BCC Agenda 07/23/2024 Item #11B (Modification increasing PO #4500223189 w/Stantec Consulting Services, Inc.)07/23/2024
EXECUTIVE SUMMARY
Recommendation to approve a modification to increase Purchase Order No. 4500223189 in the amount of
$645,032 with Stantec Consulting Services, Inc., under Professional Service Agreement Number 22-7998 for
Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for Palm River
Area 4. (Project 70257) (Companion to Item 11A)
OBJECTIVE: To obtain professional Construction, Engineering, and Inspection (“CEI”) services during
construction for Palm River Public Utility Renewal Project in Area 4. A companion executive summary is
requesting Board approval for the construction agreement for the project.
CONSIDERATIONS: On January 10 (Agenda Item 11B), the County awarded Agreement Number 22-7998 to
Stantec Consulting Services, Inc. in the total amount of $7,148,209.57, authorize staff to issue an initial purchase
order in the amount of $2,521,148.57 for the CEI for the Palm River Public Utilities Renewal Project and
authorized staff to issue an initial purchase order for CEI Services for Areas 1 and 2. The agreement is effective
until February 4, 2031.
The proposed scope of work under Project Number 70257, “Palm River Public Utilities Renewal,” is consistent
with the FY2024 Budget approved by the Board on September 21, 2023.
On November 14, 2023 (Agenda Item 16.C.8), the Board approved Grant Agreement LPA0495 with the
Department of Environmental Protection (“FDEP”) and recognized $3,000,000 of revenue in the Public Utilities
Grant Fund. The grant provides funding to complete the septic to sewer conversion in Area 4 of the Palm River
neighborhood.
On June 24, 2024, Stantec Consulting Services, Inc. provided a fee estimate in the amount of $645,032 to provide
CEI services for construction for the Palm River Public Utility Renewal Project in Area 4. Staff found Stantec’s
time and materials fee estimate acceptable based on prior history for similar contracts. This fee estimate is based on
providing CEI services for a 64-week construction duration and in conformance with the Scope of Services, defined
in Exhibit A of Agreement No. 22-7998.
County staff is requesting that the Board approve the purchase order modification to increase Purchase Order No
4500223189 in the amount of $645,032 for the CEI services for the Palm River Area 4. The CEI services associated
with the sewer portion of the project will be funded by the Grant Agreement LPA0495.
Task Description Fee Unit
1 Construction Observation and
Documentation
$562,184 Time and
Materials
2 Construction Inspector and Project Oversight $ 82,848 Time and
Materials
TOTAL $645,032
FISCAL IMPACT: The project number is 70257 and the sources of funding are the Water Capital Fund (4012)
and Public Utilities Grant Fund (4016), allocated as shown below.
FUNDING SOURCE BID AMOUNT
Water Capital Fund (4012) $322,516
Public Utilities Grant Fund (4016) $322,516
Total $645,032
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
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approval. -SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure
the adequacy and availability of viable public facilities.
RECOMMENDATION: Recommendation to approve a modification to increase Purchase Order No. 4500223189
in the amount of $645,032 with Stantec Consulting Services, Inc., under Professional Service Agreement Number
22-7998 for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for Palm
River Area 4.
