Backup Documents 12/12/2023 Item #16B10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 6 B 10
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
)34?/;3
4. BCC Office Board of County /
•
Commissioners �C �S/ l2/f2(Z3
5. Minutes and Records Clerk of Court's Office ( t
9/5 a3 914474'
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 Storm Gewirtz—TMSD—Capital Project Phone Number 239.252.2322
Staff Contact/ Planning,Impact Fees,and Program
Department Management
Agenda Date Item Agenda Item Number 16.B.10
was Approved by the
BCC
Type of Document Change Order—GHD Services,Inc.,Lake Trafford Number of Original 1
Attached Stormwater Improvements and Water Treatment, Documents Attached
Project#60143.2.2,60143.7.1
PO number or 4500208642 Storm.Gewirtz@colliercountyfl.gov
account number if CC:
document is to be Nadine.Dunham@colliercountyfl.gov
recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature SG
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 SG
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
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG
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 12/12/2023 and all changes made during SG 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 SG N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an opal for
Chairman's signature. this 1`r .
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16B 10
CO 7CT County
Procurement Services
Change Order Form
Z Contract Modification ❑Work Order Modification
60143.2.2
Contract#: 20-7713R Change#: 1 Purchase Order#: 4500208642 Project#: 60143.7.1
Contractor/Firm Name: GHD Services, Inc. Contract/Project: Lake Trafford Stormwater Improvements and
Water Treatment
Storm Gewirtz CPP Stormwater Management
Project Manager Name: Division Name:
Original Contract/Work Order Amount $ 753,646.88 12/08/2020 16.A.38 Original BCC Approval Date: Agenda Item #
Current BCC Approved Amount $ 753,646.88 N/A Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount $ 753,646.88 06/08/2023 SAP Contract Expiration Date (Master)
Dollar Amount of this Change $ 0.00 0.00% Total Change from Original Amount
Revised Contract/Work Order Total $ 753,646.88 0.00% Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 0.00% Change from Current Amount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed 01/04/2021 Original Ph1: 10/15/2022 Last Approved Ph1:05/04/2023 Revised Date PH1.TBD
Date Completion Date Ph2:05/04/2023 Date Ph2:06/08/2023 'Includes this change) PH2:TBD
#of Days Added 970 Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑ Change task(s) El Other
Provide a response to the following: 1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or
the additional days added(if requested); 2.)why this change was not included in the original contract; and,3.) describe the impact
if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
*This contract was issued a stop work letter for Phase 1,effective April 14, 2023,with 20 days remaining for completion.
This contract was issued a stop work letter for Phase 2, effective May 17, 2023,with 22 days remaining for completion.
1)This change order will add a total of 970 days to the contract,485 days for Phase 1 and 485 days for Phase 2. The added time is to
accommodate the procurement and project construction phases. It will include review and commenting during the remaining bid phase, as
well as general administration, site visits,and shop drawing reviews during the construction phase.
2)Phase 1 was not included in the original contract for construction because the project only received one bid in 2022 and was in excess of
the County budget for the project. The project was put on hold for reevaluation and budgeting. The project was reactivated on January 6,
2023,for review of the project requirements and reevaluation with value engineering potential cost savings. Phase 1 was subsequently
re-advertised for bidding. The change being requested for Phase 2 was not included in the original contract because of unforeseen
coordination issues between the project and Immokalee Water and Sewer District, as well as additional time being needed to obtain required
permitting.
3) If this modification is not processed, the engineer of record will not be able to assist in the bidding and construction phases.
GewirtzStorm ` �: .. C �`�
Prepared by: ro Date: 8/1/2023
Storm Gewirtz, P.E., Project Manager III Stormwater Management
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same
terms and conditions as contained in the contract/work order indicated above, as fully as if the same were stated in this acceptance.The
adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/
Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
Diyi;a:iy s,gne4 by Brar Marne
Brian Moore Date 2023.09.12 21.35 54
Accepted by: -°'30' Date:
Brian Moore, PE GHD Principal
Accepted by: RomanDaniel "' ammo Dt,csaeqo. Date: _OW 2 'I Ys[G
Dan Roman, P.E., gypso j%syProject Mgmt,CPP—Stormwater Management
Johnssen b.lonnssen b
Accepted A .
