Backup Documents 11/14/2023 Item #16F15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
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 Da01'23
e
1. Risk Risk Management
2. County Attorney Office County Attorney Office ,1 02�
S� 1
4. BCC Office Board of County ,
Commissioners RL It S/ ((/27/23
4. Minutes and Records Clerk of Court's Office ( 1 111
C7{f tl 121.)?) t0641.
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 239-252-6020
Contact/Department
Agenda Date Item was 11/14/2023 Agenda Item Number 16.F.15.
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A F22-80331 Harvard Jolly,
number if document is Harvard Jolly, Inc.
to be recorded Inc.
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 FC
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 FC
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 FC
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 11/14/23 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County 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 an option for
Chairman's signature. this line.
16 15
PROFESSIONAL SERVICES AGREEMENT
Contract # 22-8033
for
" Design Services for Hardening and Expansion of the Collier Senior Center Building
THIS AGREEMENT is made and entered into this /4 day of Nt1/217)be,d, 20 23 by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "COUNTY") and
Harvard Jolly, Inc. authorized to
do business in the State of Florida, whose business address is
2714 Dr. ML King Jr. Street. N., St. Petersburg, FL 33704 (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 Hardening and Expansion of the Collier Senior Center Building
(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.
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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 Tomas Mayo, AIA 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(ccolliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
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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.
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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.
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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;
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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.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee,
reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material
invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's
Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time
spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark-up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements would
most likely change. As a general business practice, these contracts include back-up documentation
of costs; invoices would include number of hours worked and billing rate by position (and not company
(or subcontractor) timekeeping or payroll records), material or equipment invoices, and other
reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply
only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1
above. ['Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached
hereto, are for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation 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.
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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.
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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 CONSULTANTS 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
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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
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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
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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: Facilities Management Division
Division Director: John McCormick
Address: 3335 Tamiami Trail East
Naples, Florida 34112
Administrative Agent/PM: Claudia Roncoroni, Project Manager II
Telephone: (239) 877-8274
E-Mail(s): Claudia.Roncoroni@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: Harvard Jolly, Inc.
Address: 1639 Hendry Street
Fort Myers, Florida 33901
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Attention Name & Title: Ward J. Friszolowski, President/Tomas A. Mayo, Director
Telephone: (239) 275-7774 /239-275-7774
E-Mail(s): w.friszolowski@harvardjolly.com /t.mayo@harvardjolly.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: Federal Contract Provisions and Assurances
Solicitation # 22-8033 , including all Attachment(s), Exhibit(s) & Addendum
Consultant's Proposal
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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."
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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******
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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 an&Comptroller
By: , i By:
Date".''.`i l 1'2.1 ,o Attest as to Chairman's Rick LoCastro Chairman
signature only.
pproved to o mid L ality:
County Attorney
C4 6R a 1-1-.....—
Name
Consultant:
Consulta is Witnesses:
Harvard Jolly, Inc.
c By: 14//444tJi 2 !} s.j
tess ,J Wttocir) J. F12l 'lbL 14.1 , fg• L -
Name and Title Z Name and Title
"TPTetAIW 16,2v '3 cp�� 19 Zo 2'3
gok Gro4 V 1
Witness
?asei4I R y 1-0Z)rss `Acciq c%/Cle
Name and Title
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SCHEDULE A
SCOPE OF SERVICES
1 6
following this page (pages through _)
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Grant Funded Request for Professional Services (RPS)#22-8033
"Design Services for Hardening and Expansion of the Collier Senior Center Building"
SCHEDULE A
SCOPE OF SERVICES
DETAILED SCOPE OF WORK
The Consultant will need to evaluate the existing site, structural elements, roof system, fire
protection, Mechanical, Electrical and Plumbing (MEP) systems and components, and any other
aspects of the project that may need to be addressed.
The Consultant shall provide a full assessment of all existing building components and a full scope
of design, permitting, bidding and contract administration services necessary to complete the
project as described including but not limited to the following:
1. The intention of this project is to storm-harden and expand the existing building and site to
the extent feasible with the available budget,vacant site area and available existing parking
spaces. The building envelope hardening shall meet current Florida Building Code
minimum storm-resistance criteria,but not less than Category 5/180 MPH wind speed. The
required building expansion size is undetermined at this time but will contain a flexible
meeting room to accommodate 100 people and associated support spaces.
2. Provide a report assessing the condition of all major building components to establish
which elements need to be harden,by which extent,and by which methodology The facility
need not be hardened to hurricane shelter standards. The hardening of the building may
consist of the following activities but not limited to:
a. Replacement and Inspection of the existing trusses, shingles and underlayment.
b. Installation of a new roof.
c. Replacement of all existing doors, louvers and windows with impact rated
elements,
d. Wall hardening
e. Structural elements hardening
f. Building exterior retrofit achieved by using hazard resistant materials in accordance
with national safety standards.
g. Drainage management modifications,
h. Relocation of essential mechanical, plumbing and electrical components,
i. Installation of a generator.
j. Evaluation of the existing lift station
k. Installation of an emergency secondary water supply to be connected to the building
1. Installation on a new septic tank to be located adjacent to the hardened structure—
septic tank and secondary water supply will supplement a proper functioning of the
plumbing system after an emergency event.
