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Backup Documents 09/12/2023 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management f/z/Z3 2. County Attorney Office County Attorney Office VIY).93 4. BCC Office Board of County i Commissioners k/Y!'Yj)// 1/(-5/t5 4. Minutes and Records Clerk of Court's Office �l � �I l l�1 l�I o,11 C7" 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Francheska Correa/Procurement Contact Information 239-252-2060 Contact/Department Agenda Date Item was 09/12/2023 Agenda Item Number 16.B.1. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8057 WGI,Inc. number if document is WGI, Inc. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 09/12/2023 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County sel an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 1/3jsj an option for Chairman's signature. this line. 16B1 PROFESSIONAL SERVICES AGREEMENT Contract# 23-8057 for Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall THIS AGREEMENT is made and entered into this 12�' day of 5e tcp,ier , 20 23 by and between the Board of County Commissioners for Collier County, Florida, d political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and WGI, Inc. authorized to do business in the State of Florida, whose business address is 2035 Vista Parkway, West Palm Beach, Florida 33411 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. Page 1 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 1681 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Jeffrey Bergmann, PE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(o�colliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: Page 2 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] CAO 1681 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO i6B1 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way- ROW, centerlines - CL, edge-of-pavement- EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. Page 4 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] ChO 16B1 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; Page 5 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] CAO 16B1 d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. Page 6 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO ARTICLE FIVE 1 6 B I COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. U ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. Page 7 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] GAO i6B . ° ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. Page 8 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CA° 1613 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAD 16B . CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s)to Proceed, or(b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of Page 10 of 30 PSA_CCNA Single Project Agreement[2022_ver.I CAO 1681 the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or(ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days'written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Page 11 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 1681 Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Capital Project Planning & Impact Fees Division Director: Beth Johnssen Address: 2685 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Mark Zordan Telephone: (239) 252-5606 E-Mail(s): Mark.Zordan a(�colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: WGI, Inc. Address: 2035 Vista Parkway West Palm Beach, FL 33411 Page 12 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 1. 611 Attention Name & Title: Jeffrey Bergmann Telephone: (561) 687-2220 / (561) 839-1721 E-Mail(s): Jeffrey.Bergmann(cDwginc.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 23-8057 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 o130 PSA_CCNA Single Project Agreement[2022_ver.1] CA) 1681 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 1681 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the Florida state law requirements set forth in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. [Signature page to follow this page] ******Remainder of page intentionally left blank****** Page 15 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] 1 6 B IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller B 7Atitdi�'1 Y� ..�.� By: �C Dater ,;);' 'S RICK LOCASTRO , Chairman Meese a3 to Chairman's signature only. A roved to Fr ad Legality: County Attorney S4 tF 6? 7L1L Name Consultant: Consultant's Witnesses: WGI, Inc. By: Witness 762/ /&-s/k-A/7 Name an T G( �-�" Name End ' le V�1 s Nangand Title Page 16 of 30 PSA_CCNA Single Project Agreement[2022_ver.I 1681 SCHEDULE A SCOPE OF SERVICES 1 following this page (pages through 28 ) Page 17 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] 1681 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" SCHEDULE A SCOPE OF SERVICES Scope and Fee Proposal for Professional Engineering Services for RPS 23-8057 Design Services for Naples Zoo Lot 6 Stormwater Outfall WGI, Inc. (CONSULTANT) is pleased to provide this proposal to Collier County (County) for professional Engineering, Environmental, Geotechnical, Public Outreach, Grant Assistance, and Survey-SUE services on the above referenced project. Our scope of services and corresponding fees are detailed below and in the attached Excel spreadsheet. In addition, it is agreed that CONSULTANT's services will be performed pursuant to the terms and conditions agreed upon by both parties in Collier County's Agreement for Professional Services. PROJECT UNDERSTANDING Collier County has requested professional services to study, research, analyze, assess, design, permit and provide construction bid documents and construction related services for stormwater improvements for the Naples Zoo Lot 6 Stormwater Outfall System per the scope requirements defined in the solicitation document for RPS No. 23-8057. Elements of the professional services to be provided shall include: • Data Analysis: CONSULTANT will review existing data and reports provided by the utility agencies, the City of Naples, Collier County, Florida Department of Environmental Protection (FDEP), Florida Department of Transportation (FDOT), Army Corps of Engineers (ACOE), and other permitting agencies with jurisdiction. • Right-of-Way, Boundary, Property Boundary, Topographic and Tree Survey Services: CONSULTANT will perform a survey utilizing several methods of collecting survey data to provide the necessary data required to design and permit the proposed design alternatives and obtain environmental permits. Several data collection methods that will be incorporated include Aerial Photography, Bathymetric,3-D LiDAR as well as in-field data collection. Services will also include preparation of sketches of descriptions for temporary and permanent easements for construction. • SUE Services: Subsurface Utility investigations will be performed following ASCE 38-22 Quality Level A and B utility Investigations requirement and will be supported by geospatial verification to determine horizontal and vertical location of up to 60 utility conflicts within the limits of the project. • Civil, Traffic & Utilities Engineering Services: CONSULTANT shall provide professional civil, traffic, and utility engineering design services for Maintenance of Traffic(MOT) Plans and traffic signalization analysis for the box culvert/micro-tunneling crossings of Frank- Goodlette Road N. and Golden Gate Parkway. Civil, traffic, and utility services will also include the design and permitting of right-of-way improvements associated with the two roadway crossings and the outfall culvert and ditch, signal pole relocation and underground utility relocation. • Structural Engineering Services: CONSULTANT shall provide structural design services for the proposed alternatives including, box culvert/jack-n-bore/micro-tunneling, under Page 1 of 28 Schedule A — Scope of Services CAO 16B1I Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" Goodlette Frank Road N. and Golden Gate Parkway, control structures, boat ramp, drainage structures, and docks. • Water Resources Engineering Services: The CONSULTANT Team shall provide hydrologic and hydraulic modeling services using the latest version of the XP-SWMM modeling suite. Existing and proposed conditions shall be modeled using an iterative design approach based on the existing conditions model originally developed by ABB. Additionally, hydraulic modeling services relating to Federal Emergency Management Agency (FEMA) HMGP B/C Ratio analysis for grant applications, and FEMA floodplain permitting (CLOMR/LOMR) services shall likewise be provided by Certified Floodplain Managers for the proposed improvements. Other water quality modeling services using XP-SWMM shall be provided for calculating sediment loadings. Water quality BMP design and stormwater treatment area (STA) design services shall be provided, in addition to stormwater management hydrologic and hydraulic design for proposed box culverts, weir structures and associated hydraulic structures and conveyances. • Environmental Assessment Services: CONSULTANT will provide environmental field investigations, assessments, permitting, and monitoring services for endangered species, wetlands, and benthic vegetation, and seagrasses. CONSULTANT will also apply for a FDEP sovereign submerged land easement permit, a vegetation assessment and removal permit including the on-going monitoring and assessment during construction. • Permitting Services: CONSULTANT will submit permit applications to local, state and federal agencies for the proposed improvements as well as provide monitoring and reporting services as required by the permitting agencies and permit conditions. • Engineering During Construction Services: During construction CONSULTANT will provide engineering and consulting services during the construction. These services will include attendance at the initial kick-off meeting and scheduled monthly construction meetings, endangered species and wetland monitoring, and monitoring updates, post MOT and signalization review, review of contractor's shop drawings, submittals and pay applications, site visits, warrantee review, and final close-out of the project. • Geotechnical Engineering Services: CONSULTANT shall provide geotechnical services for the design and analysis of the proposed improvements. Services will include permitting for work within the right-of-ways, maintenance of traffic during drilling operations, perform soil testing via in-situ drilling, laboratory testing and analysis, and preparation of an engineering soils report summarizing the findings and recommendations. • Electrical Engineering Services: CONSULTANT shall provide electrical distribution and electrical feed analysis,engineering design and permitting services for the SCADA system and other improvements requiring electrical service including the boat ramp/outfall. • Public Outreach Services: CONSULTANT will provide the coordination and management of public information and outreach efforts. Services will include initial public outreach planning, design of public outreach activities and meetings, develop and maintain a project website, respond to record requests and concerns from the public, and attend outreach meetings with stakeholders. Page 2 of 28 Schedule A — Scope of Services CAO 16 B 1. Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" • Cultural Resources Assessment Services: CONSULTANT will provide a historical cultural resource assessment and field investigation for the properties included in and those properties affected by the proposed improvements and report any significant findings Proiect Update Meetings: CONSULTANT will attend scheduled and milestone update meetings with County representatives to include design, permitting, alternative design analysis, as well as estimated cost of construction updates. SCOPE OF SERVICES TASK 1.0 PROJECT DURATION TASKS 1.1 Monthly Report Through Project Duration CONSULTANT shall provide a written monthly report throughout the project duration, to update County project management with the status of the design and other notable project developments or design issues, and to keep a written record of ongoing activities from Notice to Proceed (NTP) to final completion of professional services under this scope. 1.2 Project Management and Coordination — Internal Team CONSULTANT shall provide ongoing support, communication, and coordination with its subconsultant team members for the duration of the project. 1.3 Project Coordination and Coordination —Collier County CONSULTANT will coordinate ongoing communication with Collier County staff for the duration of the scope including the coordination of regularly scheduled progress update meetings (15 meetings), public outreach activities, reporting and documentation, and Engineer's Opinion of Projected Estimated Costs (EOPCC). CONSULTANT will prepare exhibits and attend presentations and in-person meetings at the request of County project management. 1.4 Project Management- SUBCONSULTANT SUBCONSULTANT , in coordination with the CONSULTANT Project Manager, shall coordinate with Collier County and serve as the CONSULTANT project team's point of contact with the Collier County Community and Media Relations Section. SUBCONSULTANT will provide on-going project management, coordination, and public outreach services for the duration of the scope, to the County in relation to all aspects of developing public outreach materials, organizing public meetings, and developing web-based project communications for the purpose of developing project status updates and communicating project related information with all stakeholders and county, state and/or federal agencies. 1.5 Project Management-SUBCONSULTANT SUBCONSULTANT (, in coordination with the CONSULTANT Project Manager, shall provide on- going project management, coordination and public outreach services for the duration of the scope, to the County in relation to aspects of water quality monitoring, stormwater management, hydraulic modeling, civil design, and other environmental and regulatory considerations with respect to the development of project design alternatives. SUBCONSULTANT will prepare exhibits and attend presentations and in-person meetings as the request of County project management. Page 3 of 28 Schedule A — Scope of Services CAO 16 1. Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" Task 1 Deliverables On-Going Monthly Progress Reports On-Going Email Coordination and Status Updates TASK 2.0 PUBLIC OUTREACH 2.1 Coordination and Management of Public Information and Outreach Efforts CONSULTANT and its subconsultant team member, will coordinate public outreach and planning initiatives at the onset of the project and throughout the duration of the scope, that will include preparation of exhibits and other materials and writeups as needed pertaining to CONSULTANT'S scope of services. 2.2 Initial Public Outreach and Planning CONSULTANT and SUBCONSULTANT shall meet initially with the project team and County to strategize together on project planning with regards to the public outreach efforts with affected stakeholders. The public outreach team shall coordinate activities to pro-actively notify the public. SUBCONSULTANT shall attend public outreach planning meetings with CONSULTANT and County staff from the Collier County Community and Media Relations Section to develop an initial schedule for the public outreach activities, public meetings and communication media necessary to update stakeholders and agencies on the development of the project design. 2.3 Public Involvement Activities Presentation Format Development CONSULTANT and SUBCONSULTANT shall coordinate with the Collier County Community and Media Relations Section to develop a general template format for public presentations in relation to the project design scope. 2.4 Design Public Meetings CONSULTANT and SUBCONSULTANT shall coordinate with County staff and investigate potential meeting sites to advise the County on their suitability. The County shall pay all costs for meeting site rentals. CONSULTANT and SUBCONSULTANT shall prepare a newsletter for distribution to elected officials, public officials and impacted property owners. The newsletters will be prepared in English and Spanish. CONSULTANT and SUBCONSULTANT shall provide press releases announcing the future public meetings, prepared in English and Spanish. CONSULTANT and SUBCONSULTANT shall prepare a public information meeting advertisements to be placed in the Naples News, prepared in English and Spanish. The County shall pay all costs for public advertisements. CONSULTANT and SUBCONSULTANT shall prepare the necessary materials for use in public meetings, including materials such as hand-outs, scripts or agendas for presentations, graphics for presentations (mounted on easels or boards for display), exhibits of plans and summary report(s) for the public display, prepared in English and/or Spanish. CONSULTANT and SUBCONSULTANT shall coordinate with the Collier County Community and Media Relations Section for the development of at least two (3) public meetings, assisting with meeting setup and breakdown. 2.5 Small Group Meetings CONSULTANT and/or its subconsultant team member , will attend small group or one-on-one meetings including stakeholders, homeowner's associations, civic and business organizations when necessary to discuss specific aspects of the project. Page 4 of 28 Schedule A — Scope of Services CAO 1681 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 2.6 Develop and Maintain a Project Website CONSULTANT and its subconsultant will develop a project website embedded within Collier County's website to inform property owners, stakeholders, and public officials on the progress and timing of the project, possible lane closures and other activities that will affect the surrounding property owners and traffic patterns. The website will allow the public to submit inquiries to the County in relation to the project. 2.7 Respond and Record Requests/Concerns from the Public CONSULTANT and its subconsultants will document and respond to record requests, concerns from stakeholders, and public comments and will distribute requests and questions between CONSULTANT and the subconsultants to formally address and respond to inquiries from the public.At the beginning of the project,the subconsultant shall establish a telephone number which shall be available via the project website and shall maintain and record all calls throughout the project. The subconsultant shall coordinate media responses with the County Public Information Coordinator, or its assigns. 2.8 Attend Public Outreach Meeting with Stakeholders CONSULTANT and subconsultants will prepare materials and a list of stakeholders. CONSULTANT will also schedule and attend public outreach meetings. Meetings will be advertised and recorded. Questions brought up during these meetings will be memorialized and will be responded to in writing via e-mail. 2.9 Environmental Coordination with Project Stakeholders CONSULTANT and its subconsultant team member, will coordinate with environmental agencies and environmental groups in relation to any environmental assessments, studies, and anticipated environmental field work in relation to the project scope of services. Task 2 Deliverables Identification of Impacted Communities List (CONSULTANT/SUBCONSULTANT) Contact List Database for Email and Mailing (SUBCONSULTANT) PowerPoint Presentation template for public meetings (SUBCONSULTANT) Public Meetings (up to 3) and associated handouts and meeting materials (SUBCONSULTANT) Prepared Public Advertisement for Publication (SUBCONSULTANT) Press Release (SUBCONSULTANT) Project Kickoff Newsletter(SUBCONSULTANT) Various Project Exhibits (CONSULTANT/SUBCONSULTANT) TASK 3.0 DISCOVERY AND RECORDS RESEARCH 3.1 Collection and Analysis of Utility As-Built Data CONSULTANT will coordinate with the subconsultant team in communicating and/or coordinating with each other with the collection and preparation of field data necessary for the performance of CONSULTANT's scope of services. CONSULTANT will develop a"Share File for the storage and filing of utility as-built information including geospatial, geotechnical, utility, environmental, and hydraulic data as well as studies and findings from previous County drainage projects associated with, and those that will impact this project. Page 5 of 28 Schedule A — Scope of Services CAO 16S1 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 3.2 Initial Coordination with Utility Providers The CONSULTANT design team and subconsultants will be communicating and scheduling initial coordination meetings with utility providers regarding relevant planned projects that will affect the design and construction of the proposed improvements. CONSULTANT will document the data collection activities or proposed improvements resulting from this utility coordination effort. 3.3 Collection and Analysis of Collier County GIS and Property Appraisers Data CONSULTANT will collect and analyze data from Collier County GIS and the Property Appraisers office to identify and review impacted and adjacent property owners. CONSULTANT will document the data collection activities or proposed improvements resulting from this data coordination effort. 3.4 Acquisition and Review of Existing Gordon River XP-SWMM Model CONSULTANT and its subconsultant shall obtain, review and analyze the existing 2017 XP- SWMM Model for the existing and proposed conditions, and the associated data provided by the County for the purposes of planning and design of the proposed improvements. 