_ Date.2029.08.29 Date:
p y' 15:40:50 04'00'
Beth Johnssen, Division Director, CPP—Transportation Mgmt. Services
SCottTrinityD ' 23.09°Ys
Approved by: vaa 2].3.U9,6,04<:2 Date:
Trinity Scott, Department Head,Transportation Mgmt Services
YilmazHeather
Approved by: oate:20 3t005O540 S oea Date:
(Procurement Professional)
Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY
Admin RPi BCC ES
CAC
16B 10
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal Kiwi.L. c-I: of Courts COLLIER COUNTY, FLORIDA
& Corn, A,
I3y: ":,i stn. . .,,, By: r—L„...?:,4e„.....--'
//� Rick LoCastro, Chairman
Dated: f a"
(SE Ai ttisi
to Chairman's
,, signature only
Ap oved as to form a le ality:
By: 4IL
Scott R. Teach
Deputy County Attorney
16B 10
Change Order/Amendment Summary
COST TIME
CO# AMD# Description Days New Justification
Additive(+) Deductive(-) Added Amount
Phase 1: Due to receiving only 1
bid and being over budget,this
To add four project was placed on hold for
hundred and eighty reevaluation.The project was
five(485)days to 485 1134 reactivated and now requires
Phase 1 to the additional time for the procurement
work order and project construction phases.
1 0 0
To add four Phase 2: Coordination with
hundred and eighty Immokalee Water and Sewer
five(485)days to 485 1335 District as well as additional
Phase 2 to the required permitting resulted in
work order schedule delays. Additional time is
needed complete coordation and
permitting.
Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY
Admin Rp2 t CC E�
CAP,
16B 10
P.11
GHD
April 19, 2023 (revised 7.11.23)
Mr. Daniel Roman, PE, PMP
Collier County Transportation Management
Stormwater Management Unit
2685 South Horseshoe Drive, Suite 103
Naples, Florida 34104
Re: Engineering Services for Lake Trafford Stormwater Improvements and Water Treatment
Contract#20-7731 R
Purchase Order No. 4500208642
Collier County Project No. 60143.2.2 &60143.7.1
Dear Mr. Roman:
Per our recent conversations regarding the subject project, the GHD team is submitting this change order
request for additional time for Phase 1 -Carson Road /Arrowhead Phase 1 Tract 3 Stormwater treatment
and Phase 2 Lake Trafford Road Water Quality treatment pond.
If you recall last spring, Phase 1 (Carson Road /Arrowhead)was in the bidding phase. Only one bid was
received and was in excess the County budget for the project. The project was put on hold for
reevaluation and budgeting. The project was reactivated on January 6, 2023,for review of the project
requirements and reevaluation with value engineering potential cost savings. Phase 1 was subsequently
readvertised for bidding. The pre-bid meeting was held on April 4, 2023.
The most notable reason for the time extension is to provide additional days for the provide for lost days
needed for the post design services. Post design services will include review and commenting during the
remaining bid phase as well as General Administration, Site Visits and Shop Drawing reviews during the
construction phase. GHD intends to deliver the construction plans on April 21, 2023, However,the
project schedule does not include time for the procurement or construction phases.
We are recommending an additional 485 days be added to the project schedule for Phase 1 and 2 for the
project schedule to accommodate the procurement and project construction phases.
Please do not hesitate to contact our office if you have questions or comments regarding our request.
Thank you for this opportunity. It is a pleasure to serve Collier County.
Sincerely,
GHD Services Inc.
Ben W. Doan, PE, CGC
Senior Project Director
5904 Hampton Oaks Parkway,Suite F—Tampa,Florida—33610(813)971-3882 www.ghd.com CA
1 6B 10
PROFESSIONAL SERVICES AGREEMENT
Contract# 20-7713
for
" Engineering Design Services for Lake Trafford Stormwater Improvements and Water Treatment Facility "
THIS AGREEMENT is made and entered into this ,. day of Qa.Qrt 20 20 b, y
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
GHD Services Inc. authorized
to do business in the State of Florida, whose business address is
2055 Niagara Falls Blvd, Suite 3, Niagara Falls, NY 14304 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Engineering Design Services for Lake Trafford Stormwater Improvements and Water Treatment Facility
(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; and
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,
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PSA_CCNA Single Project Agreement 2017.010 Vera
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Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
1.5. CONSULTANT designates Brian Moore, PE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
C\()
16B 10
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
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
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
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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.
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:
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
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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.
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:
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
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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;
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
Page 6 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
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16B10
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.
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):---44ir-rn--fixer-total price--offeri-ng---for--a---project;t-lae- isks._are
transferred-from-the COUNTY-to-the-GONSUI.TA T-end;-as a--business---praetiee-there-are--no
hourly-or-material-invoices presented;-rather;--the-CONSULTANT-must perform-tethe-satisfaekon
of the GOUNTY's Project_Managerbefore 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. ( J Grant Funded: The-hourly rates as set forth and identified-in Schedule
B which is attached hereto, are for purposes`of-providing estimate(0, as-required by the grantor
li Jli111411w
agency.
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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 orAutoCAD 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.
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.
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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.
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.
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9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed to
this Project in accordance with the percentages noted in Schedule F. All personnel, identified in
Schedule F shall not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or
subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume
toward the 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.
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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 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
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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 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.