3. Provide all programming and preliminary design documents for use in establishing the
basis for the final design of the site, the existing building and the new expansion. These
documents will include site plans, floor plans and building elevations in sufficient detail to
illustrate the program of spaces, convey general building and site design and generate a
project budget.
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Schedule A—Scope of Services
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Grant Funded Request for Professional Services (RPS) #22-8033
"Design Services for Hardening and Expansion of the Collier Senior Center Building"
4. Provide all geotechnical, soil boring, boundary and topographical surveys, traffic,
environmental and species surveys, reports and studies necessary to fully permit and
complete the project.
5. Prepare and submit for all permits related to the project, including the building permits,
and ensure necessary permitting is completed to facilitate project schedule. Coordinate
with the Construction Manager/General Contractor as necessary during the submission of
the building permits.
6. Coordination with the County's contracted General Contractor throughout the project
timeline to ensure value, constructability, and an efficiently planned and constructed
facility.
7. Provide final design documents including, but not limited to, architecture, civil
engineering, structural engineering, Mechanical, Electrical, and Plumbing (MEP)
engineering, Furniture, Fixtures & Equipment (FF&E), low voltage/technology, fire
protection and landscape architecture documents required for permitting and construction.
8. The design will include impact rated operable windows to increase air circulation as
needed, and the installation of a High-Efficiency Particulate Air (HEPA) fan/filtration
system to improve air quality. The Environmental Protection Agency (EPA) has indicated
that airborne transmission can be reduced when the layout,design,and Heating,Ventilation
and Air Conditioning(HVAC) systems are all improved.
9. If available, utilize the County's project management platform throughout the project for
all communications, document management, approvals, site observations and request for
information.
10. The Consultant shall appoint a person to act as a primary contact for the duration of the
project. This person (or their back-up) shall be readily available during normal working
hours by phone or in person and shall be knowledgeable of the overall project status and
activities.
11. The design shall comply with all required State and Local Building codes along with all
current health guidelines and standards.
12. Public outreach and meetings necessary to complete a project of this size and scope in this
specific location.
13. Coordinate with County staff to develop an effective and efficient program, acquire all
necessary permits in a timely manner, provide a design suitable for the intended use
incorporating best design practices for efficient and resilient building.
14. Facilitate and attend all project meetings, prepare agendas, generate meetings and provide
follow up on tasks.
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Schedule A— Scope of Services
6 F15
Grant Funded Request for Professional Services (RPS) #22-8033
"Design Services for Hardening and Expansion of the Collier Senior Center Building"
15. Provide the County all necessary and appropriate documents for review throughout each
review point of each phase of the project.
16. Provide Bidding assistance for the project and assist with the coordination of this project.
The County will administrate the solicitation/bidding process for selection of the General
Contractor.
17. This will be a single-phase design and construction project.
18. Interior improvements to the existing building include modifications to the existing toilet
facilities to meet accessibility requirements, minor modifications to the existing kitchen to
accommodate additional/replacement equipment and renovation of interior finishes.
19. Assist the County with Architectural/Engineering(A/E)design documents to support Grant
submissions. General administration of Grant requirements is not anticipated or included.
20. Services to seek a sustainability certification standard such as Leadership in Energy and
Environmental Design (LEED) or Green Globes are not required.
21. Services for building service systems Life Cycle Cost Analysis are not required.
22. Provide retention of all project documents for a minimum of 10 years from date of project
completion.
Scope of Architectural &Engineering Services
1. Task 1 - Preliminary Site and Building Assessment:
A. Fully inspect the existing building and generate a detailed report assessing the
condition of all major building components to clearly identify which elements need
to be harden, by which extent, and by which methodology.
B. Fully investigate if an SDP amendment is necessary for the proposed addition, and
if so, produce and provide all necessary documentations necessary for this
process, and obtain the SDP Amendment.
C. Provide Ground Penetrating Radar(GPR)testing at Concrete Masonry Unit(CMU)
walls as required to confirm structural integrity.
D. Provide geotechnical subsurface soils testing at area of new building construction.
E. Provide boundary and topographical survey of project site.
F. Measure existing building and create Computer-Aided Design base plans as
required.
G. Work with Collier County staff and stakeholders to identify facility program needs
and desired spaces.
H. Complete a campus-wide Parking Reduction Study to determine need for additional
on-site parking capacity associated with project.
Deliverable: Analysis Summary Report.
2. Task 2-Preliminary Site and Building Design(Programming and Schematic Design):
A. Generate schematic floor plans and site plans.
B. Generate three-dimensional and Building Information Modeling (BIM)/Rivet
models.
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Schedule A—Scope of Services
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Grant Funded Request for Professional Services (RPS) #22-8033
"Design Services for Hardening and Expansion of the Collier Senior Center Building"
C. Review the design options along with the preliminary cost estimates with County
staff and implement any changes and/or modifications to the preliminary design
documents.
D. Schedule and attend all necessary meetings with Collier County Growth
Department, Collier County Facilities Management Division PM and all other
entities that may be involved in this project.
E. Provide a construction cost estimate at the completion of Schematic Design phase.
F. The Consultant will receive all available equipment information, including cut
sheets, where applicable during Task 2.
G. The Consultant and their subconsultant(s), if any, shall complete all required public
involvement services throughout the design and construction phases. Work under
this item is to include, but not be limited to, the following:
• Attend and present status of project design at public information meetings as
scheduled by the County Project Manager. Respond to public concerns in
coordination with the Project Manager.This includes,phone calls,e-mails,site
visits, meetings, and special reports.