3.5 Identification of Impacted Stakeholders CONSULTANT and SUBCONSULTANT shall locate/identify the impacted stakeholders including, businesses, non-profit organizations, civic organizations, school district, municipalities, residential communities, and local county, state and federal agencies who might be affected by the proposed project improvements. 3.6 Title Search of All Impacted and Adjacent Private Properties CONSULTANT and its subconsultant shall perform a title search of the properties within and immediately adjacent to the proposed project limits to identify public or private utility easements of record, covenants or encumbrances that may existing on the affected properties and Rights of Way. 3.7 Identify and Meet with Local, State and Federal Agencies Kick-off Pre-Design Meeting CONSULTANT and its subconsultant team members will identify and coordinate predesign meetings with local, state and federal agencies having jurisdiction. Task 3 Deliverables PDF files of all as-built record drawings collected Report on any Initial Meetings for Inter-Agency or Inter-Jurisdictional Meetings Review summary of Gordon River XP-SWMM Model List of Impacted Stakeholders Notes on Meetings with Utility Providers Title Search Report TASK 4.0 FIELD DATA COLLECTION CONSULTANT will provide all necessary geospatial data collection for the analysis of the design alternatives and subsequent design and permitting of the selected design alternative. CONSULTANT will provide the following tasks and field investigations: Page 6 of 28 Schedule A — Scope of Services FAO Request for Professional Services (RPS) # 23-8057 1 6 13 1 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" Geomatics and Survey 4.1 Establish Project Horizontal and Vertical Control 4.2 Provide Topographic Survey 4.3 Review and Draft Title Reports 4.4 Perform Right of Way Survey 4.5 Produce a "Maintained" Right-of-Way Survey Map 4.6 Aerial Photography—Orthophoto Collection and Generation 4.7 Provide Photo Documentation of Proposed Alignment for Specific Site Features 4.8 Perform Bathymetric Survey Within the Project Limits 4.9 Provide 3D Surface Drafting 4.10 Provide Sketch and Legal Descriptions for Temporary and Permanent Easements 4.11 Provide Tree Survey— Locates 4.12 Provide Tree Survey—Arborist Tree ID/Assessment 4.13 Perform a Tidal Study of Project Site 4.14 Mean High Water Line Determination & FDEP Permitting Surveys 4.15 Boundary Surveys for Easement Acquisition 4.16 Survey Control - Permanent Reference Monument- Develop ROW Map 4.17 Survey Control - Permanent Reference Monument - Set Monumentation Subsurface Utility Data Collection 4.18 Collection of Subsurface Utilities Engineering Designating Data (QL-B) for Golden Gate Pkwy 4.19 Collection of Subsurface Utilities Engineering Designating Data (QL-B) for Goodlette Frank Rd 4.20 Collection of Subsurface Utilities Engineering Designating Data (QL-B) for the 60' ROW to Lot 6 4.21 Collection of Subsurface Utilities Engineering Testhole Data (QL-A)for Golden Gate Pkwy crossing (20 Test Holes) 4.22 Collection of Subsurface Utilities Engineering Testhole Data (QL-A) for Goodlette Frank Rd crossing (16 Test Holes) 4.23 Collection of Subsurface Utilities Engineering Testhole Data (QL-A) for the 60' ROW to Lot 6 (6 test holes) 4.24 Geotechnical Investigation Coordination and Collection of Geotechnical Sampling and Testing Data CONSULTANT and the geotechnical subconsultant. will provide geotechnical information for the design of the various components of the project including the development of engineering culvert and directional drill design plans, environmental studies, hydraulic modeling, de-watering operations and utility and signal pole design. Tasks included in the geotechnical investigations include: Contact Sunshine State One Call for utility locates. Obtaining drilling permits from Collier County for work within the right-of-way. Provide MOT plans and signage. Obtain representative soils samples from soil boring necessary for design. Provide in-house laboratory testing of soil samples. Page 7 of 28 Schedule A — Scope of Services CAO Request for Professional Services (RPS) # 23-8057 1 6 B 1 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" Provide an engineering report summarizing the findings and presentation of the evaluations. Provide soil parameters for culvert structures, sheet piling and cut and cover. Provide permeability testing in (6) locations (See Permeability Investigation) Select clearing for drill rig access to boring locations. Structural assessment of existing drainage structures and pipe Permeability Investigation As one of the alternates presented included the addition of a Stormwater Treatment Area (STA), permeability investigations will be performed by SUBCONSULTANT. Tasks for the Permeability Investigation include; 1. Contact Sunshine 811 to request field location and clearance of underground utilities in the areas of the tests as per Florida Statutes. 2. Mobilize a track-mounted drill rig and personnel. 3. Perform four (4) Standard Penetrations Test (SPT) borings to depths of 30 fees and two (2) SPT borings to depths of 50 feet below the existing ground surface, 4. Following completion of each SOT boring, a temporary piezometer will be installed adjacent to the boring location for the performance of in-situ permeability testing. A 2-inch Schedule-40, PVC casing and 5 feet long screen with 0.02-inch slotted screen openings will be inserted within the borehole to the depths noted in the Table above. The annulus space surrounding the slotted screen will be backfilled with a filter sand to a height of approximately at least 1 foot above the top of the screen. A 2-foot thick layer of bentonite chips will be placed in the annulus space above the filter material to isolate the screened interval. Following piezometer installation, the piezometers will be developed by repeatedly pumping water in and out until all the sediment was cleared from the bottom of the piezometer. Constant head permeability tests will then be performed within each piezometer. 5. Following completion of the testing, the piezometers will be removed, and the boreholes backfilled with grout. 6. An Engineer will visually classify the collected soil samples in the field using the Unified Soil Classification System (USCS). 7. Assign and perform a series of laboratory tests to ascertain soil index properties (moisture content, Atterberg Limits, organic content, grain size, and percent fines) for the soils encountered in the borings. All tests will be performed in accordance with the relevant American Society for Testing and Materials(ASTM)test methods. In addition, soil samples collected from B-1 (1730') and B-4 (2250') will be tested for corrosion parameters (pH, resistivity, chloride and sulfate) in accordance with FDOT's Florida Methods (FM). 8. Prepare a Geotechnical Data Report presenting the results of the field and laboratory testing programs. Site characterization, including interpretation of site data, selection of material characteristics and engineering properties, as well as geotechnical engineering analyses and design of the Project to be performed by Others. 4.25 Survey of Geotechnical Sampling and Testing Data Sites CONSULTANT shall coordinate with the geotechnical subconsultants to collect topographic survey data for the purpose of providing vertical data at the boring locations and infiltrometer testing sites. Page 8 of 28 Schedule A — Scope of Services CN° 16B1 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 4.26 Wetland Permitting for STA Permeability Testing Site Access CONSULTANT shall provide the County with wetland permitting services in relation to creating access lanes to the permeability testing site locations as needed. 4.27 Survey for Select Clearing for STA Permeability Testing Site Access CONSULTANT shall provide survey stakeout for the creation of access lanes to the permeability testing site locations as needed. 4.28 Clearing Contractor for STA Permeability Testing Site Access CONSULTANT and its subconsultant shall provide limited clearing for the purpose of creating access lanes to the permeability testing site locations as needed. Environmental — Existing Conditions Field Investigation 4.29 Environmental Resources and Species Site Assessment Field Data CONSULTANT shall perform a field investigation to identify environmental resources and/or various species of flora and fauna present within the limits of the project site (wetlands, tortoises, eagles, and bats). 4.30 Wetland Delineation & MHW Marks Survey CONSULTANT shall perform a wetland delineation within the limits of the project site and shall take note of the location of MHW marks and record them in the survey. 4.31 Existing FDEP Sovereign Submerged Lands Easement and Permit Review CONSULTANT shall review any FDEP easements and/or review, prepare permits related to sovereign submerged lands. 4.32 Environmental Benthic/Seagrass Survey CONSULTANT shall conduct a seagrass survey within the project limits and collect historical tidal information of the Gordon River. 4.33 Structural Assessment of Existing Drainage Structures and Pipes CONSULTANT shall conduct a visual assessment of the existing drainage structure and pipes within the project limits to determine their current condition, configuration and status and recommend additional investigations if needed. CCTV inspections of the existing stormwater pipes on Golden Gate Parkway shall also be conducted by a CONSULTANT subconsultant. A structural condition of assessment of the existing stormwater pipes shall be conducted based on the CCTV video footage collected. Cultural Resources Site Assessment& Field Investigations 4.34 Cultural Resource Archival and Literature Review A review of pertinent records, maps, and aerial photographs will be conducted to determine if previously unrecorded archaeological and/or historical sites occur on the parcel. 4.35 Cultural Resource Field Investigation The cultural resource survey will incorporate the use of certain predictive archaeological site models based on topographic and vegetative attributes of the parcel, and determination of high, medium and low probability zones (HPZ, MPZ, and LPZ). A pedestrian survey and shovel testing Page 9 of 28 Schedule A — Scope of Services CA® 1681 ' Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" will be conducted along the corridor. HPZ and MPZ areas will be subjected to systematic subsurface testing in accordance with Module 3 guidelines at 25 meter (m) and 50 m intervals, respectively. The LPZ areas will be tested at 100-200m intervals. Systematic testing will be supplemented with judgmental testing, as appropriate. Soil from all test holes will be sifted through a 1/4" screen and any cultural samples recovered. Any positive locations for artifacts or sites will be depicted on the site map. Positive test holes will be delineated at 10 or 20m intervals as appropriate. 