Prepared By: Diana C. Dueri, PMP - Project Manager III, Public Utilities Engineering and Project Management
Division
ATTACHMENT(S)
1. Agreement Project LPA0495 (PDF)
2. [Linked] 22-7998Contract_Stantec_20230125172542.657_X (PDF)
3. let_dueri_PalmRiver_Area4_2024-06-24_Signed-ML_RC-Rev.A (PDF)
4. 22-7998_Insurance_Higgins (PDF)
5. PO 4500223189 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 29288
Item Summary: Recommendation to approve a modification to increase Purchase Order No. 4500223189 in the
amount of $645,032 with Stantec Consulting Services, Inc., under Professional Service Agreement Number 22 -
7998 for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for Palm River
Area 4. (Project 70257) (Companion to Item 11A) (Matt McLean, Division Director - Public Utilities Engineering)
Meeting Date: 07/23/2024
Prepared by:
Title: Project Manager – Engineering and Project Management
Name: Diana Dueri
06/20/2024 3:37 PM
Submitted by:
Title: Director – Engineering and Project Management
Name: Matthew McLean
06/20/2024 3:37 PM
Approved By:
Review:
Wastewater Steve Nagy PUD Reviewer Completed 06/21/2024 6:35 AM
Water Pamela Libby PUD Reviewer Completed 06/21/2024 6:48 AM
Wastewater Robert Von Holle PUD Reviewer Completed 06/21/2024 7:27 AM
Water Howard Brogdon PUD Reviewer Completed 06/21/2024 7:37 AM
Engineering and Project Management Benjamin Bullert PUD Reviewer Completed 06/21/2024 1:47 PM
Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 06/24/2024 4:06 PM
Public Utilities Department Vincent Dominach Level 1 Department Review Completed 06/25/2024 10:28 AM
Public Utilities Operations Support Katrina Lin PUD Reviewer Completed 06/25/2024 2:14 PM
Engineering and Project Management Matthew McLean PUD Reviewer Completed 06/25/2024 4:25 PM
Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 06/25/2024 4:31 PM
Procurement Services Sandra Srnka Procurement Director Review Completed 06/26/2024 4:18 PM
Grants Joanna Partyniewicz Level 2 Grants Review Completed 07/01/2024 2:56 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additionall Reviewer Completed
07/12/2024 9:28 AM
County Attorney's Office Matthew McLean Level 2 Attorney Review Skipped 07/11/2024 1:02 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 07/15/2024 10:59 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/15/2024 11:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/15/2024 1:01 PM
Community & Human Services Maggie Lopez OMB Reviewer Completed 07/15/2024 1:54 PM
Grants Therese Stanley OMB Reviewer Completed 07/16/2024 10:05 AM
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County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/17/2024 11:34 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/23/2024 9:01 AM
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Digitally signed by Marc Lean
Reason: I have reviewed this
document
Date: 2024.06.24
18:17:40-04'00'
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Packet Pg. 141 Attachment: let_dueri_PalmRiver_Area4_2024-06-24_Signed-ML_RC-Rev.A (29288 : Palm River PUR Area 4 - CEI)
Sr. Project Manager Project Manager Sr. InspectorFull-Time Administrative Project Billing Rate (T&M) $201.00 $165.00 $130.00 $90.00 Project Summary Hours Labour Expense Subs Total
Total Units (T&M) 352.00 872.00 3,200.00 160.00 Time & Material 4,584.00 $645,032.00 $0.00 $0.00 $645,032.00
Total Fee (T&M) $70,752.00 $143,880.00 $416,000.00 $14,400.00 Total 4,584.00 $645,032.00 $0.00 $0.00 $645,032.00
Task Code Task Name Task Type Hours Labour Expense Subs Total
211 Construction Observation and Documentation 224.00 552.00 3,200.00 112.00 Time & Material 4,088.00 $562,184.00 $0.00 $0.00 $562,184.00
211.1 Potable Water (1/2 of Service Fee)112.00 276.00 1,600.00 56.00 Time & Material 2,044.00 $281,092.00 $0.00 $0.00 $281,092.00
211.2 Wastewater (1/2 of Service Fee)112.00 276.00 1,600.00 56.00 Time & Material 2,044.00 $281,092.00 $0.00 $0.00 $281,092.00
212 Construction Inspector and Project Oversight 128.00 320.00 0.00 48.00 Time & Material 496.00 $82,848.00 $0.00 $0.00 $82,848.00
212.1 Potable Water (1/2 of Service Fee)64.00 160.00 24.00 Time & Material 248.00 $41,424.00 $0.00 $0.00 $41,424.00
212.2 Wastewater (1/2 of Service Fee)64.00 160.00 24.00 Time & Material 248.00 $41,424.00 $0.00 $0.00 $41,424.00
Notes:
`
Units
1) Hours shown in the fee estimate for Tasks 211 and 212 are based on COUNTY direction to provide CEI field services for up to 50 hours per week for 450 calendar days (approximately 64 weeks), which corresponds with the County's estimated project duration for completing all
construction activities. If an Inspector is needed beyond 50 hours per week, then COUNSULTANT shall request an amendment to this Purchase Order.