H. Assist the Project Manager with Neighborhood Information Meetings as required,
including room set up and presentation of project materials.
Deliverables: Building Space Program and Schematic Design Drawings.
3. Task 3 - Final Design (Construction Documents):
A. Provide 30/60/90/100 percent drawing submittals for review by Collier County
staff Document and track the disposition of all County's comments and feedback
to ensure full and complete capture of stated needs.
B. Provide a construction cost estimate at the completion of 30%, 60% and 90%
contract documents.
C. Provide construction documents including drawings and specifications to comply
with the current Florida Building Code, in sufficient detail for bidding, permitting
and construction.
D. Meet all appropriate codes and standards for the design of government buildings
including all federal, state and local requirements.
E. Conduct a 30%, 60%, 90% and 100% completion stage project peer review to
provide Quality Assurance/Quality Control (QA/QC) of the contract documents.
This review will be conducted by experienced personnel not involved in the day-
to-day design of the project to ensure"fresh eye"review.
F. Provide detailed designs relating to Americans with Disabilities Act (ADA)
accessibility to ensure all requirements are clear and detailed.
G. Provide Material/Finish & color selections. Coordination needs to take place with
the stakeholder at each phase: 30%, 60%, 90%and 100%.
H. Provide all civil, architectural, structural, mechanical, plumbing, electrical,
landscape, low voltage/IT, fire alarm, and fire protection designs to ensure a
complete design for a "Turn Key" type of project. Ensure full coordination of
design documents between trades and design disciplines.
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Schedule A—Scope of Services
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Grant Funded Request for Professional Services (RPS) #22-8033
"Design Services for Hardening and Expansion of the Collier Senior Center Building"
I. Include all low voltage and technology designs as part of the design package.
Collier County will provide consultant with preferred specifications. Coordinate
with Collier County Information Technology (IT) Division, contract vendors,
Facilities Management, and other appropriate specialties to specify outlets and
conduit infrastructure for low voltage and audio-visual systems.
J. Coordinate with the County Project Manager to provide suggested layout drawings
of the County provided furniture, fixtures, and equipment, as necessary.
K. Submit all documents on behalf of the County for building permit review, provide
any support during that process to achieve a permit status of"Ready for Issuance".
L. Produce a complete"For Construction"package of drawings and specifications in
preparation for bidding. Coordinate with the County's Project Manager to support
the bidding process.
Deliverables: Construction/Permit Documents and Construction Cost Estimates.
4. Task 4 - Pre-Construction & Bidding Phases:
A. Assist in preparing addenda, as required, to interpret, clarify, or expand Bidding
Documents.
B. Consultant will advise the County as to the acceptability of the General Contractor
and subcontractors, suppliers and other organizations proposed by the Prime
Contractor for those portions of the work as to which such acceptability is required
by the Bidding Documents.
C. Consult with the County concerning, and determine the acceptability of, substitute
material and equipment proposed by the Contractor when substitution prior to the
award of contracts is allowed by the Bidding Documents.
D. Attend a pre-bid/quote conference.
E. Respond to contractor/subcontractor questions within three (3) business days
F. Attend the bid opening, review bids, qualifications.
G. Provide a recommendation letter of award with a "Reference Log" showing date,
time,and comments of all contacted references provided by the prospective General
Contractor.
H. Coordinate with the County `staff and/or Construction Manager during bidding for
each phase of the project.
I. Assist with pricing analysis.
J. Review bids and alternates.
Deliverables: Addenda,RFI responses, and Award Recommendation letter.
5. Task 5-Post Design Services/Construction Administration
A. Attend pre-construction conference if scheduled.
B. Attend two (2) on-site Owner Architect Contractor(OAC) progress meetings per
month maximum and have consultants attend specific on-site meetings when their
presence and feedback are required (minimum 3 on-site meetings per trade).
Construction anticipated 18-month duration maximum.
C. Review monthly Contractor Payment Applications.
D. Review shop drawings within ten (10) business days.
E. Respond to Requests for Interpretation (RFIs) within three (3) business days.
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Schedule A—Scope of Services
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Grant Funded Request for Professional Services (RPS) #22-8033
"Design Services for Hardening and Expansion of the Collier Senior Center Building"
F. Review and make recommendations on Work Directive Changes related quotes,
any use of allowances, contingencies and/or proposes amendments to the
construction contract.
G. Perform field observation site and provide team with observation reports.
H. Review daily field observations provided by the County Inspector on daily
construction activities for the duration of the whole construction process.
I. Incorporate the as-built drawings and information provided by the General
Contractor and any other vendors into an updated final drawing set in AutoCad
format, including all layers, references, and other accompanying files.
J. Perform Final completion inspections, issue a punch list and update it as
necessary, review of submitted manuals and all other contract closeout items.
K. Provide cost opinion for value of outstanding contractor punch list items at time
of construction substantial completion.
Deliverables: Documentation of responses to RFIs, Submittals, and Contractor
Payment Applications,AutoCAD As-built drawings,Punch List, and Punchlist
Cost Opinion.
6. Task 6- Warranty Services
A. The Consultant and Consultant's team will provide warranty services for one (1)
year after the final completion of the project construction. Work under this item is
to include, but not be limited to, the following:
• Post Construction walk thru: Generate a list of warranty issues and coordinate
with the contractor.