4.36 Data Analysis and Cultural Resource Report Preparation All recovered samples will be cleaned, catalogued and quantified. The results of this analysis will be included in the final report. A written report will be provided within 15 business days following completion of the field work. The report will include a description of methodology, results, and recommendations. A final report will be prepared, and a hardcopy can be submitted to the State Historic Preservation Officer (SHPO) for review if requested. Task 4 Deliverables Topographic Survey Map and Report Right-of-Way Survey Map And Report "Maintained" Right-of-Way Survey Map and Report Photo Documentation of Site Bathymetric Survey Map and Report Existing 3D Surface digital file Sketch and Legal Descriptions Tree Survey And Report FDEP Tidal Study Procedure and Approval Mean High Water Line Survey & FDEP Procedural Approval Boundary Surveys Permanent Reference Monumentation/Survey Control Map and Report Subsurface Utilities Engineering Designating (QL-B) reports for Golden Gate Pkwy, Goodlette Frank Rd, and 60' ROW to Lot 6. Mapping data will be incorporated into the Topographic Survey. Subsurface Utilities Engineering Test Holes (QL-A) reports for Golden Gate Pkwy, Goodlette Frank Rd, and 60' ROW to Lot 6. Mapping data will be incorporated into the Topographic Survey. Survey of Geotechnical Sampling and Testing Data Boring Sites and Report Wetland Permitting for STA Permeability Testing Site Access document Surveyed Wetland Delineation & MHW Marks data Topographic Survey Map FDEP Sovereign Submerged Lands Easement Permit Application Geotechnical Investigation Reports Permeability Data Report Clearing Permits Photo Documentation of select cleared corridors Cultural Resource Report Structural Investigation and Assessment Report for existing drainage (structures and pipe) Page 10 of 28 Schedule A — Scope of Services CAO 168I Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" TASK 5.0 FEASIBILITY STUDY AND ENGINEERING DESIGN (30 PERCENT) 5.1 Update Initial Gordon River Masterplan (GRMP) Engineers Opinion of Probable Construction Cost The 2018 Gordon River Masterplan contained an engineer's opinion of probable cost of construction (EOPCC) for the Naples Zoo Lot 6 Stormwater Outfall project. CONSULTANT shall update the 2018 EOPCC to check the quantities and adjust this figure to 2023 dollars, factoring in current market rates for construction materials and labor as well as inflation, such that a baseline construction cost for the original GRMP design alternative can be established. 5.2 Existing Site Features and Existing Utilities Analysis CONSULTANT and its subconsultant team members will analyze the existing site features and utilities within the limits of the proposed improvements and assist in preparing exhibits and plans for utility identification and potential relocations. 5.3 Historical Cultural Resource Impact Analysis of Alternatives Should the cultural resource field investigations present findings indicating the presence of historical resources, CONSULTANT shall analyze the findings in relation to the proposed outfall alternatives to under consideration. 5..4 Zoning, Right-of-way, Boundary and Easement Analysis CONSULTANT and its subconsultant team members will identify and analyze the existing ROW boundaries and public and/or utility easements for the purpose of determining easements on private property needed for the installation of the proposed improvements, siting proposed STA, buried infrastructure and Supervisory Control and Data Acquisition (SCADA)and electric facilities. 5.5 Electrical Distribution and Existing Electrical Feed Analysis CONSULTANT and its subconsultant team members shall analyze the existing electrical feeds within the limits of the proposed project site to determine what feeds may be utilized for the purposes of the automated SCADA water sampling station and the boat ramp electrical supply and shall coordinate with the electric utility provider in relation to the electrical supply needs for these facilities. 5.6 XP-SWMM Modeling of Existing and Proposed Improvements Per Gordon River SWMP CONSULTANT and its subconsultant team members will perform hydraulic modeling of the alternatives. Once the acquisition, review, and reproduction of the XPSWMM code used for the Supplemental Outfall Improvements is completed, CONSULTANT shall update the model with new cross-sectional geometry to be generated from the existing conditions Digital Elevation Model (DEM). Multiple alternative design options shall be developed based on the results of the utility, traffic and topographic analysis. 5.7 Review Utility Profiles for Optimal Top of Boring Elevation, Review Clearances CONSULTANT shall review existing utility profiles to determine the optimal top of boring elevation and examine the clearances of the proposed boring profiles to determine the most efficient and construable boring alternative. Page 11 of 28 Schedule A — Scope of Services CAO 1 6 B I Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 5.8 Review Geotechnical Borings at Proposed Crossings CONSULTANT and its subconsultant team members will review boring data with the structural design team and the to determine the composition of the soils and groundwater levels with respect to various trenchless drilling techniques and methods in developing the alternatives for jack and bore or micro-tunneling at the proposed crossings of Golden Gate Parkway and Goodlette-Frank Rd. 5.9 Review Geotechnical Borings with Jack and Bore Contractors CONSULTANT and its subconsultant team members will review boring data with the structural design team and the jack and bore contractors as it relates to the alternatives for drilling underneath Golden Gate Parkway and Goodlette-Frank Road and facilitating the discussions regarding the hydraulic design concepts. 5.10 STA Siting Feasibility Analysis CONSULTANT and its subconsultant team members will perform an analysis and siting of a proposed stormwater treatment area (STA) near the project limit on the Gordon River using available County owned right-of-way or parcels. 5.11 Single Bore Option CONSULTANT and its subconsultant team members will perform an analysis and modeling of a single boring option and provide model results to indicate the benefits of a single bore option versus other alternative options relative to cost and construction feasibility. 5.12 Multiple Bore Option CONSULTANT and its subconsultant team members will perform a thorough analysis and modeling of multiple boring options and provide model results to indicate the benefits of a multiple bore option versus other alternative options relative to cost and construction feasibility. 5.13 Sheet Piling for Jacking and Receiving Pits CONSULTANT shall develop designs for sheet piling for the purposes of creating jacking and receiving pits for the jack and bore trenchless alternatives. 5.14 Material Corrosion Analysis CONSULTANT shall analyze the soil properties as indicated in the geotechnical reports to determine the level of corrosion to be expected in the in-situ soils with respect to the selection of materials for pipe installation and trenchless jack and bore or micro-tunneling alternatives. 5.15 Conceptual Level Plans for All Alternatives (15%) CONSULTANT shall develop conceptual level exhibits of the proposed alternatives to provide a basis for planning and design level discussions with the County. 5.16 Develop Infraworks Models for Alternatives CONSULTANT and its subconsultant shall develop an infraworks model for each of the proposed alternatives, for the purposes of conceptual level design through 30%. Once a design alternative is selected, the infraworks model will be revised throughout the design process only for the purposes of providing clarity on the sequencing aspects of construction for planning level discussions with the County. Page 12 of 28 Schedule A — Scope of Services CAQ Request for Professional Services (RPS) # 23-8057 1 6 B I "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 5.17 Temporary Bypass Pumping Feasibility Analysis CONSULTANT and its subconsultant team members will analyze the temporary bypass pump requirements that would be needed during construction for the purposes of planning and sequencing of potential construction activities in relation to MOT and other planned operations within the right-of-way. 5.18 Construction Sequencing and MOT Preliminary Evaluation and Assessment CONSULTANT and its subconsultant team members will develop a preliminary construction sequencing and expected required MOT based on the various alternatives developed during the feasibility phase and evaluate and assess these sequences with respect to cost and feasibility. 5.19 Signalization Preliminary Evaluation and Assessment CONSULTANT and its subconsultant team members will develop a preliminary evaluation and assessment of what traffic signalization might be required based on each of the developed alternatives, and consider these signalization needs in terms of cost and feasibility. 5.20 Environmental Preliminary Agency Coordination CONSULTANT and its subconsultant team members will perform preliminary coordination with environmental state and federal agencies, including the preparation of exhibits, plans, presentations, and other materials as needed in support of the selection of alternatives. 5.21 Environmental Site Constraints and Federal/State Regulatory Review CONSULTANT and its subconsultant team members will identify potential site constraints or factors which might have environmental impacts. An analysis will be performed to determine how the environmental permitting activities of the alternatives will have on the cost of construction or length of time of obtaining permits. 5.22 Conceptual Opinion of Probable Costs for Alternatives CONSULTANT and its subconsultant team members will prepare opinions of probable costs for proposed alternatives identified during the feasibility phase including estimated time for permitting and construction. 5.23 Develop Template Public Meeting (Specific) CONSULTANT and its subconsultant team members will develop a template for a public meeting that is specific to the results of the feasibility study for the purposes of public meetings to present the study's findings to the County, public agencies, or the public. 5.24 Incorporate Stakeholder Comments into Feasibility Study CONSULTANT and its subconsultant team members incorporate into the feasibility study comments received from identified stakeholders or the public. 5.25 Feasibility Study Report Production CONSULTANT and its subconsultant team members will prepare a feasibility study report including the preparations of writeups, discussions, figures, exhibits, appendices, and other materials pertaining to CONSULTANT's scope of services. 