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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
Captial Project Planning, Impact Fees, and Program
Division Name: Management Division
Division Director: Amy Patterson
Address: 2685 Horseshoe Drive S, Suite 103
Naples, FL 34104
Administrative Agent/PM: Robert Wiley, Principal Project Manager
Telephone: (239) 252-2322
E-Mail(s): Robert.Wiley@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: GHD Services Inc.
Address: 2675 Winkler Avenue
Fort Myers, Florida 33901
Attention Name & Title: Brian Moore, PE, Vice President
Telephone: (239) 936-4003
E-Mail(s): Brian.Moorecghd.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.
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17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: N/A
Solicitation # 20-7713R , including all Attachment(s), Exhibit(s) &Addendum
Consultant's Proposal
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.
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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."
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
Page 15 of 32
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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. 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.
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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 Courts &
Comptroller
y
,
t
Date: 8i nature hilly. Burt L. Saunders
�� , Chairman
vbd s to Fo and Legality:
I County Attorney
cc it J'CrL1 L
Name
Consultant:
- —--)
Consultant's Witnesses:
GHD Services Inc.
By: /7-1-7-
fitness d
'''Jeremy Hess,PE
Sr. Environmental Engineer Brian Moore,PE I Vice Presidnet
Name and Title Name and Title
Witness SIAA
Michell Eguia I Sr.Proposal Manager
Name and Title
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SCHEDULE A
SCOPE OF SERVICES
■U following this page (pages 1 through 7 )
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SCHEDULE A
SCOPE OF SERVICES
"20-7713R Engineering Services for Lake Trafford Stormwater Improvements and Water Treatment Facility"
The Consultant shall have the capability to simultaneously design and permit two nearby stormwater projects briefly described
as follows.
• Design the roadside drainage system improvements for the west end of Lake Trafford Road in Immokalee,including
a stormwater quality treatment pond on the downstream end of the improvements;and,provide the design for a future
sidewalk/pathway option along the north side of Lake Trafford Road, beginning immediately west of Little League
Road to Tippins Terrace;and,
• Provide the design for stormwater treatment ponds on a County-owned parcel in the Arrowhead Development,located
on the west side of Carson Road and south of Lake Trafford Road.
The Consultant will demonstrate abilities to perform storm sewer/culvert design, sidewalk/pathway design, local roadway
reconstruction design,and stormwater quality treatment pond design with an emphasis on
• nutrient load reduction,
• peak storm attenuation/distribution,
• storm water culvert and pond inlet structure design,
• pond outfall structure/spreader design for sheetflow onto natural ground,
• surface water pumping station design,
• littoral and other water quality treatment planting design,
• litter and other floating pollutants removal design(utilizing effective but non-labor intensive methods),
• vegetation and sediment maintenance design,and
• water quality monitoring station design.
The Consultant will demonstrate abilities to successfully complete
• environmental permitting through Federal,State and local agencies,
• local zoning and development order requirements,
• bidding assistance and
• construction-related support services.
This Scope of Services requires the Consultant to develop and design stormwater improvements for two(2)separate but nearby
projects.
1. The west end of Lake Trafford Road:
a. Design the enclosure of the existing ditch with a 36"diameter or larger stormwater pipe on the north side of
Lake Trafford Road,between Little League Road and Tippins Terrace;
b. Design a culvert crossing under Lake Trafford Road to direct flow from the north side of Lake Trafford Road
to the south side of Lake Trafford Road with discharge into a new water quality treatment pond;
c. Design a water quality treatment pond on the downstream end of the new stormwater culvert crossing under
Lake Trafford Road;
d. Design improvements needed to an existing pond west of Tippins Terrace to allow it to function as a water
quality treatment facility;and,
e. Design a pathway over the top of the enclosed ditch on the north side of Lake Trafford Road,in compliance
with County code requirements.
2. Arrowhead Phase 1 Tract 3 Stormwater Treatment Facility:
a. Develop and design a stormwater treatment facility anticipated to consist of one or more ponds on the County-
owned Tract 3 in the Arrowhead Development, located on the west side of Carson Road near the junction
with Immokalee Drive. This stormwater treatment facility will be designed to intercept and treat existing and
future stormwater flows within the Carson Road and Immokalee Drive area, including future stormwater
flows along Lake Trafford Road between Carson Road and SR-29. The discharge from this facility will
sheetflow into preserved wetlands to the south.
b. Design a surface water pumping system to withdraw water from the Immokalee slough to the south and
discharge it into the Tract 3 Stormwater Treatment Facility to keep the wetland vegetation viable and health
whenever there is insufficient inflow of stormwater from the north.
c. Design an efficient, non-labor intensive maintenance management system for the Tract 3 Stormwater
Treatment Facility to handle the anticipated heavy loading of trash and other debris.