• Review the post construction video and pictures provided by the contractor.
• Keep a log of all warranty issues.
• One (1) Year Warranty walk thru with the Contractor and County Staff.
Deliverable: Warranty Field Report.
Page 6 of 6
Schedule A—Scope of Services
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16 F15
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 Preliminary Site and Assessment $81,118 $
2 Preliminary Site and Building Design $107,979 $
(Programming and Schematic Design) $ $
3 Final Design (Construction Documents) $266,237 $
4 Pre-Construction & Bidding Phases $27,223 $
5 Post Design Services/Construction Administration $108,796 $
6 Warranty Services $6,535 $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Page 18 of 30
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16 F15
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Lump Sum Fee $ 597,888
Total Time and Materials Fee $0
GRAND TOTAL FEE $597,888
8.2.2. ❑` i e..,ar�d M tc ial Fees:.---The-fees-noted-in-Section B.2.1. shall-eotinsttute t"e-- eUnts4e-be
' TANT-far the performance-of the BasieServices, Direct Labor-Costs-mean-the-actual
salaries-and-wages-(basic;premiur -incentive)paid-te•CONSU ArN P& FS011nelrwith respect—to—this
Project--including-all ndir-ee pa fated-eests fringe benefits, all in ceordance with--and-not--in
excess-of-the-rates-set4orth ire-the-At#aehme to this Schedule43:—With-each-monthly-Applieatien--fof
Payment---CONSUL--TAN sla el ti f.e-recordcren ar y-ether doeu r tatloc--reasonably
required--by-the--G UN-P(-regaling-GO sts incufr-ed--at-t ae-tie-of-billing;to
be-reviewed-and approved by-the-COUN h•efe be na-overtime pay without t
written,approval:
9.2.2.; Notwitl standing an tl i in-rye-event--rnay--CONSULTAPITIs-monthly
billingsron a,eumulative-basis--mac • lying-the-applie
tasks)R its-by-the-pore tage-th rmined-C mpleted achtar�k�
of-that • • iing
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t, 6 F15
B.2.3. III* 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:
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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
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16Ft5
SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal $215
Sr. Project Manager $190
Sr. Project Architect $165
Project Architect $150
Project Manager $140
Interior Designer $140
Construction Administrator $100
CADD Technician $120
Clerical/Administrative $75
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 Protects, the above hourly
rates are for purposes of providing estimate(s), as required by the grantor agency.
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16F15
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
Task/Item For Completion of Task
Description from Date of Notice to
Proceed
1 Preliminary Site and Assessment 60
2 Preliminary Site and Building Design 150
(Programming and Schmatic Design)
3 Final Design (Construction Documents) 300
4 Pre-Construction & Bidding Phases 440
5 Post Design Services/Construction Administration 805
6 Warranty Services 1170
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16F15
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below
listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the
nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified in
this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten
(10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that
CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance policies required shall be provided to the
COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision
that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty
(30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the
COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from
its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT
hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval
or agreement by the COUNTY that the insurance requirements have been satisfied or that the
insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this
Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in this
Section except to the extent such insurance requirements for the subconsultant are expressly waived
in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required herein,
the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails
to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the
right to offset these costs from any amount due CONSULTANT under this Agreement or any other
agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to
Page 24 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
6
purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance
company or companies used. The decision of the COUNTY to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion
of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish
to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three
(3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY
with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the
COUNTY may terminate the Agreement for cause.
Sections checked ( ) are required by this Agreement.
10. ■ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation
and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this
Agreement for all employees engaged in the work under this Agreement in accordance with the laws
of the State of Florida. The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of
$ 1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be so
endorsed.
1.1,,. n U!-netted-State ongshoreman!s.anadHarbar.Worker''s Ac-t overage shall..be..maintained
where--applicable somplet3 hafl—hive
—Per-Claim/Occurrence:
12: ❑17,aritime--Coverage-pones-Art--s fl--be--raaaw ra wMere-applicable--to thecomplet -o€
the-work:----Coverage shall taave irz+rraa liraaits eft. ___ . Per-Claim/Occur-rence:
13. ❑■ 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, $2,000,000
aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under
LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by
or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject
to the approval of the Risk Management Director or his/her designee.
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16F15
14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and
included as an "Additional Insured"on the Insurance Certificate for Commercial General Liability where
required. The insurance shall be primary and non-contributory with respect to any other insurance
maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall
be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same
insurance requirements that the Contractor is required to meet.