5.26 Preparation of Feasibility Study Presentation CONSULTANT and its subconsultant team members will prepare powerpoint presentations for future meetings with the regulatory agencies, utility providers, the County, the public and other Page 13 of 28 Schedule A — Scope of Services Request for Professional Services (RPS) # 23-8057 1 6 B 1 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" stakeholders as needed regarding the results of the feasibility study. CONSULTANT will prepare exhibits or figures as needed for the presentations. 5.27 Presentation of Feasibility Study to County Staff CONSULTANT and its subconsultant team members will present the results of the feasibility study to the County staff. 5.28 Identify Potential Easement Requirements CONSULTANT and its subconsultant team members assess what permanent easements may be required for the various alternatives under consideration. 5.29 Preparation of 30% Box Culvert and Civil/Site Plans CONSULTANT and its subconsultant shall prepare box culvert and civil plan sheets for the selected alternative based on a 30% design level to identify potential site constraints and utility conflicts. 5.30 Preparation of 30% Maintenance of Traffic Plans and Detours CONSULTANT and its subconsultant shall prepare maintenance of traffic plan sheets for the selected alternative based on a 30% design level to identify potential traffic issues and identify sequencing necessary for construction of the various alternatives. 5.31 Preparation of 30% Traffic Signalization Plans CONSULTANT and its subconsultant shall prepare traffic signalization plan sheets for the selected alternative based on a 30% design level to identify potential traffic issues and identify sequencing necessary for construction of the various alternatives. 5.32 Preparation of 30% STA Plans CONSULTANT and its subconsultant team members will prepare 30% plan sheets for the proposed stormwater treatment area. 5.33 Preparation of 30% Plans for Water Quality Sampling Station & SCADA telemetry CONSULTANT and its subconsultant team will prepare 30% plans for the water quality sampling station & SCADA telemetry and electrical feed to the station. 5.34 Preparation of 30% Plans for Access Road to Water Quality Sampling Station &Boat Ramp CONSULTANT and its subconsultant team will prepare 30% plans for the access road to the water quality sampling station and boat ramp. 5.35 30% Design Structural Calculations and Structures CONSULTANT shall prepare the structural calculations required for the design of the proposed structures based on the selected alternative at a 30% design level. 5.36 30% Hydraulic Design and Modeling CONSULTANT and its subconsultant will provide with hydraulic modeling for the 30% design including: • Code selected 30% improvements into the model for outfall alignment and linear pond/STA option. Page 14 of 28 Schedule A — Scope of Services CAO 1681 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" • Perform multiple model runs based on various configurations to determine the most hydraulically efficient design given the site constraints, soils, water table, construction feasibility and cost parameters. • Present findings in exhibits, charts and graphs as needed to communicate results to County staff. 5.37 30% Utility Coordination with County and Providers for Relocation Plans and Sequencing CONSULTANT and its subconsultant team members will provide utility coordination and relocation plans and sequencing plans for the proposed 30% plans as it pertains to the proposed improvements. 5.38 SFWMD ERP Pre-Application Meeting CONSULTANT and subconsultants will schedule and attend a pre-application meeting with the SFWMD and Collier County to address any concerns and/or requirements of the project design phase. 5.39 FDEP/Basin Management Plan (BMAP)/ Total Maximum Daily Load (TMDL) Water Quality Pollutant Loading Analysis CONSULTANT will perform water quality modeling using the XP-SWMM model for the preparation and determination of pollutant loadings and to analyze the impact of the improvements on water quality within the project area relating to FDEP requirements for TMDL's within WBID 3278K. 5.40 Environmental Acoustic Survey for Bats As Needed CONSULTANT will perform an environmental acoustic survey if bats are found to exist within the project limits in accordance with state and federal standards or permitting requirements. 5.41 Environmental Agency Preapplication Meetings CONSULTANT will schedule and attend pre-application meetings with the USACE, FDEP, FWC, USFWS and other environmental regulators and Collier County to address any concerns and/or requirements of the project design phase. 5.42 Environmental Wetland Design 30% CONSULTANT will prepare a 30% design for any proposed constructed wetlands associated with the stormwater treatment area or other associated wetland restoration as a result of the anticipated construction. 5.43 Environmental Permit Applications —Conceptual Planning CONSULTANT will prepare environmental permit applications based on the conceptual plans and update the permit applications prior to formal submittal as needed at later stages of design. 5.44 Map Potential Temporary Construction and Permanent Easements CONSULTANT'S survey team shall map any temporary construction easements or permanent easement to be required for the purposes of construction of the proposed improvements. 5.45 30% Engineers Opinion of Probable Construction Cost from Chosen Alternative CONSULTANT and its subconsultant team members will prepare opinions of probable construction costs for selected alternative at the 30% design stage. Page 15 of 28 Schedule A — Scope of Services CAO 1 B1 ` Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 5.46 Develop Specifications Table of Contents CONSULTANT shall develop a table of contents for the identified technical specifications and all required divisions, that shall be required in the construction bid package based on the selected 30% design alternative. 5.47 Prepare of 30% Exhibits and Presentations for Meetings CONSULTANT will prepare a PowerPoint presentation and exhibits for meetings with the regulatory agencies, utility providers, the County, the public and other stakeholders as needed regarding the 30% design plans. 5.48 Attend 30% Design Review Meeting CONSULTANT and its subconsultant team members will schedule and attend a 30% design review meeting with County staff. 5.49 30% Presentation to County Staff CONSULTANT and its subconsultant team members will present the 30% design plans to County project management staff and shall be available for additional presentations at the request of the County project manager. Task 5 Deliverables Update GRMP Engineers Opinion of Probable Cost Feasibility Study I Basis of Design Report (BODR) Conceptual Plans, and Sections lnfraworks Model Renders Any pre-application meeting notes from meetings with regulators 30% Engineer's Opinion of Probable Cost 30% Design Presentation to County staff XP-SWMM Model Data as requested by County Acoustic Bat Survey TASK 6.0 ENGINEERING DESIGN (60 PERCENT) 6.1 Preparation of 60% Box Culvert Plans, Profile and Sections Sheets Prepare 60% engineering plans, profiles, details, and sections for proposed supplemental outfall box culvert design including the outfall ditch, control structure, and drainage improvements. 6.2 Preparation of 60% Maintenance of Traffic Plans and Detours CONSULTANT and its subconsultant shall prepare maintenance of traffic plan sheets for the selected alternative based on a 60% design level to identify potential traffic issues and identify sequencing necessary for construction of the various alternatives. 6.3 Preparation of 60% Signalization Plans CONSULTANT and its subconsultant team will prepare 60% plans for the traffic signalization improvements. 6.4 Preparation of 60% STA Plans, Profile and Sections Sheets CONSULTANT and its subconsultant team members will prepare 60% plans, profiles and sections for the proposed stormwater treatment area. Page 16 of 28 Schedule A — Scope of Services CAO 1681 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 6.5 Preparation of 60% Plans for Water Quality Sampling Station & SCADA Telemetry CONSULTANT and its subconsultant team will prepare 60% plans for the water quality sampling station & SCADA telemetry including electrical feed to the station. 6.6 Preparation of 60% Plans for Access Road to Water Quality Sampling Station and Boat Ramp CONSULTANT and its subconsultant team will prepare 60% plans for the access road to the water quality sampling station and boat ramp areas. 6.7 60% Hydraulic Design and Modeling CONSULTANT and its subconsultant will provide with hydraulic modeling in XP-SWMM for the 60% design alternatives including: • Code selected 60% improvements into the model for outfall alignment and linear pond/STA option. • Perform multiple model runs based on various configurations to determine the most hydraulically efficient design given the site constraints, soils, water table, construction feasibility and cost parameters. • Present findings in exhibits, charts and graphs as needed to communicate results to County staff. 6.8 60% Utility Coordination with County and Providers for Relocation Plans and Sequencing CONSULTANT and its subconsultant team members will provide utility coordination with providers and prepare relocation plans and sequencing plans for the proposed 60% plans as it pertains to the proposed improvements. 6.9 60% Design Structural Calculations and Structures CONSULTANT shall prepare the structural calculations required for the design of the proposed structures based on the selected alternative at a 60% design level. 6.10 Environmental Wetland Design 60% CONSULTANT will prepare a 60% design for any proposed constructed wetlands associated with the stormwater treatment area or other associated wetland restoration as a result of the anticipated construction. 6.11 60% Engineers Opinion of Probable Cost CONSULTANT and its subconsultant team members will prepare an engineer's opinion of probable cost estimate for the 60% construction plans and other scope of work tasks. 6.12 Prepare Temporary Construction and Permanent Easements CONSULTANT will prepare temporary and permanent construction easements for construction related activities and coordinate with the County for the assistance in obtaining the easements. 