Page 1 of 7 CA )
1 6 B 1 0
The Consultant will clearly demonstrate the Consultant's ability to provide design and project management assistance that may
consist of,but is not limited to,the following:
• Preliminary Design
• Design
o Land surveying
o Surface and subsurface locations and investigations of surface and underground utilities
o Geotechnical surveys
o Design and construction plans and report preparation
• Regulatory agency permitting, including environmental permitting,requiring mitigation
• Post-design services
o related to bidding
o related to construction
Task I—Project Management
The proposal will identify the Consultant's project management involvement with the County to include at least the
following:
1.01 Project Review Meetings: The Consultant will demonstrate the Consultant's ability to schedule and attend
progress meetings with County and Community representatives,as requested by the County's Project Manager.
• These review meetings will extend throughout the project design phase to keep the County and Community
informed of the Project progress,to make certain that the Consultant is productively conducting its services and
to obtain input and direction as required for outstanding project issues. Meeting objectives will be to provide
progress updates and reach decisions on pertinent issues relative to the specific topics being addressed.
• It is anticipated that the Consultant will prepare for and attend project review meetings, and distribute agendas
and minutes for each meeting
Task 2—Preliminary Design
The Consultant will identify the Consultant's conceptual thoughts on developing a design for the stormwater system,
including water quality treatment ponds with optional pumping system. Should the proposed design include the use of
innovative technologies,Consultant shall retain experts with expertise in using proposed technologies.
Task 3—Design
The Consultant will identify the Consultant's abilities and experience in the design of stormwater systems and innovative
pond design. The Consultant will describe activities and provide examples that include,but not be limited to,the following:
3.01 Survey: The Consultant will demonstrate the Consultant's ability to provide land surveying services for Project
design to include,but not be limited to,the following:
3.01.A Research the public records for plats,deeds,and right-of-way maps to compile a horizontal control search
map for the field crew to utilize. Locate with Global Position System(GPS)and traditional field surveying methods
existing permanent reference monuments, right-of-way control monuments, abutting property corners and section
corners along the proposed stormwater system improvement routes to establish horizontal control for the Project.
Horizontal survey datum will be NAD 1983.
3.01.B Set survey baselines in relation to the survey control found in Item 3.01.A above.
3.01.0 Establish vertical control by running a level loop along the Project baselines, setting a benchmark at
intervals not exceeding five hundred(500)feet distance. The benchmarks will be located so as to not be impacted by
construction of the Project's components. Vertical datum will be NAVD 1988.
3.01.D Utilize the Sunshine State One-Call System to have the existing utilities located and to determine utility
ownership(water,wastewater,gas, oil,electric,telephone,cable,etc.)prior to performing any field survey location
efforts.
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3.01.E Infrastructure Location—locate existing features to include,but not be limited to,the following:
• Property boundaries,rights-of-way and easements
• All utilities (visible and below ground including water, gas, electric, telephone, cable, force mains, etc.)
including manholes, valve covers, meter boxes, power poles, lines, pipe lines, including invert elevations
where applicable.
• All stormwater facilities including swales,culverts,pipe ends,storm drains,inlets,including invert elevations
where applicable.
• Edge of pavement and driveways
• Fences/bollards
• Trees and shrubs(within or overhanging the rights-of-way or easements)
• Landscaping(code considerations)and irrigation facilities
• Buildings
3.02 Geotechnical: The Consultant will demonstrate the Consultant's(or identified sub-consultant's)ability to provide
geotechnical investigations and analyses necessary for the design and preparation of construction plans for this Project. A
report shall be prepared with recommendations and pertinent soils data, including the water table and rock depths, and
shall be submitted to the County for its record. The geotechnical investigations and analyses will include, but not be
limited to,the following:
3.02.A Field Operations—To define subsurface soil and groundwater conditions in the areas proposed for the water
quality treatment ponds. The Consultant/sub-consultant will perform the following:
• Mobilize drilling crew and equipment to perform Standard Penetration Test (SPT) borings advanced to a
depth of at least twenty(20)feet. Borings will be spaced as mutually determined by Consultant and County.
• Locate borings as close as reasonably feasible to the proposed pond site locations. Coordinate with all
underground utility companies before drilling.
3.02.B Laboratory Analysis — Representative samples obtained during the field exploration program will be
examined to obtain more accurate descriptions of the existing strata. Laboratory testing will be performed on selected
samples as deemed necessary to aid in soil classification and to further define the engineering properties of the
encountered materials. The soil descriptions will be based on the visual classifications procedure in general accordance
with the AASHTO Soil Classification System(AASHTO M-145)and standard practice.
3.02.0 Geotechnical Report—The geotechnical report will present the results of findings as typed boring logs and
an overview of subsurface conditions as encountered in the test borings. The overview will include the pertinent soils
data results of the laboratory analyses,water table elevation,rock depths(elevation),and specific recommendations
needing to be brought to the attention of and considered by the Consultant's design engineer.