2) Many facets outside of the CONSULTANT's control affect the Level of Effort (LOE) for CEI services that may be required. CONSULTANT has recently observed a few specific facets that have negatively affected project durations, resulting in projects taking longer than anticipated. Such
facets include, but are not limited to: Contractor’s work quality ; Contractor's man-power availability; Contractor's experience; Contractor's project manager's or superintendent's competency; Material production and procurement; Missing/replacement part lead-times; and Sub-
contractor availability. CONSULTANT is committed to providing exceptional CEI services; however; such services require adequate opportunity to observe the Work as it's being completed. Additional field staff may be required to observe the work if the Contractor deploys additional
man-power to accelerate their progress in order to maintain or catch-up to the Project's schedule.
FEE ESTIMATE - Contract #22-7998: Palm River Public Utilities CEI - Area #4 (450 Days or 64 weeks)
PreparedJune 24, 2024
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11.B.dPacket Pg. 143Attachment: 22-7998_Insurance_Higgins (29288 : Palm River PUR Area 4 - CEI)
11.B.dPacket Pg. 144Attachment: 22-7998_Insurance_Higgins (29288 : Palm River PUR Area 4 - CEI)
11.B.dPacket Pg. 145Attachment: 22-7998_Insurance_Higgins (29288 : Palm River PUR Area 4 - CEI)
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11.B.dPacket Pg. 148Attachment: 22-7998_Insurance_Higgins (29288 : Palm River PUR Area 4 - CEI)
Purchase Order number must appear on all related
correspondence, shipping papers and invoices:
Printed 07/12/2024 @ 09:26:08 Page 1 of 44012000000-273512-631400-70257.4
Collier County Board of County Commissioners
Procurement Services Division
Phone: 239-252-8407
Fax: 239-732-0844
Tax Exempt: 85-8015966531C-1
Collier County Board of County Commissioners
Attn: Accounts Payable
3299 Tamiami Trl E Ste 700
Naples FL 34112-5749
OR email to: bccapclerk@collierclerk.com
Send all Invoices to:
VENDOR Terms and Conditions
The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site:
http://www.colliercountyfl.gov/home/showdocument?id=74077, including delivery and payment terms. Further the VENDOR agrees to:
1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above.
2. Notify department Immediately if order fulfillment cannot occur as specified.
3. Send all invoices to:Collier County Board of County Commissioners
Attn: Accounts Payable
3299 Tamiami Trl E Ste 700
Naples FL 34112-5749
OR email to: bccapclerk@collierclerk.com
The Purchase Order is authorized under direction of Collier County Board of County Commissioners by:
Sandra Herrera, Director, Procurement Services Division
Vendor # 121367
STANTEC CONSULTING SERVICES INC
13980 COLLECTIONS CENTER DR
CHICAGO IL 60693-0139
Purchase order
PO Number 4500223189 Date 01/31/2023
Contact Person W Projects
Please deliver to:
PLANNING & PROJECT MANAGEMENT DEPT
Attn: Diana Dueri
3339 TAMIAMI TRL E STE 303
NAPLES FL 34112-5361
Delivery Date:
Terms of Payment Net 28 days (20 business days)
Item Material Description Order Qty Unit Price Per Unit Net Value
00010 CON Task 1A Construction Observation-W 230,764.15 EA 1.00 230,764.15
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
81,109.3each Day 02/04/2031
*** Item partially delivered ***
00020 CON Task 2A Construction Inspector -W 59,344.04 EA 1.00 59,344.04
*** Item completely delivered ***
00030 CON Task 3A Public Relations -W 385,315.97 EA 1.00 385,315.97
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
278,092.66each Day 02/04/2031
*** Item partially delivered ***
00040 CON Task 4A Additional Services -W 6,840.63 EA 1.00 6,840.63
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Packet Pg. 149 Attachment: PO 4500223189 (29288 : Palm River PUR Area 4 - CEI)
Vendor #121367
STANTEC CONSULTING SERVICES INC
13980 COLLECTIONS CENTER DR
CHICAGO IL 60693-0139
PO Number 4500223189
Date 01/31/2023
Printed Fri Jul 12 2024 09:26:08 GMT-0400 Page 2 of 44012000000-273512-631400-70257.4
Item Material Description Order Qty Unit Price Per Unit Net Value
*** Item completely delivered ***
00050 CON Task 5A Miscellaneous Reimbur. -W 24,329.9 EA 1.00 24,329.90
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
24,254.48each Day 02/04/2031
*** Item partially delivered ***
00060 CON Task 1B Construction Observation-WW 432,016.34 EA 1.00 432,016.34
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
164,706.04each Day 02/04/2031
*** Item partially delivered ***
00070 CON Task 2B Construction Inspector-WW 46,829.8 EA 1.00 46,829.80
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
24,431.89each Day 02/04/2031
*** Item partially delivered ***
00080 CON Task 3B Public Relations -WW 680,573.76 EA 1.00 680,573.76
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
607,160.33each Day 02/04/2031
*** Item partially delivered ***
00090 CON Task 4B Additional Services -WW 12,082.43 EA 1.00 12,082.43
*** Item completely delivered ***
00100 CON Task 5B Miscellaneous Reimbur. -WW 42,973.28 EA 1.00 42,973.28
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