15, ❑ Watercraft Lo- bi!it,. Coverage.__._shall-.be-_-carried---by---tl e• CONULTANT --e- -t-f e
SUSGONSULTAN-T—i-n--timits.....of.._ et--less--than---flag--Oemmeroial General- ,Liab ity_...lir, it 4 ewr�-i
e-S m ce trader-ala•s Agreement:
467 ❑ Aircraft Liability:- age-----shalf---be---ear ied-
SAC
1 1
completion-ef-the-Services-uneler-this-Agreement
❑BUSINESS AUTOMOBILE LIABILITY-INSURANCE-Coverage shall have--minimum-limits
of-$ -PeFOccurrence,-Gembined Single Limit-for Bodity-Infury Liability-and Property
Dama . ofude-Owned--Vehicles Hired-and Non -Vehaolcs and
Employee-Nan—The—ownership:
1-8: ❑TECHNOLOGY-ERRORS_AND.OMISSIONS INSURANCE;-Coverage.snall-have
mirair rv�li i#o-ef$ Per Occurrence:
4-9- ❑CYBER-INSURANC€. Coverage-shall•have- imum imits of_$ ---- P_f
Ooettrrene :
20: ❑ UMEREiLLA-LIABILITY:
ArUmbrella-Liability--may-be maintained-as-part of-the-liability-insu age-of-th - NSULTANT
• all-be-exc bility;-C®,n mereial-General---iabilityrand
Au erages-required herein-and--shall-include all coverages-on a"following--for-m"
basis:
B-- e-policy--shall-eantein-wording--to e#get tlgat;-in--tl vent•-of_the...exh a ny
underlying-limit-due to the payment of claims~,- etla--policy«will drop-.down"--to apply-as-primary
insurance:
21. n 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
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6 � l5
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]
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SCHEDULE E 16 F 1
TRUTH IN NEGOTIATION CERTIFICATE J
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Harvard Jolly, 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 Hardening and Expansion of the Collier Senior Center Building
"project" is
accurate, complete and current as of the time of contracting.
V Vitei
BY: ir
TITLE: er-1cStpT/t
DATE: 4-4,4.4, L�1 f 1,0'23
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SCHEDULE F , 6 F 15
KEY PERSONNEL
Name Personnel Category Percentage of
Time
Ward Friszolowski Principal 1%
Thomas Mayo Sr. Project Manager 15%
Blayne Rose Project Manager 25%
Amy Weber Bradlow Project Architect 10%
Blaine Lind CADD Technician 45%
Winola Davidson Interior Designer 4%
Page 29 of 30
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, 6F15
SCHEDULE G
Other: Federal Contract Provisions and Assurances
(Description)
❑■ following this page (pages 1 through 14
n this schedule is not applicable
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� �► F15
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(ADMINISTRATION ON AGING)
AND
FLORIDA DEPARTMENT OF ELDER AFFAIRS
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA
financial assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards (2 CFR Part 200.23)the definition of CONTRACTOR is
an entity that receives a Contract/Purchase Order.
Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)
agrees to include in the subcontract that(i)the subcontractor is bound by the terms of the Federally-
Funded Subaward and Grant Agreement, (ii)the subcontractor is bound by all applicable state and
Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient
harmless against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law.
FCP-I
CA°
bF1c)
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
Administrative, Contractual, or Legal Remedies: (41 U.S.C. 1908, 2 CFR§200 Appendix II (A)
Unless otherwise provided in this contract,all claims,counter-claims,disputes and other matters in question
between the local government and the contractor, arising out of or relating to this contract, or the breach of
it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
Access to Records and Reports: (2 CFR§200.337)The contractor/vendor agrees to maintain all books,
records, accounts and reports required under this contract for a period of not less than three years after the
date of termination or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case the Contractor agrees to maintain same until
the Purchaser, the Grantor Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Furthermore, the County shall maintain written policies and procedures for computer system
backup and recovery and shall have the same requirement of its Contractors.
Affirmative Socioeconomic Steps: (2 CFR § 200.321) The County is dedicated to fostering the continued
development and economic growth of small, minority-, women-, and service-disabled veteran business
enterprises. All contracting and subcontracting opportunities afforded by this solicitation/contract are
strongly encouraged to contribute as both Contractors and Sub-Contractors. If subcontracts are to be let,
the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to
ensure that small and minority businesses,women's business enterprises, and labor surplus area firms are
used when possible. Firms may be required to submit documentation describing the efforts being made to
encourage the participation of small, minority-,women-, and service-disabled veteran business enterprises.
Byrd Anti-Lobbying Amendment: (31 U.S.C. 1352)(2 CFR§200 Appendix II)Vendors must certify it will
not and has not used Federal appropriated funds have been paid or will be paid, by or to any person or
organization for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. The certification includes any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Civil Rights Compliance:The contractor and its subcontractor(s)who is the recipient of Federal funds(or
assumes others with whom it arranges to provide services or benefits in connection with any of its programs
and activities or assures others with whom it arranges to provide services or benefits to participants or
employees) must comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the
basis of race, color, or national origin (45 CFR 80), and Statutes and Regulations enforced by the Office of
Civil Rights, U.S. Department of Health and Human Services, as follow:
• Section 504 of the Rehabilitation Act of 1973, as amended (29 USC §794), prohibits discrimination
against otherwise qualified individuals on the basis of disability in programs and activities receiving
financial assistance from HHS 45 CFR 84 and/or programs or activities conducted by HHS 45 CFR 85
in the provision of benefits and under the ADA that does not:
a. Exclude a person with a disability from a program or activity;
b. Deny a person with a disability the benefits of a program or activity;
c. Afford a person with a disability an opportunity to participate in or benefit from a benefit or
service that is not equal to what is afforded others;
d. Provide a benefit or service to a person with a disability that is not as effective as what is
provided others;
e. Provide different or separate benefits or services to a person with a disability unless
necessary to provide benefits or services that are as effective as what is provided others; or,
f. Apply eligibility criteria that tend to screen out persons with disabilities unless necessary for
the provision of the service, program or activity.
FCP-2 L54\b
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
• Section 508 of the Rehabilitation Act of 1973, as amended, (29 USC §794(d)) prohibits
discrimination on the basis of disability in electronic and information technology as they relate to
programs and activities conducted by HHS.