3.03 Design Report: The Consultant shall prepare a Design Report outlining the basis of design for the Project's
proposed improvements. This Design Report will include,but not be limited to,the following:
• Proposed stormwater quality treatment concepts to be utilized
• Proposed stormwater quantity attenuation concepts to be utilized
• Proposed standards and specifications to be used for the Project components,designs and construction
• Design calculations for stormwater facility components (e.g. inlet structures, discharge structures, discharge
spreaders, culverts, weirs, excavation volumes, slope stability, nutrient loading (Harvey Harper), pump station
design,electrical service requirements,foundation designs,structural designs,etc.)
• Vegetation design
• Maintenance program recommendations
• Hydrologic/hydraulic modeling results,link-nodal diagrams,input/output files,etc.(if utilized)
o Technical specifications will utilize current Florida Department of Transportation (FDOT) Standard
Specifications for Road and Bridge Construction and current FDOT Standard Indexes,when applicable. In
addition to technical specifications, the engineer will coordinate with the County to develop the necessary
General Conditions, Supplemental Conditions, and Special Provisions Specifications specifically for the
Project.
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3.04 Plans Preparation: The Consultant will demonstrate the Consultant's ability to prepare plan sets for permitting
and construction purposes to include,but not limited to the following:
3.04.A Base Map—Consultant shall prepare a base map using survey information obtained in Task 3.01. The intent
is for the County to provide the imagery available from the Collier County Property Appraiser(2016 or later). The
base map will show existing topographic features in a format suitable for preparation of plan and profile sheets.
3.04.B Utility Coordination — Consultant shall coordinate with utility service providers to identify potential
conflicts with all proposed improvements.
3.04.0 30% Design Plans — Consultant shall prepare 30% design plans for the Project that depict existing
topographical features, existing right-of-way and easement lines, and plan views of proposed stormwater treatment
facilities and conveyance facilities,but are not limited to,the following:
• Cover Sheet
• Proposed typical section(s)
• Existing/proposed corridor plan of proposed stormwater and pathway improvements and alignments,
including major connection points and major conflicts
• Engineer's order of magnitude Opinion of Probable Cost(OPC)shall be prepared for the cost of constructing
the Project.
3.04.D 60% Design Plans — Consultant shall prepare 60% design plans for the Project that depict existing
topographical features, existing right-of-way and easement lines, existing utilities and stormwater components,
proposed right-of-way and easement lines,plan and profile of proposed stormwater and pathway facilities details and
contain,but are not limited to,the following:
• Cover Sheet,Index and Key Map
• Plan and profile view of proposed stormwater treatment and conveyance and pathway facilities
• Proposed details for stormwater treatment and conveyance and pathway components
• Project design component specifications
• Engineer's OPC based upon the 60%plans shall be prepared for the cost of constructing the Project.
3.04.E 90%Detailed Design Plans—Consultant shall prepare 90%design plans for the Project that depict existing
topographical features, existing right-of-way and easement lines, existing utilities and stormwater components,
proposed right-of-way and easement lines,plan and profile of proposed stormwater and pathway facilities,but are not
limited to,the following:
• Cover Sheet,Index and Key Map
• Plan and profile sheets of proposed stormwater treatment and conveyance and pathway facilities
• Proposed details for stormwater treatment and conveyance and pathway components
• Project design component specifications
• Engineer's OPC based upon the 90%plans shall be prepared for the cost of constructing the Project.
3.04.F 100% Construction Documents—Consultant shall prepare 100%construction documents for the Project
that address revisions to incorporate permit conditions from permit agencies and contain, but are not limited to, the
following:
• Assistance with Technical Specifications and Bid Documents—The Consultant will assist the County with
preparation of technical specifications and bid documents. The Consultant will review the documents
prepared by the County and provide assistance with supplemental conditions,if appropriate.
• Delivered Plans—The Consultant will deliver the requested number of signed and sealed construction plans
to the County for the County's record, along with requested sets of plans as needed for bid document
distribution. Additionally,the construction plans shall be delivered to the County in electronic formats(DWG
and PDF).
Task 4—Permitting
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The Consultant will identify the Consultant's abilities and experience in the permitting of stormwater systems. The
Consultant will be responsible for preparing and submitting all required applications and other supportive information
necessary to assist the County in obtaining all reviews, approvals and permits, with respect to the Consultant's design,
drawings and specifications required by any governmental body having authority over the Project. The Consultant will
describe activities and provide examples that include,but not be limited to,the following:
• South Florida Water Management District(SFWMD)environmental resource permit(ERP)
o Prepare a preliminary stormwater design concept drawing and present it to the South Florida Water
Management District (SFWMD) in a pre-application meeting to determine if a SFWMD environmental
resource permit(ERP)or modification will be required. If the SFWMD determines that the ERP is required,
the Consultant will be responsible for preparation of the permit application, including all drawings,
specifications and supporting backup information. Respond to all requests for additional information(RAI)
from the SFWMD. All permit fees will be paid by the County.