6.13 Preparation of 60% Technical Specifications, Measurement and Payment Sections CONSULTANT will prepare a construction technical specifications package will all required divisions based on the 60% design plans. Page 17 of 28 Schedule A — Scope of Services CAO 16B1 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 6.14 Environmental Update of Avoidance, Minimization and Mitigation CONSULTANT shall develop calculations for the wetland avoidance, minimization and mitigation plan. 6.15 Environmental Permit Applications— Prepare and Submit CONSULTANT will prepare and submit environmental permit applications as needed to state and federal agencies to permit the construction of proposed improvements at the 60% stage. 6.16 Environmental Permit Applications — Respond to RAls CONSULTANT will respond to requests for additional information received from state/federal agencies following submission of permit applications to resolve any questions or concerns in relation to the proposed permit applications. 6.17 Preparation of SFWMD Environmental Resource Permit Application - Prepare and Submit CONSULTANT will prepare an Environmental Resource Permit (ERP) application through SFWMD's e-permitting portal, for the project and associated mapping, exhibits and H&H model documentation to obtain an ERP permit for the project. 6.18 SFWMD and Environmental Permitting Agencies Permit Applications - Respond to RAI's CONSULTANT will address and respond to regulatory Request for Additional Information (RFI's) from SFWMD, FDEP, USACE or other agencies in relation to the ERP permitting process and shall coordinate with CONSULTANT's environmental staff to ensure all information is included in the ERP permit application. 6.19 FEMA CLOMR Application - Prepare and Submit Application CONSULTANT and subconsultants will prepare a Conditional Letter of Map Revision (CLOMR) application through FEMA's online FOMC e-permitting portal, for the project, including the preparation of associated mapping, exhibits and H&H model documentation to obtain a CLOMR for the project. SUBCONSULTANT shall coordinate with the County's floodplain administrator as needed in relation to the CLOMR process. 6.20. 2023 FEMA CLOMR Application - Respond to RAI's CONSULTANT will address and respond to regulatory Request for Additional Information (RFI's) from FEMA in relation to the CLOMR permitting process and shall coordinate with the County's floodplain administrator as needed in relation to the CLOMR process. 6.21 Develop Water Quality Monitoring Program The project area is located within the Gordon River Extension (GRE) impaired waterbody (WBID #3278k) for which a State-adopted and EPA-approved Total Maximum Daily Load (TMDL) has been designated as part of the County's National Pollutant Discharge Elimination System (NPDES) program. The NPDES TMDL requires a reduction of 29% of the Total Nitrogen (TN) pollutant load into the GRE. To meet this NPDES/TMDL permit requirement, the County has included as part of the Naples Zoo Lot 6 Stormwater Outfall project,the installation of an automated SCADA-based water quality monitoring station. The EPA MS4/NPDES program requires municipalities to monitor, at least in Page 18 of 28 Schedule A — Scope of Services CAO 16R1 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" the first year of permit coverage (and yearly thereafter depending on the sample results in the first year), for the presence of any pollutant causing an impairment to their receiving water. The CONSULTANT Team will determine in consultation with the FDEP/County the type of monitoring program that must be conducted, the frequency of monitoring in accordance with standard analytical methods as defined in 40 CFR Part 136. (Both the parameters that must be sampled and the frequency of monitoring for impairment pollutants). At this time FDEP has not developed a Basin Management Plan (BMAP) that would include specific TMDL pollutant loads or concentrations requirements for WBID 3278k. Final monitoring requirements will not be known until the BMAP is in place. The CONSULTANT Team will coordinate with the County to identify the members of the County's pollution prevention team who will collect the automated samples of discharges. Automated stormwater samples will need to be analyzed for the required TMDL (TN) parameter and other associated parameters identified by a qualified laboratory. Labs must use the approved methodologies found at 40 CFR Part 136 and return a report with chemical concentrations including data quality assurance information. The most common monitoring indicators include pH, electrical conductivity(EC), oxidation—reduction potential(ORP),water temperature(T), dissolved oxygen (DO), ammonia nitrogen (NH4), nitrate nitrogen (NO3N), and chlorophyll a. The CONSULTANT team shall provide the County with an Engineers Opinion of Probable Cost (EOPC) for the annual automated sampling lab analysis, and the annual maintenance of the automated SCADA/water quality station once the sampling station becomes operable. 6.22 Prepare 60% Exhibits and Presentations for Meetings CONSULTANT will prepare a PowerPoint presentation and exhibits for meetings with the regulatory agencies, utility providers, the County, the public and other stakeholders as needed regarding the 60% design plans. 6.23 Attend 60% Design Review Meeting CONSULTANT and its subconsultant team members will prepare and attend the 60% design review meeting with County staff. 6.24 60% Presentation to County Staff CONSULTANT and its subconsultant team members will present the 60% design plans to County project management staff and shall be available for additional presentations at the request of the County project manager. Task 6 Deliverables Infraworks Model Renders 60% Plans, Profile and Sections for Roadway, Utilities, Signalization, MOT, Structures, STA 60% Restoration Plans 60% Technical Specifications Package 60% Engineer's Opinion of Probable Cost 60% Design Presentation to County staff XP-SWMM Model Data as requested by County Copies of Permit Applications and Meeting Minutes with State/Federal Regulators Water Quality Monitoring Program Draft Report Page 19 of 28 Schedule A — Scope of Services CAO 168I Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" TASK 7.0 ENGINEERING DESIGN (90) PERCENT 7.1 Preparation of 90% Box Culvert Plans, Profile and Sections Sheets Prepare 90% engineering plans, profiles, details, and sections for proposed supplemental outfall box culvert design for the outfall ditch, control structures, weir wall, and drainage improvements. 7.2 Preparation of 90% Maintenance of Traffic Plans and Detours CONSULTANT and its subconsultant shall prepare maintenance of traffic plan sheets for the selected alternative based on a 90% design level to identify potential traffic issues and identify sequencing necessary for construction of the various alternatives. 7.3 Preparation of 90% Signalization Plans CONSULTANT and its subconsultant team will prepare 90% plans for the traffic signalization improvements. 7.4 Preparation of 90% STA Plans, Profile and Sections Sheets CONSULTANT and its subconsultant team members will prepare 90% plans, profiles and sections for the proposed Stormwater Treatment Area. 7.5 Preparation of 90% Plans for Water Quality Sampling Station & SCADA telemetry CONSULTANT and its subconsultant team members will prepare 90% plans for the water quality sampling station & SCADA telemetry including electrical feed to the station. 7.6 Preparation of 60% Plans for Access Road to Water Quality Sampling Station and Boat Ramp CONSULTANT and its subconsultant team will prepare 60% plans for the access road to the water quality sampling station and boat ramp areas. 7.7 90% Hydraulic Design and Modeling CONSULTANT and its subconsultant will provide hydraulic modeling for the 90% design alternatives including: • Code selected 90% improvements into the model for outfall alignment and linear pond/STA option. • Perform multiple model runs based on various configurations to determine the most hydraulically efficient design given the site constraints, soils, water table, construction feasibility and cost parameters. • Present findings in exhibits, charts and graphs as needed to communicate results to County staff. 7.8 90% Utility Coordination with County and Providers for Relocation Plans and Sequencing CONSULTANT and its subconsultant team members will provide utility coordination and relocation plans and sequencing plans for the proposed 90% plans as it pertains to the proposed improvements and submit to corresponding agencies for permits/approvals. 7.9 90% Temporary Bypass Pumping Analysis CONSULTANT and its subconsultant team members will analyze the temporary bypass pump requirements based on the 90% design plans, for the purposes of planning and sequencing of Page 20 of 28 Schedule A — Scope of Services C'AO 1681 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" potential construction activities in relation to MOT and other planned operations within the Right of Way. 7.10 90% Design Structural Calculations and Structures CONSULTANT shall prepare the structural calculations required for the design of the proposed structures based on the selected alternative at a 90% design level. 7.11 90% Engineers Opinion of Probable Construction Cost CONSULTANT and its subconsultant team members will prepare an engineer's opinion of probable cost estimate based on the 90% construction plans and other scope of work tasks. 7.12 90% Technical Specifications, Measurement and Payment Sections CONSULTANT and its subconsultant team members will prepare the 90% technical specifications, measurement, and payment package with all applicable divisions for construction of the proposed improvements. 7.13 Finalize Mitigation, Restoration, Environmental Protection Plans, Permits, and Coordination CONSULTANT shall provide re-calculations for the wetland avoidance, minimization and mitigation plan based on the final design plans to ensure the mitigation reflects the final design and coordinate with permitting agencies as needed in regard to the final calculations. 7.14 Preparation 90% Operations and Maintenance Plan An O&M Plan specifies key system operating parameters and limits, maintenance procedures and schedules, and documentation methods necessary to demonstrate proper operation and maintenance of an approved emission control device or system. Generally, a stormwater system maintenance program involves regularly inspecting, cleaning, clearing, and restoring activities, with the essential outcomes of public safety and improved water quality. The Naples Zoo Supplemental Outfall project will generate or incorporate new stormwater facilities including culverts installed by jack and bore, new control structures and Stormwater Treatment areas with automated water quality stations. CONSULTANT will meet with the County's Stormwater O&M staff to discuss the process employed by the County to operate and maintain the County's stormwater assets. As part of the County's MS4 NPDES permit conditions, the Stormwater O&M staff schedules the various activities associated with MS4 permit and documents the completion of the work through inspection forms, which are subsequently uploaded to a local supervisor's computer and annually reported to the FDEP NPDES/MS4 group program manager. CONSULTANT will review Standard Operating Procedures (SOP's) for stormwater system operation and maintenance of Stormwater Treatment Areas and associated facilities applied by municipalities similar to the Collier County size, location and resources, and compile a list of SOP's that are recommended for adoption by the County Stormwater Management Division. 