• The Age Discrimination Act of 1975, as amended (42 USC§6101) prohibits discrimination on the
basis of age in programs or activities receiving Federal financial assistance 45 CFR 90;
and/or programs or services receiving HHS financial assistance 45 CFR 91;
• Title II of the Americans with Disabilities Act(28 CFR Part 35), relating to Nondiscrimination on
the Basis of Disability in State and Local Government Services 2010 ADA Standards for Accessible
Design;
• The Drug Abuse Office and Treatment Act of 1972(P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
• The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §290 dd-3 and 290
ee-3), as amended, as relating to confidentiality of alcohol and drug abuse patient records;
• Section 1908 of the Public Health Service Act(42 USC§ 300w-7) prohibits discrimination on the
basis of age, race, color, national origin, disability, sex(gender), or religion in programs, services, and
activities funded by Preventative Health and Health Services Block Grants.
• Federal Health Care Conscience Protection Statutes (42 USC § 300a-7; 42 USC §300a-7; 42
USC § 238n and the Weldon Amendment(Continuing Appropriations Resolution, Pub. L. No. 113-
164, Sec. 101(a) (Sept. 19, 2015); Regulation for the Enforcement of Federal Health Care Provider
Conscience Protection Laws, which prohibit recipients of certain Federal funds from discriminating
against certain health care providers who refuse to participate in certain health care services on
religious or moral grounds.
• Section 1557 of the Affordable Care Act prohibits discrimination on the basis of disability by entities
that operate a health program or activity.
• 45 CFR 80.The contractor must have on file an assurance that the program will be conducted in
compliance with all nondiscriminatory provisions as required in 45 CFR 80.
Clean Air Act and Federal Water Pollution Control Act: (2 CFR § 200 Appendix II) Contracts and
subgrants of amounts in excess of $150,000 shall contain a provision that requires the Contractor or
recipient to comply with all applicable standards, orders, or requirements issued pursuant to Section 306
of the Clean Air Act as amended (42 U.S.C. 7401-7671q.), Executive Order 11738, as amended,where
applicable, the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and
Environmental Protection Agency regulations 2 CFR Part 1500. The Contractor shall report any violations
of the above to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
Debarment and Suspension: (2 CFR§200 Appendix II) Contract awards that exceed the small purchase
threshold and certain other contract awards shall not be made to parties listed on the government wide
Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and
12689(3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension."The Excluded Parties List System
in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The
successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
Contractor shall comply with these provisions before doing business or entering into subcontracts receiving
federal funds pursuant to this contract. The Contractor shall complete and sign the Certifications and
Assurances Attachment prior to the execution of this contract.
Domestic Preference for Procurements: (2 CFR § 200.322) (a) As appropriate and to the extent
consistent with law,the non-Federal entity should,to the greatest extent practicable under a Federal award,
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the
United States(including but not limited to iron, aluminum, steel,cement, and other manufactured products).
The requirements of this section must be included in all subawards including all contracts and purchase
orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United
States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the United States. (2) "Manufactured products" means
items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
Drug Free Workplace:This certification is required by the regulations implementing Sections 5151-5160 of the Drug-
Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 USC 701 et seq.), 7 CFR Part 3017, Subpart F,
Section 3017-600, Purpose.The January 31, 1989, regulations were amended and published as Part II of the May 25,
1990 Federal Register(pages 21681-21691).
Equal Employment Opportunity: (Appendix II, 2 CFR Part 200) The Contractor shall not discriminate
against any employee or applicant for employment because of race,age,creed,color, sex or national origin.
The Agency will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such
action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. Contractors must insert a similar provision in all
subcontracts, except subcontracts for standard commercial supplies or raw materials.
No Government Obligation to Third Parties: The Federal Government is not a party to this contract and
is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract."
Procurement of Recovered Materials: (2 CFR§200.323) Contractor and subcontractor agree to comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, and the regulatory provisions of 40 CFR Part 247. (1) In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA
designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for
compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or(iii)
At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site_http://www.epa.gov/. The list of EPA-designate items is available at
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
Program Fraud and False or Fraudulent Statements of Related Acts: The contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (2 CFR
§ 200.216) The Federal awarding agency prohibits the County to enter into a contract to procure or obtain
equipment, services or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
or using such equipment. (i)(iii)Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In
implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads
of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and
technical support to assist affected businesses, institutions and organizations as is reasonably necessary
for those affected entities to transition from covered communications equipment and services, to procure
replacement equipment and services, and to ensure that communications service to users and customers
is sustained. (c) See Public Law 115-232, section 889 for additional information.
Rights to Inventions: If the Federal award meets the definition of"funding agreement" under 37 CFR §
401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
Termination for Cause and Convenience: (2 CFR§ 200 Appendix II) See County's Standard Terms and
Conditions.
Trafficking in Persons: The Contractor and subcontractors shall comply with Title 2 CFR Part 175 and 2
CFR§175.15 provisions applicable to a private entity, as defined in 2 CFR 175.25.
Transparency Act: Unless exempt under 2 CFR§ 170.11 0(b), the Contractor shall comply with the
reporting requirements of the Transparency Act as expressed in 2 CFR Part 170.