• U.S.Army Corps of Engineers environmental permit
o Prepare a preliminary design concept drawing and present it to the U.S Army Corps of Engineers
(USACOE)in a pre-application meeting to determine if a USACOE environmental permit or modification
will be required. If the USACOE determines that the environmental permit is required,the Consultant
will be responsible for preparation of the permit application, including all drawings, specifications and
supporting backup information. Respond to all requests for additional information (RAI) from the
USACOE or other federal agencies. All permit fees will be paid by the County.
• Collier County right-of-way permit
o Prepare applications for Right-of-Way permits when required from Collier County Growth Management
Department and respond to requests for additional information. Prepare all other required permit applications.
Permitting fees will be paid by the County.
• Collier County commercial excavation permit
o Prepare the applications for commercial excavation permits for construction of the pond(s), if necessary, as
determined by Growth Management Department divisional staff and respond to requests for additional
information. Permitting fees will be paid by the County.
• Prepare all other required permit applications. Permitting fees will be paid by the County.
Task 5—Post Design Services
The Consultant will identify the Consultant's abilities and experience in assisting client with post design services that include,
but are not necessarily limited to, bid preparation and evaluation, contractor recommendation, and construction observation.
The Consultant will describe activities and provide examples that include,but not be limited to.the following:
5.01 Bid Preparation:
The Consultant will demonstrate the Consultant's abilities and experience to assist in the construction bidding process to
include,but not necessarily be limited to the following:
• Attend and participate in scheduling and presenting a pre-bid conference(meeting).
• Assist in preparing addenda,as required,to interpret,clarify,or expand the bidding documents.
• Attend the bid opening, review and evaluate the bids received and provide written recommendations for
consideration in the bid award.
• Consult with and advise the County as to the acceptability of the contractor and subcontractors,suppliers and other
persons and organizations proposed by the prime contractor for those portions of the work as to which such
acceptability is required by the bidding documents.
5.02 Construction Observation and Support
!Note:This phase is not referring to Construction,Engineering,and Inspection(CEI)Services. CEI responsibilities
will be handled separately by the County and may or may not involve the use of a separate firma
The Consultant will identify the consultant's abilities and experience, as engineer of record, in assisting client with
Page 5 of 7
16B 10
construction observation and support services. The Consultant will describe activities and provide examples that may
include,but not be limited to,the following
5.02.A General Administration of Construction Contract—The Consultant will consult with and advise the County
regarding activities and issues that may arise during construction of the Project and may be authorized by the County
to act as the County's representative as may be provided in the Standard General Conditions of the construction
contract documents.
5.02.B Site Visits and Observation of Construction—in connection with observations of the work of the contractor
while the Project construction is in progress, the Consultant will make visits to the site at intervals appropriate to the
various stages of construction, as mutually agreed by the County and Consultant, in order to observe as a design
professional the general progress and quality of the various aspects of the contractor's work. Such visits and
observations are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve
detailed inspections of the work. Based upon information obtained during such site visits and observations, the
Consultant will endeavor to determine in general if such work in proceeding in accordance with the design concept
and the design information shown in the construction contract documents. The Consultant will keep the County
informed of the progress of such work.
5.02.0 Clarifications and Interpretations for Work Change Directives/Change Orders—The Consultant will consult
with the County on the need to issue necessary clarifications and interpretations of the construction contract documents
as appropriate for the orderly completion of the work. Such clarifications and interpretations will be consistent with
the intent of, and reasonably inferable from, the construction contract documents. The Consultant will advise the
County on the need or recommendation to issue work change directives and/or change orders authorizing minor
variations from the requirements of the construction contract documents.
5.02.D Shop Drawings—The Consultant will review and approve (or take other appropriate action in respect of)
shop drawings and samples and other data which the contractor is required to submit,but only for conformance with
the design information provided in the construction plans, technical specifications and/or construction contract
documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in
the construction contract documents. Such reviews and approvals,or other action,will not extend to means,methods,
techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. This
review will not include review of the accuracy or completeness of details such as quantities, fabrication processes,
construction means or methods,coordination of the work with other trades or construction safety precautions, all of
which are the sole responsibility of the contractor. Review of a specific item will not indicate the Consultant has
reviewed the entire assembly of which the item is a component. The Consultant will not be responsible for any
deviations from the construction contract documents not brought to the attention of the Consultant in writing by the
contractor. The Consultant will not be required to review partial submissions or those for which submissions of
correlated items have not been received.