7.15 Preparation of Signalization ROW Permit CONSULTANT will prepare the signalization ROW permit based on the 90% design level signalization plans and coordinate with the County and FDOT transportation departments as needed. Page 21 of 28 Schedule A — Scope of Services 1 6 B Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 7.16 Prepare 90% Exhibits and Presentations for Meetings CONSULTANT will prepare PowerPoint presentations and exhibits for future meetings with the regulatory agencies, Collier County, public and other stakeholders as needed regarding the 90% design plans. 7.17 Attend 90% Design Review Meeting CONSULTANT and its subconsultant team members will schedule and attend a 90% design review meeting with County staff. 7.18 90% Presentation to County Staff CONSULTANT and its subconsultant team members will present the 60% design plans to County project management staff and shall be available for additional presentations at the request of the County project manager. Task 7 Deliverables Infraworks Model Renders 90% Plans, Profile and Sections for Roadway, Utilities, Signalization, MOT, Structures, STA 90% Restoration Plans 90% Technical Specifications Package 90% Engineer's Opinion of Probable Cost 90% Design Presentation to County staff XP-SWMM Model Data as requested by County Copies of Meeting minutes with State/Federal regulators TASK 8.0 FINAL ENGINEERING DESIGN (100) PERCENT 8.1 Finalize Box Culvert Plans, Profile and Sections Sheets Finalize 100% engineering plans, profiles, details, and sections for proposed supplemental outfall box culvert design including the outfall ditch, control structures, weir wall, and drainage improvements. 8.2 Finalize Maintenance of Traffic Plans and Detours CONSULTANT and its subconsultant shall finalize maintenance of traffic plan sheets for the selected alternative based on a 100% design level to identify potential traffic issues and identify sequencing necessary for construction of the various alternatives. 8.3 Finalize Signalization Plans CONSULTANT and its subconsultant team will finalize the 100% plans for the traffic signalization improvements. 8.4 Finalize STA Plans, Profile and Sections Sheets CONSULTANT and its subconsultant team members will finalize the 100% design plans, profiles and sections for the proposed Stormwater Treatment Area. 8.5 Finalize Plans for Water Quality Sampling Station & SCADA Telemetry CONSULTANT and its subconsultant team members will finalize the 100% final plans for the water quality sampling station & SCADA telemetry including electrical feed to station. Page 22 of 28 Schedule A — Scope of Services 168I Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 8.6 Finalize Plans for Access Road to Water Quality Sampling Station and Boat Ramp CONSULTANT and its subconsultant team will finalize 100% plans for the access road to the water quality sampling station and boat ramp areas. 8.7 Finalize Final Proposed Conditions Hydraulic Model CONSULTANT and its subconsultant team members will finalize hydraulic modeling for the 100% design configuration for the proposed improvements. SUBCONSULTANT shall prepare and present findings in exhibits, charts and graphs as needed to communicate results to County staff. 8.8 Finalize Utility Coordination with County and Providers for Relocation Plans and Sequencing CONSULTANT and its subconsultant team members will provide final utility coordination with public and private utility providers as it pertains to the proposed improvements and submit to corresponding agencies for permits/approvals. 8.9 Finalize Design Plans for Utility Relocations as Needed CONSULTANT and its subconsultant team members will provide final utility relocation plans and sequencing plans. 8.10 Finalize Engineers Opinion of Probable Construction Cost CONSULTANT and its subconsultant team members will finalize the final engineer's opinion of probable construction cost estimate for the 100% construction plans and other scope of work tasks. 8.11 Finalize Environmental Agency Coordination and Approvals CONSULTANT and its subconsultants will address and respond to final permitting and monitoring requirements for compliance with permit conditions including seagrasses, wetlands, endangered species, and vegetation. 8.12 Finalize Operations and Maintenance Plan CONSULTANT and its subconsultant shall finalize and update the operations and maintenance plan previously prepared at the 90% design level, based on the 100% final design plans to ensure all O&M information is provided. 8.13 Environmental Gopher Tortoise 100% Survey CONSULTANT shall perform a final 100% design level gopher tortoise survey to verify that no additional gopher tortoise burrows have been established since the initial gopher tortoise survey, and if additional burrows are located, these burrows shall be recorded and submitted to FWC for permits. 8.14 Final Design Review Meeting CONSULTANT and its subconsultant team members will attend a final design review meeting with County staff to discuss final plans, cost estimates and permitting. 8.15 Submit Final Bid Package with Bid Set Plans, Permits and Specifications CONSULTANT and its subconsultant team members will prepare a complete ready-for- procurement project bid package complete with signed and sealed plans, permits (with permit conditions), specifications and summary of quantities bid form. Page 23 of 28 Schedule A — Scope of Services CAO 16B1 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" Task 8 Deliverables Infraworks Model Renders 100% Plans, Profile and Sections for Roadway, Utilities, Signalization, MOT, Structures, STA 100% Restoration Plans 100% Engineer's Opinion of Probable Cost 100% Design Presentation to County staff XP-SWMM Model Data as requested by County Final Ready to Advertise Plans, Permits, Specifications and Bid Form Excel Sheet Copies of Meeting Minutes with State/Federal regulators Gopher Tortoise Permit Application TASK 9.0 POST DESIGN SERVICES 9.1 Provide Support for RFI Response during Bidding CONSULTANT and its subconsultant team members will prepare written responses to contractor RFI's during the contractor procurement process. 9.2 Attend Pre-Bid Conference and Provide Written Addenda CONSULTANT will attend a pre-bid meeting and will prepare the written meeting agendas, contract addendums, and plan clarifications as needed during the contractor procurement process. 9.3 Review Bid Submissions CONSULTANT review all submitted bids to determine the conformance with the solicitation requirements and to review the tabulated bids to ensure all costs have been tabulated per the bid form instructions, and that all information required to be submitted, has been submitted in accordance with the terms and conditions described in the bid documents. 9.4 Prepare Bid Tabulation CONSULTANT shall develop a bid tabulation from the bid forms of the bidders determined to be responsive to the solicitation. 9.5 Interview References of Contractor CONSULTANT shall interview and verify the Contractor's submitted references in their bid submissions. 9.6 Design Engineer Letter of Recommendation of Award (DELORA) CONSULTANT shall provide a Design Engineer Letter of Recommendation of Award (DELORA) once the lowest responsive bidder has been identified. 9.7 Pre-Construction Bald Eagle Nest Monitoring and Agency Coordination CONSULTANT shall provide pre-construction bald eagle nest monitoring and coordinate with state and federal agencies as needed in relation to the nest. 9.8 Pre-Construction Gopher Tortoise Survey Update Just prior to construction, CONSULTANT shall perform a pre-construction gopher tortoise survey to check for new burrows and to ensure previously known existing burrows are unchanged. Page 24 of 28 Schedule A — Scope of Services CAO 1681 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 9.9 Gopher Tortoise Relocation Permitting and Relocations CONSULTANT shall permit gopher tortoise relocations and identify recipient sites and perform relocations of gopher tortoises at active burrows within the limits of construction with certified agents. 9.10 Stakeout Easements & Right of Way CONSULTANT shall provide a surveyed stakeout of all permanent and temporary easements and the Right of Way boundaries prior to construction. Task 9 Deliverables RFI Reponses as needed or directed by County Written Addenda as directed by County Written Recommendation of Award (DELORA) Verification of Contractor Reference Statement Gopher Tortoise Permit Application TASK 10.0 ENGINEERING CONSTRUCTION PHASE SERVICES 10.1 Project Kickoff Meeting with Contractor CONSULTANT and its subconsultant team members will attend a project kickoff meeting with the selected contractor, utility providers, regulatory agency representatives and Collier County staff. 10.2 Monthly Meetings CONSULTANT and its subconsultant team members will attend monthly meetings with the selected contractor and/or County staff during an anticipated 24-month construction schedule. 10.3 FEMA LOMR Application Prepare and Submit CONSULTANT will prepare a Letter of Map Revision (LOMR) application through FEMA's online FOMC e-permitting portal, for the project, including the preparation of associated mapping, exhibits and H&H model documentation to obtain a LOMR for the project. CONSULTANT shall coordinate with the selected Contractor to obtain the as-built construction documentation which provides the official record drawings, as well as the County's floodplain administrator as needed in relation to the LOMR process. 10.4 FEMA LOMR Application Respond to RAI's CONSULTANT will address and respond to any regulatory Request for Additional Information (RFI's) from FEMA in relation to the LOMR permitting process and shall coordinate with the County's floodplain administrator as needed in relation to the LOMR process. 10.5 Bald Eagle Nest Monitoring and/or Environmental Agency Coordination CONSULTANT shall provide on site bald eagle nest monitoring during construction and coordinate with all pertinent agencies having jurisdiction over the nest regarding the nest activity throughout the construction phase. 