Unauthorized Aliens: (Reference Immigration and Nationality Act(8 U.S.C. § 1324a) and the Immigration
Reform and Control Act of 1986 (8 U.C. § 1101) (a) Making Employment of Unauthorized Aliens Unlawful
(1) In General It is unlawful for a person or other entity— (A) to hire, or to recruit or refer for a fee, for
employment in the United States an alien knowing the alien is an unauthorized alien (as defined in
subsection (h)(3))with respect to such employment. (2) Continuing Employment It is unlawful for a person
or other entity, after hiring an alien for employment in accordance with paragraph(1),to continue to employ
the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to
such employment.
FCP-5
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
STATE GENERAL PROVISIONS
Discriminatory Vendors List, Section 287.134, F.S.: In accordance with Section 287.134, Florida
Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids 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.
Equal Employment Opportunity:The Contractor shall not discriminate against any employee or applicant
for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited
to,the following: Employment upgrading,demotion,or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Contractors must insert a similar provision in all subcontracts, except subcontracts for
standard commercial supplies or raw materials.
Interest of Members of Congress: No member of or delegate to the Congress of the United States shall
be admitted to any share or part of this contract or to any benefit arising therefrom.
Interest of Public Officials: No member, officer, or employee of the public body or of a local public body
during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the
proceeds thereof. For purposes of this provision, public body shall include municipalities and other political
subdivisions of States; and public corporations, boards, and commissions established under the laws of
any State. No member, officer, or employee of the MPO or of a local public body during his tenure or for
two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.
Inspector General Cooperation:The Parties agree to comply with Section 20.055(5), Florida Statutes,for
the inspector general to have access to any records,data and other information deemed necessary to carry
out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5),
Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature,
the judicial branch or a state agency.
Public Entity Crime: Pursuant to Section 287.133, F.S., 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 7.017, F.S.,
for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the
Convicted Vendor List.
FCP-6
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
GRANT CERTIFICATIONS AND ASSURANCES
RETURN DOCUMENTS BY SOLICIATION DEADLINE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary
Covered Transactions
2. Certification regarding Lobbying
3. Conflict of Interest
4. Anticipated DBE, M/WBE or VETERAN Participation Statement
5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services
6. Acknowledgement of Grant Terms and Conditions
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
COLLIER COUNTY
Certification Regarding Debarment,Suspension,and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction;violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local)with commission of any of the offenses enumerated in paragraph (I)(b)of
this certification;and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions(Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Design Services for Hardening and Expansion of the Collier Senior
Ward J. Friszolowski Center Building
Name Project Name
President JB7NC6DFYLN7
i itie SAM.gov Unique Entity ID(UEI)Number
Harvard Jolly, Inc. 59-1430579
Firm Tax ID Number
067220384
DUNS Number
1639 Hendry Street, Fort Myers, FL 33901
S tree Address, City, State, Zip
ff
t/ 444,
Signature
FCP-8
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
COLLIER COUNTY
Certification Regarding Lobbying
The undersigned certifies,to the best of his or her knowledge,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than$100,000 for each such failure.
The Contractor, Harvard Jolly. Inc. ,certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. §3801 et seq., apply to this certification and disclosure, if any.
In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply
to thif
ertification and disclosure, if any.
1 ; Signature of Contractor's Authorized Official
Ward J. Friszolowski Name of Authorized Official and Title
February 24, 2023 Date
FCP-9
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
COLLIER COUNTY
Conflict of Interest Certification
RPS 22-8033
Collier County Solicitation No.
I, Ward J. Friszolowski , hereby certify that to the best of my knowledge,
neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as
an officer, director, trustee, general partner or employee, or any person or organization with whom I
am negotiating or have an arrangement concerning prospective employment has a financial interest in
this matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of
any member of my household. Also, to the best of my knowledge, no member of my household; no
relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child
has or seeks employment; and no organization with which I am seeking a business relationship nor
which I now serve actively or have served within the last year are parties or represent a party to the
matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest
as described above that would be affected by the matter, and to disclose any interest I, or anyone noted
above, has in any person or organization that does become involved in,or is affected at a later date by,the
conduct of this matter.
Ward J. Friszolowski Vi"
1
Name Signaturt
President February 24, 2023
Position Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part
2634, Subpart I require the reporting of this information. The primary use of the information on this form is
for review by officials of The Justice Department to determine compliance with applicable federal conflict of
interest laws and regulations.Additional disclosures of the information on this report may be made: (1)to a
federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or
potential violation of law or regulations;(2)to a court or party in a court or federal administrative proceeding
if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when
necessary to obtain information relevant to a conflict of interest investigation or decision;(4)to the National
Archives and Records Administration or the General Services Administration in records management
inspections; (5) to the Office of Management and Budget during legislative coordination on private relief
legislation, and(6) in response to a request for discovery or for the appearance of a witness in a judicial or
administrative proceeding, if the information is relevant to the subject matter. This confidential certification
will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2
executive branch-wide Privacy Act system of records.
FCP-10
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
• COLLIER COUNTY
ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
*,tatus will be verified limier rable statuses'will require the PRME to either prorrde a revisers statement or provide source documentation that.atidater a
status
A. PRIME VENDOR/CONTRACTOR INFORMATION
p RIME whit PRIME EEL)NUMBER CONTRACT DOLLAR AMOUNT
Harvard Jolly, Inc. 59-1430579
'.S THE PRIME A FLORIDA CERTIFIED DISADC'ANTAGED VETERAN y S THE ACT1YiTY OF THIS CONTRACT �-""'y
M!NOerrT OR WOMEN BUSINESS ENTERRRiSE' OBE? .r CONSTRUCTION? r ta.✓'
(DU ihIBE,WBE)OR HAVE A SMALL DISADVANTAGED ,.