• The Consultant shall provide the County with written approval(or other appropriate action as needed)of shop
drawings, samples, and other data submitted for review by the contractor. The County makes the ultimate
determination of acceptance or other appropriate action.
• The Consultant shall provide the County written recommendations on the evaluation and acceptability of
substitute or"or-equal"materials and equipment proposed by the contractor. The County makes the ultimate
determination of acceptance or other appropriate action.
5.02. E Inspections and Tests—The Consultant may require and observe special inspections or tests of the work
and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations,
ordinances,codes, orders,or the construction contract documents. The Consultant's review of such certificates will
be for the purpose of determining that the results certified indicate compliance with the construction contract
documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests
or approvals comply with the requirements of the construction contract documents. The Consultant will be entitled to
rely on the results of such tests.
5.02.F Applications for Payment — Based upon the Consultant's on-site observations as an experienced and
qualified design professional,and upon review the applications for payment and the accompanying data and schedules,
the Consultant shall make a written recommendation to the County on the amounts that the contractor should be paid.
5.02.G Contractor's Completion Documents—The Consultant will receive,review and transmit to the County with
written comments the maintenance and operating instructions, schedules, guarantees, bonds, certificates or other
evidence of insurance required by the construction contract documents,certificates of inspection,tests and approvals,
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and marked up record documents(including shop drawings,samples and marked-up record drawings)which are to be
assembled by the contractor in accordance with the construction contract documents to obtain final payment. The
Consultant's review of such documents will only be to determine generally to the best of the Consultant's knowledge,
information and belief that their content complies with the requirements of (and in the case of certificates of
inspections, tests and approvals that the results certified indicate compliance with) the construction contract
documents.
5.02.H Substantial Completion—Following notice from the contractor that the contractor considers the entire work
ready for its intended use,the Consultant and County,accompanied by the contractor,shall conduct an inspection to
determine if the work is substantially complete. If,after discussing all identified issues of possible objection with the
County, the Consultant considers the work substantially complete to the best of the Consultant's knowledge,
information,and belief per the conditions above,the Consultant shall deliver a certificate of substantial completion to
the County.
5.02.I Final Notice of Acceptability of the Work—The Consultant shall conduct a final inspection with the County
to determine if the completed work of the contractor is acceptable so that the Consultant may recommend to the
County, in writing, final payment to the contractor. Accompanying the recommendation for final payment, the
Consultant shall also provide a notice that the work is acceptable(subject to the provisions of the preceding paragraphs)
to the best of the Consultant's knowledge,information and belief and based on and limited to the extent of the services
performed and furnished by the Consultant under the Consultant's agreement with the County.
5.02.J Record Drawings — The Consultant, as engineer of record, will prepare record drawings based upon
measurements and information he has obtained through proper surveying and measurement methods during the course
of construction,and not relying solely on information provided by the contractor.
5.02.K Project Certification — The Consultant will prepare the appropriate documentation to certify project
completion to the various permitting agencies.
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1 6 B 1 0
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
Phase 1 $ $
1 Project Management $ $39,895.44
2 Preliminary Design $ $27,089.00
3 Design $ $144,812.00
4 Permitting $ $21,000.00
5 Post Design Services $ $48,768.00
Phase II $ $
1 Project Management . $ $65,520.44
2 Preliminary Design $ $14,587.00
3 Design $ $257,443.00
4 Permitting $ $74,926.00
5 Post Design Services $ $59,606.00
$ $
$ $
$ $
$ $
$ $
$ $
Total Lump Sum Fee $ $
Total Time and Materials Fee $ $753,646.88
GRAND TOTAL FEE $ $753,646.88
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B.2.2. ❑■*Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts
to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean
the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel,
with respect to this Project, including all indirect payroll related costs and fringe benefits, all in
accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY's prior written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.3. ❑* LumpS-urn--Fees Tbe_-fees-note ectic 2 1,-skull-constitute-the dump m unt
to_be--paid---to-CON SU-LTA T-_for-tl e--performance of--the--Basic ces: There=. all be r
overtime-pay-without the-GOUNT—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.
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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 "'aches" 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:
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.
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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.
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SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal _ $238
Senior Project Manager $201
Project Manager _ $165
Senior Engineer $175
Engineer $136
Senior Inspector $117
Inspector $96
Senior Planner $164
Planner $130
Senior Designer $128
Designer $109
Senior Environmental Specialist $156
Environmental Specialist $120
Senior Scientist/Geologist _ $156
Scientist/Geologist $115
Senior GIS Specialist $149
GIS Specialist $114
Senior Technician $102
Technician $83
Clerical/Administrative $73
Surveyor and Mapper $142
CADD Technician $95
Survey Crew - 2 man $152
Survey Crew - 3 man $185
Survey Crew - 4 man $218
Senior Architect $177
Architect $148
Senior Marine Biologist/Hydrogeologist $169
Marine Biologist/Hydrogeologist $133
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment
upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects.
the above hourly rates are for purposes of providing estimate(s), as required by the grantor
agency.