10.6 Gopher Tortoise Survey Update CONSULTANT shall gopher tortoise surveys during construction to monitor gopher tortoise activity within the limits of construction. Page 25 of 28 Schedule A - Scope of Services CAO 1681 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" 10.7 RFI Response Generation CONSULTANT will respond to inquiries from the Contractor with regard to interpretations of the construction documents and technical questions in relation to the engineer of record's design drawings. 10.8 Post Design MOT Review CONSULTANT perform a post-design MOT review to assess the performance of the contractor's MOT setup in relation to the MOT shown on the final plans. 10.9 Post Design Signalization Review CONSULTANT perform a post-design signalization review to assess the performance of the signalization work in relation to the signalization shown on the final plans. 10.10 Review Contractor Submittals CONSULTANT shall review the Contractor's submittals once a Notice to Proceed for Construction is issued. 10.11 Field Visits / Observations CONSULTANT shall be available for site visits and field meetings in the event an RFI is submitted by the contractor, or for questions received from County staff, requiring field investigation by the engineering design team for the purpose of providing a written response to the contractor's RFI or inquiries from County staff. CONSULTANT shall provide field observations on a monthly basis during construction and record any observations and notes for County staff in regard to the Contractor's progress. 10.12 Pay Application Review CONSULTANT shall review the Contractor's monthly pay applications for compensation for completed work. 10.13 Review Record Drawings CONSULTANT shall review the Contractor's record drawings during the closeout period. 10.14 Substantial Completion Services CONSULTANT shall perform a field visit to inspect completed work at substantial completion for the purpose of identifying elements of completed work that may not be in conformance with the contract documents. 10.15 Final Completion CONSULTANT shall perform a field visit to inspect completed work at final completion for the purpose of confirming that punchlist items have been addressed at the work is compliance with the contract documents. 10.16 Permit Closure Services CONSULTANT shall report to permitting agencies once the work has been completed to notify said agencies of final completion and to address any submittal to permitting agencies in accordance with permit conditions for the purpose of closeout. Page 26 of 28 Schedule A — Scope of Services 1681 Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" Task 10 Deliverables Kickoff Meeting Minutes with Contractor Monthly Meeting Update Status Reports Bald Eagle and Gopher Tortoise Monitoring Status Update Copy of LOMR Application to FEMA Final LOMR Letter from FEMA Confirmation of Pay Application Review Statements Bi-Weekly Field Observation Reports MOT and Signalization Review Statements RFI Responses Record Drawing Review Statements Substantial Completion Letter Final Completion Letter Agency Permit Closure Letters (as needed) TASK 11.0 WARRANTY SERVICES 11.1 6 Month Warranty SCADA Sampling Station System Final Walk Throughs CONSULTANT and its subconsultant team members will schedule and attend a warranty walk- through meeting at 6 months with the selected contractor and County representatives to review those project components related to the SCADA Sampling station system, which are subject to warrantees and those components of the project requiring mechanical and electrical start-ups and operational guidelines. Equipment manuals will be distributed to the County for their records and maintenance operations. 11.2 11 Month Warranty Final Walk Throughs CONSULTANT and its subconsultant team members will schedule and attend a warranty walk- through meeting at 11 months with the selected contractor and County representatives to review those project components which are subject to warrantees and those components of the project requiring mechanical and electrical start-ups and operational guidelines. Equipment manuals will be distributed to the County for their records and maintenance operations. 11.3 1 Year Warranty Punchlist/Contractor Warranty Verification CONSULTANT and its subconsultant team members will participate in the generation of a contractor punchlist at substantial completion for any items not in conformance with the contract documents. 11.4 SCADA Sampling Station System Calibration Services Smith Engineering staff will perform calibration for the proposed SCADA-based water quality sampling station. SCADA hardware typically includes data collection devices such as sensors and relays, data processing devices, such as a Programable Logic Controller (PLC) or Remote Terminal Unit (RTU), and data display devices such as an HMI or monitor. Alternatively, SCADA software analyzes and translates the collected data into useful information to be distributed to operators. SEC will work with the County's SCADA staff to address full connection integration of the outfall sampling station telemetry into the County's SCADA automated network. CONSULTANT/SUBCONSULTANT will also participate jointly with the selected contractor in the installation and calibration of the proposed water quality sampling station and its interaction with the SCADA software controls. Page 27 of 28 Schedule A — Scope of Services 168 1- Request for Professional Services (RPS) # 23-8057 "Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall" Task 11.0 Deliverables 6 Month Warranty Walkthrough Statement Page 28 of 28 Schedule A — Scope of Services 1681 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item `' Description Lump Sum Time and Materials Not-To-Exceed 1.0 PROJECT DURATION TASKS $27,111.71 $118,110.00 2.0 PUBLIC OUTREACH $64,957.80 $29,080.00 3.0 DISCOVERY& RECORDS RESEARCH $12,221.28 $52,402.00 4.0 FIELD DATA COLLECTION $234,528.80 $341,247.80 5.0 FEASIBILITY STUDY AND ENGINEERING DESIGN (30%) $249,836.03 $371,568.00 6.0 ENGINEERING DESIGN (60 PERCENT) $105,691.24 $188,207.00 7.0 ENGINEERING DESIGN (90 PERCENT) $61,092.24 $109,007.00 8.0 FINAL ENGINEERING DESIGN (100 PERCENT) $44,178.00 $73,688.00 9.0 POST DESIGN SERVICES $5,882.00 $65,616.00 10.0 ENGINEERING CONSTRUCTION PHASE SERVICES $95,176.00 $253,100.00 11.0 WARRANTY SERVICES $22,882.00 $12,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Page 18 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 1681 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ REIMBURSABLES $ $57,457.50 $ $ Total Lump Sum Fee $ 923,557.10 Total Time and Materials Fee $1,671,483.30 GRAND TOTAL FEE $2,595,040.40 B.2.2. 0` Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages(basic, premium and incentive) paid to CONSULTANT's personnel,with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. Page 19 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 16B1 B.2.3. 0" Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any,the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: Page 20 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] CAO 1681 ` B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. [END OF SCHEDULE B] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 21 of 30 PSA_CCNA Single Project Agreement[2022_ver.l] CAO 1b81 SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Sr. Project Manager $300.00 Project Manager $235.00 Senior Engineer $275.00 Engineer $215.00 Sr. Engineering Intern $150.00 Senior Inspector $195.00 Cadd Designer $140.00 Senior Environmental Specialist $156.00 Environmental Specialist $120.00 Surveyor and Mapper $204.00 Survey Crew 3-Man $275.40 SUE Crew 3-Man _ $295.00 SUE Crew 2-Man $210.00 SUE Manager $200.00 GIS Specialist $114.00 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 22 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 168 " SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days Task/Item For Completion of Task Description from Date of Notice to Proceed 1 .0 PROJECT DURATION TASKS 458 2.0 PUBLIC OUTREACH 458 3.0 DISCOVERY & RECORDS RESEARCH 25 4.0 FIELD DATA COLLECTION 72 5.0 FEASIBILITY STUDY AND ENGINEERING DESIGN (30%) 172 6.0 ENGINEERING DESIGN (60 PERCENT) 270 7.0 ENGINEERING DESIGN (90 PERCENT) 354 8.0 FINAL ENGINEERING DESIGN (100 PERCENT) 458 9.0 POST DESIGN SERVICES 668 10.0 ENGINEERING CONSTRUCTION PHASE SERVICES 1398 11.0 WARRANTY SERVICES 1763 Page 23 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO SCHEDULE D 1 6 B INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to Page 24 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 16B purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( ❑■ ) are required by this Agreement. 10. ❑■ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 14, I I $ Per Claim/Occurrence. 12. n 13. I COMMERCIAL GENERAL LIABILITY. A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. Page 25 of 30 PSA_CCNA Single Project Agreement[2022_ver.1] CAO 16B1 14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. ❑ Watercraft Lability. Coverage shall *c carried by the CONSULTANT or the 16. ❑ SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. 17. ❑■ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. 18. n TTECI4NQL r? Coverage shall have minimum limits of$ Per Occurrence. C-YBER4NSURANC€:--Goverage--shalli #s of$ _ --Per 9coufeRee:- 20, ❑ 111►AQDCI I A I IAQII ITV Automobile Liability coverages required herein and shall include all coverages on a "following form" his- insurance. 21. ■ PROFESSIONAL LIABILITY INSURANCE. A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Page 26 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] CAO 1681 Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] Page 27 of 30 PSA_CCNA Single Project Agreement[2022_ver.1]CAO 168 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, WGI, Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Design Services for Goodlette-Frank Rd/Naples Zoo Stormwater Outfall "project" is accurate, complete and current as of the time of contracting. BY: TITLE: Y t' '- ' A L•( -07 DATE: 1 - lg• L3 Page 28 of 30 PSA_CCNA Single Project Agreement[2022_ver.I) 1681 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time JEFFREY BERGMANN SENIOR PROJECT MANAGER 15% BRETT FULLER SENIOR PROJECT MANAGER-TRANS 15% CHRIS LAFORTE SENIOR ENGINEER 16% ANDRE SMITH ENGINEER 15% SASHA KISHORE SENIOR ENGINEERING INTERN 10% NICOLE SWANTESON SENIOR ENGINEERING INTERN 15% STEPHEN CLANCY SURVEYOR AND MAPPER 2% CARLOS GUITERREZ SURVEYOR AND MAPPER 3% SHANNON WRIGHT SUE MANAGER 3% JOHN ABBOTT SENIOR ENVIRONMENTAL SPECIALIST 5% CHRISTA CHERRY ENVIRONMENTAL SPECIALIST 10% MICHAEL MERCADO SENIOR ENGINEER 12% RAUL MERCADO SENIOR PROJECT MANAGER 8% Page 29 of 30 PSA_CCNA Single Project Agreement[2022_ver.I] CAO 1681 SCHEDULE G Other: (Description) ❑ following this page (pages through ) this schedule is not applicable Page 30 of 30 PSA_CCNA Single Project Agreement 1] CAO