BUSINESS SA CEeTIFICATnON FROM THE SMALL BUSINESS N16E? CONSULTATION?
ADMINISTRATION? A SERVICE DISABLED VETERAN, WBET Y OTHER? �..:✓
SDBBAs 'r 0
IS THIS SUBMISSION A REVISION? Y ( -F YES,REJlSON NUMBER.
B. IF PRIME HAS SUBCONTRACTOR OR SUPPIJER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
DBE NI/Wee SUBCONTRACTOR DR SUPPUER TYPE OF WORK OR ETHN)CFTY CODE SUB/SUPPLIER PERCENT OF CONTRACT
VETERAN NAME SPECIALTY Isee Beiowl DOLLAR AMOUNT DOLLARS
OTAtS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMIT-TER DATE TITLE OF SUBMfTTER
Ward J. Friszolowski February 24:2023 President
EMAIL ADDRESS Of PRIME[SUBMITTER) TELEPHONE NUMBER FAX NUMBER
w.friszolowski@harvardjolly.com 727-896-4611 727-894-0502
•
NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts.The anticipated DBE or
MBE amount is voluntary and wit not become part of the contractual terms.This form must be submitted at time Of response to a
soiicitation.If and when awarded a County contract,the prime Anil be asked to update the information for the grantcnrnpliance files.
ETHNICITY 000E
Black American RA
Hispanic Arencan HA
Natant Amernon NA
Subcont.Alan amerrC'an 5AA '..
Asim-Pacifk A maican APA
Non-Mioo,rEE'Women NMtV _
Other nice of any Mbar group listed 0
D.SECTION TO BE COMPLETED BY COWER COUNTY
DEPARTMENT NAME COLI:ER CONTRACT a LFB/RtF«POitsrr.0 GRANT PROGRAM/CONTRACT
ACCEPTED re: DATE
HARVARD•JOLLY
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Afd t:
•
• plD OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES
•
AND PROFESSIONAL CONSULTANT SERVICES
•
�Y is tr,ffi psiicy x}f coil4r County,thatdisadrsnsc;ed businesses and namorsty s¢ndsrs,as de ired in the Code-of federal ftegursi+mns(CFR)or •
Florida Statutes(FP,must hive the ona„rrunitir to bertuioate a..cantraats withfederai arr/or Staff grant assistonee.
• P ant or/Prim Consultant Harvard Jolly, Inc.
•
Address end Phone Number. 1639 Hendry Street
•
Procurement Numberi Advertisement Number: Fort Myers, FL 33901
•
The list below is intended to bee listing of firms that are.;or attempting to,participate on the project numbered above.The itst must
include the firm bidding sr quoting as prime,as wall as subs and supoi iers quoting For participation.Prime contractors and consultants must
'.. provide information for Numbers 1.,2,3,and t.and,should pros ode am?information they have for Numbers 3,6,7,and 5.This form must
be submitted with the bid package..
1.Federal Tax ID Number 59-1430579 6. DBE 3.Annual Gross Receipts
2. Firm Name Harvard Jolly, Inc. X� Non-DBE Less than$1 million
3.Phone Number 239-275-7774 Between$1.3 ms it
is Address 1639 Hendry Street Between55-10re-Ilion
Fort Myers, FL 33901 7.e Subcontractor Between$10-15mrllion
Subconsuitant More than 5 15 m lion
5.tear Frrm Established.
1. Federal Tax ID Number 6.I 1 I DtE S.Annual Gross necespts •
•
2.Firm Name' lu— Non-DBE _Less than 51 mii ion •
•
3.Phone Number. Between$1-5 million
4.Address Between 3 5-10 million
?.aSubcontractor Between$10-15mittion
Subconsuitast More than 515 million
5.Year Firm Established
1. Federal Tax ID Number 6•— DBE 9. Annual Gross Receipts
2. Firm Name: - Non-DBE Less than 5 1 minion '..
3.Phone Number Between$1-5 million
S.Address Between y 5-10 million
?.BSubcontractor Between$10-15 m 8 ion
Subccraultamt More than„15miliion
5. Year Firm Established.
•
•
1.Federal Tax ID Number:' 6. DnE S.Annual Grass Receipts
2. Firm Name Nan-DBE Lets than 51 mi llion. •
3.Phone Number Between$1.5 Ilion
.1 Address Between 55-10 rniliion
- S ibcsntracor Between$10-15 million.
- 5ubcorssultant Mare than 5 15 million
5. tear Firm Established'
•
•
•
FCP-13
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•
•
•
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
COLLIER COUNTY
Acknowledgement of Terms, Conditions and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees
to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and
required by law. The recipient shall document in the quarterly report the subcontractor's progress in
performing its work under this agreement. For each subcontract, the Recipient shall provide a written
statement to the Department as to whether the subcontractor is a minority vendor as defined in Section
288.703, Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant
requirements identified in this solicitation document(s).
Vendor/Contractor Name Harvard Jolly, Inc. Date February 24, 2023
Authorized Signature //a4ri
Address 1639 Hendry Street Fort Myers, FL 33901
Solicitation/Contract# RPS 22-8033
FCP-I4