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar
Task/Item Days For Completion
Description of Task from Date of
Notice to Proceed
Per Phase
Phase I
1 Project Managment 649 days
2 Preliminary Design 54 days
3 Design 117 days
4 Permitting 117 days
5 Post Design Services 642 days
Phase II
1 Project Management 649 days
2 Preliminary Design 117 days
3 Design 481 days
4 Permitting 481 days
5 Post Design Services 850 days
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16B 10
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.
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8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
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.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? IIIII Yes I No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of$ 1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? Yes [ill No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? I I Yes ■ No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? (■) Yes ( I No
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,
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16B 10
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,
$2,000,00 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you. Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? 7 Yes • No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? Yes • No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? IU Yes No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The
ownership.
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18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? I I Yes ■ No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
$ Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? Yes EMI No
Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? • Yes ^ No
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 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
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16B 10
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
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, GHD Services Inc. (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning " Engineering Design Services for Lake Trafford Stormwater Improvements and Water Treatment Facility "project
is accurate, complete and current as of the time of contracting.
BY:
TITLE:
DATE:
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SCHEDULE F
PHASE I
KEY PERSONNEL
Name Personnel Category Percentage
of Time
Brian Moore (GHD) Principal 3%
Carlton D. Spirio, Jr. (GHD) Senior Project Manager 60%
Richard Walker (GHD) Senior Engineer 20%
Sean Snow (GHD) Designer 15%
Gabrielle Enos (GHD) Senior Scientist/Geologist 5%
Ben Doan (GHD) Senior Engineer 5%
Karen Miller (GHD) Community Specialist 5%
Dan Waters (Peninsula) Senior Engineer 75%
Bruce Layman (Peninsula) Professional Wetland Scientist 30%
Rahsaan Simon (Peninsula) Designer (EIT) 40%
Alejandro Avila (Peninsula) Designer 60%
George Valdes (Peninsula) Technician 40%
Lance Miller (Stantec) Professional Land Surveyor 30%
Matt Nolton (Forge) Senior Engineer — 30%
Kris Cella (Cella-Molnar) Community Specialist _ 15%
Brian McBride (CONSOR) Principal 5%
Trudi Williams (CONSOR) Principal 3%
Edgard() Martinez (CONSOR) Senior Project Manager 45%
Joe Baca (CONSOR) Senior Engineer 50%
Adam Davie (CONSOR) Engineer 60%
Cassidy Boteiho (CONSOR) Designer 45%
Ryan Bell (CONSOR) Designer 25%
Jeff Bennett (CONSOR) Designer 20%
Rick Clark (CONSOR) Designer 15%
Jim Wood (GHD) Engineer — 50%
Melissa Burns (GHD) Engineer 5%
Andy Alberdi (GHD) Senior Engineer 3%
John Phillips (GHD) Senior Engineer 3%
Meeghan Casey (GHD) Professional Geotech 3%
Jesse Davis (GHD) Senior Engineer 5%
SCHEDULE F-PHASE II TO FOLLOW THIS PAGE
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SCHEDULE F
PHASE II
KEY PERSONNEL
Name Personnel Category Percentage
of Time
Brian Moore(GHD) Principal 3%
Carlton D.Spirio,Jr.(GHD) Senior Project Manager 75%
Richard Walker(GHD) Senior Engineer 60%
Sean Snow(GHD) Designer 35%
Gabrielle Enos(GHD) Senior Scientist/Geologist 5%
Ben Doan(GHD) Senior Engineer 5%
Karen Miller(GHD) Community Specialist 15%
Dan Waters(Peninsula) Senior Engineer 25%
Bruce Layman(Peninsula) Professional Wetland Scientist 75%
Rahsaan Simon(Peninsula) Designer(EIT) 10% __—
Alejandro Avila(Peninsula) Designer 10%
George Valdes(Peninsula) Technician 10%
Lance Miller(Stantec) Professional Land Surveyor 30%
Matt Nolton(Forge) Senior Engineer 30%
Kris Cella(Cella-Molnar) Community Specialist 15%
Melissa Burns(GHD) Engineer 15%
Andy Alberdi(GHD) Senior Engineer — 5% _—
John Phillips(GHD) Senior Engineer —__— 5%
Meeghan Casey(GHD) Professional Geotech 5%
Jesse Davis(GHD) Senior Engineer - 5%
Jim Wood(GHD) — Engineer 50%
J
16B 10
SCHEDULE G
Other:
(Description)
I I following this page (pages through )
• this schedule is not applicable
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