard Hourly Rate Principal $ 202.00 Senior Project Manager $ 157.00 Project Manager $ 147.00 Senior Engineer $ 157.00 Engineer $ 123.00 Senior Inspector $ 110.00 Inspector $ 95.00 Senior Planner $ 172.00 Planner $ 139.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $ 93.00 Senior Scientist/Geologist $ 118.00 Marine Biolo ist/H dro eolo ist $ 110.00 Senior Marine Biolo ist/H dro eolo is $ 138.00 Senior GIS Specialist $ 147.00 GIS Specialist $ 95.00 Clerical/Administrative $ 65.00 Senior Technician $ 95.00 Technician $ 72.00 Surveyor and Mapper $ 120.00 CADD Technician $ 95.00 Survey Crew — 2 man $ 130.00 Survey Crew — 3 man $ 161.00 Survey Crew — 4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and the firm as needed for the Project. END OF SCHEDULE B. M. , * CERTIFICATE OF LIABILITY INSURANCE DATE/01/2DI15 �'""� 05/01 /2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 endorsements . PRODUCERI rn rnr. _ . . AON REED STENHOUSE INC. AON RISK SERVICES CENTRAL, INC. 900 -10025 -102A AVENUE EDMONTON, AB T5J OY2 INSURED STANTEC CONSULTING SERVICES INC. CENTER 3200, BAILEY LANE, SUITE 200 NAPLES, FL 34105-8507 PH NE M_,, No E�-952-807-0679 L ADDRESS: A/C INSURER(S) AFFORDING COVERAGE NAIC # _ INSURER A: ZURICH AMERICAN INSURANCE COMPANY _ 16535 _ INSURER B: SENTRY INSURANCE A MUTUAL COMPANY_ 24988_ _ INSURER C: ZURICH INSURANCE COMPANY INSURER D: SENTRY INSURANCE A MUTUAL COMPANY 24988 INSURER E: %,UVr_KAUr_b CERTIFICATE NUMBER: RQF - DcvtmnLi u1 raanr 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSqSR - —- ADDL SUER r POLICY EF�IMOL�I EXP LIMITS _ .A TYPE OF INSURANCE INSR WVD _ POLICY NUMBER _ jMM/DD/YYYY M T _ A GENERAL LIABILITY X GLO5415704 05/01 /15 05/01 /16 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RFNTFb��ttY CLAIMS -MADE -X 'OCCUR XCU COVER INCLUDED X CONTRACTUAUCROSS X OWNERS & GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X o LOC SECT ! — - _X B AUTOMOBILE LIABILITY 90-17043-08 X ANY AUTO AUTOWNED JI, AUTOSULED HIREDAUTOS 'NON -OWNED AUTOS L -- _ ----- UMBRELLA LIAB C X X OCCUR - --- - 8831307 ESLIA— CLAIMS X _ EXCESS X-MADE; !EXCESS GENERAL, AUTO DRETENTION— 1 0 000 l AND EMPLOYERS WORKERS COMPENSATION D 90-17043-06 AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE— -�, N / A OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below___', — �- - 05/01 /15 05/01 /16 000 MED EXP (Any one person) $ PERSONAL & ADV INJURY 1 $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE_LAMfr_ (Eaaccident)$ _ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE - (Per accident) - - $ - - 05/01 /15 05/01 /16 EACH OCCURRENCE $ 5,000,000 05/01 /15 AGGREGATE i$ 5,000 000 - vvC TH 05/01 /16 X TO_R_ Y LA ITS '_ _ OER $_ -- --- EL EACH ACCIDENT $ 1,000,000 �EL DISEASE EA EMPLOYEE- _ 1,000 000 - __ E.L DISEASE -POLICY LIMIT $_ -- 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) NAPLES, FL. RE: FOR ANY AND ALL WORK PERFORMED ON BEHALF OF COLLIER COUNTY, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, NAPLES, FLORIDA. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 L,AN L, t L L A I I U N 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 © 1988-2010 ACORn CORPORATION All rinhtc racary I ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD ACC )R©® ��. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) E08/01/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SVBRO ATION 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 endorsements). PRODUCER MARSH CANADA LIMITED 680, 10180 -101 STREET EDMONTON, AB T5J 3S4 NApMEACT MICHAEL POPLETT (NoCN E#): 780-917 4850 �� No)_780-429-1422 — EMAIADDRLEss: MICHAEL.POPLETT(MMARSH.COM____ INSURER(S) AFFORDING COVERAGE NAIC # INSURER _ INSURED STANTEC CONSULTING SERVICES INC. CENTER 3200, BAILEY LANE, SUITE 200 NAPLES, FL 34105-8507 INSURER B _ INSURER-C.,_ _ INSURER D: INSURER E: LLOYD'S OF LONDON 37540 INSURER F: COVERAGES CERTIFICATE NUMBER: 690 REVISION NUMBER: 1 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IINNR VRD POLICY NUMBER MM/DDT MMIDD/YYYY _ LIMITS GENERAL LIABILITY _ EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ CLAIMS -MADE E OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG _$ $ POLICY PRO- JECTLOC _ $ AUTOMOBILE LIABILITY - (SMBINEI') SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED , PROPER Per ac tlent) AMA E $ Is UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N _ WO STATU- OTH- TORY LIMITS ER_ E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE[::] OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ E PROFESSIONAL LIABILITY N/A QF047014 08/01/14 08/01/15 CLAIM & AGGREGATE LIMIT INCLUDING CONTRACTOR'S $3,000,000 INCLUSIVE OF COSTS POLLUTION LIABILITY NO RETROACTIVE DATE CLAIMS MADE BASIS _ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) NAPLES, FL. RE: FOR ANY AND ALL WORK PERFORMED ON BEHALF OF COLLIER COUNTY, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, NAPLES, FLORIDA. %,cm i iri%,m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 3327 EAST TAMIAMI TRAIL NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE 4 ©1988-2010 ACOP ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 101 Basin] SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER 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 polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. 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 OWNER. CONSULTANT shall also notify OWNER, 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 D-1 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 OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER 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 OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER 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 OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER 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 OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. D-2 (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) x_ $500,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. D-3 Applicable _x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X_General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 D-4 �01 ) Each Occurrence Fire Damage $1,000,000 $ 50,000 (2) 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. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. claims. (4) Coverage shall be included for explosion, collapse or underground property damage (5) 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. Applicable _X Not Applicable (7) 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. Applicable _X Not Applicable AUTOMOBILE LIABILITY INSURANCE D-5 Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X_ $1,000,000 each claim and in the aggregate D-6 $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) 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 OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) 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. PROJECT PROFESSIONAL LIABILITY D-7 (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self -insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D N. Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 101 Basin] SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Stantec Consulting Services Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Program [MPS 101 Basin] are accurate, complete and current as of the time of contracting. Stantec Consulting Services Inc. BY: TITLE: Vice President DATE: June 25, 2015 E-1 �1 Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 101 Basin] SCHEDULEF KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Additional subconsultants and subcontractors may be added to this Agreement as needed for the project requirements in accordance with Schedule B. Title Joseph Greeley Marc Lean Kelly Blake Personnel Catego Principal Project Manager Project Manager F-1