42,835.71each Day 02/04/2031
*** Item partially delivered ***
00110 CON Task 1C Construction Observation-GMD 816.84 EA 1.00 816.84
*** Item completely delivered ***
00120 CON Task 2C Construction Inspector -GMD 203.64 EA 1.00 203.64
*** Item completely delivered ***
00130 CON Task 3C Public Relations -GMD 372.06 EA 1.00 372.06
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Packet Pg. 150 Attachment: PO 4500223189 (29288 : Palm River PUR Area 4 - CEI)
Vendor #121367
STANTEC CONSULTING SERVICES INC
13980 COLLECTIONS CENTER DR
CHICAGO IL 60693-0139
PO Number 4500223189
Date 01/31/2023
Printed Fri Jul 12 2024 09:26:08 GMT-0400 Page 3 of 44012000000-273512-631400-70257.4
*** Item completely delivered ***
00150 CON Task 5C Miscellaneous Reimbur. -GMD 1.65 EA 1.00 1.65
*** Item completely delivered ***
00160 CON Task 1D Construction Observation-STO 204,124.34 EA 1.00 204,124.34
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
107,684.66each Day 02/04/2031
*** Item partially delivered ***
00170 CON Task 2D Construction Inspector-STO 28,513.56 EA 1.00 28,513.56
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
19,366.89each Day 02/04/2031
*** Item partially delivered ***
00180 CON Task 3D Public Relations-STO 322,472.14 EA 1.00 322,472.14
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
288,012.77each Day 02/04/2031
*** Item partially delivered ***
00190 CON Task 4D Additional Services -STO 5,724.95 EA 1.00 5,724.95
*** Item completely delivered ***
00200 CON Task 5D Miscellaneous Reimbur. -STO 20,361.77 EA 1.00 20,361.77
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
20,296.81each Day 02/04/2031
*** Item partially delivered ***
00210 CON Task 1C Construction Observation-GMD 2,116.33 EA 1.00 2,116.33
*** Item completely delivered ***
00220 CON Task 2C Construction Inspector -GMD 4,420.96 EA 1.00 4,420.96
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
4,226.92each Day 09/30/2024
*** Item partially delivered ***
00230 CON Task 3C Public Relations -GMD 10,104.18 EA 1.00 10,104.18
11.B.e
Packet Pg. 151 Attachment: PO 4500223189 (29288 : Palm River PUR Area 4 - CEI)
Vendor #121367
STANTEC CONSULTING SERVICES INC
13980 COLLECTIONS CENTER DR
CHICAGO IL 60693-0139
PO Number 4500223189
Date 01/31/2023
Printed Fri Jul 12 2024 09:26:08 GMT-0400 Page 4 of 44012000000-273512-631400-70257.4
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
8,978.01each Day 09/30/2024
*** Item partially delivered ***
00240 CON Task 4C Additional Services -GMD 185.99 EA 1.00 185.99
*** Item completely delivered ***
00250 CON Task 5C Miscellaneous Reimbur. -GMD 659.85 EA 1.00 659.85
Total quantity spread over the following delivery dates:
Quantity Delivery Date Unit
658.68each Day 09/30/2024
*** Item partially delivered ***
2,521,148.56Total net value excl. tax USD
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Packet Pg. 152 Attachment: PO 4500223189 (29288 : Palm River PUR Area 4 - CEI)
PROFESSIONAL SERVICES AGREEMENT
Contract# 22-7998
for
Construction Engineering and Inspection (CEI) Services for Palm River Public Utilities Renewal Project "
THIS AGREEMENT is made and entered into this lo4 day of TO•huc&.( , 20 23 by and
between the Board of County Commissioners for Collier County, Florida, a politicaltsubdivision of the
State of Florida (hereinafter referred to as the "COUNTY") and
STANTEC CONSULTING SERVICES INC. authorized to
do business in the State of Florida, whose business address is
370 Interlocken Blvd, Suite 200, Broomfield, CO 80021 hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning"Construction Engineering and Inspection (CEI) Services for Palm River
Public Utilities Renewal Project"hereinafter referred to as the "Project"), said services in
accordance with the provisions of Section 287.055, Florida Statutes being more fully described in
Schedule A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to
which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of
Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the
COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation",
which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
Page 1 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
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 Marc Lean, PE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the services to
be provided and performed under this Agreement. Further, the Project Coordinator has full authority
to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The
CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to
satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder.
The Project Coordinator shall not be removed by CONSULTANT from the Project without the
COUNTY's prior written approval, and if so removed must be immediately replaced with a person
acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide
and perform services or work pursuant to the requirements of this Agreement, said request may be
made with or without cause. Any personnel so removed must be immediately replaced with a person
acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional
services that will be performed pursuant to this Agreement and has extensive experience with projects
similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided
by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval
and shall be in accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to
ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Services to be provided
and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735
and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically
those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c colliercountvfi.gov
The Contractor must specifically comply with the Florida Public Records Law to:
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1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public records
to the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify
the County in writing. Failure by the Contractor to comply with the laws referenced herein shall
constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate
this Agreement immediately.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY
of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution
of each such conflict. The COUNTYS approval of the design documents in no way relieves
CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful
construction of the Project.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for
the following: Tasks not completed within the expressed time frame, including required deliverables,
incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements
and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to
the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make
sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to
correct the deficiency within the specified timeframe, these funds would be forfeited by the
CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or
items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance
whether or not the COUNTY obtained substitute performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall
require all of its employees, agents, subconsultants and subcontractors to comply with the provisions
of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such
subpoenas.
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1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the
Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either
reference specific established Survey Monumentation, such as Certified Section Corners (Half or
Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time
Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming
conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), and adhere to
industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed
in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services
shall be set forth in the Change Order or Amendment authorizing those Additional Services. With
respect to the individuals with authority to authorize Additional Services under this Agreement, such
authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at
the time such services are authorized. These services will be paid for by the COUNTY as indicated
in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via a Change Order or an Amendment to this Agreement prior
to starting such services. The COUNTY will not be responsible for the costs of Additional Services
commenced without such express prior written approval. Failure to obtain such prior written approval
for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of
the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change
in the Agreement is required because of the action taken by CONSULTANT in response to an
emergency, an Amendment shall be issued to document the consequences of the changes or
variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency
within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence.
Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right
it otherwise may have had to seek an adjustment to its compensation or time of performance under
this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
2.1.1 Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or advances
in connection with the Project.
2.1.2 Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably
anticipated prior to the preparation of such studies, reports or documents, or are due to any other
causes beyond CONSULTANT's control and fault.
2.1.3 Providing renderings or models for the COUNTY's use.
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2.1.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.1.5 Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT
and directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the
Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter referred
to as the "Project Manager"). The Project Manager shall have authority to transmit instructions,
receive information, interpret and define the COUNTY's policies and decisions with respect to
CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue
any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be
interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT hereunder;
b. The time the CONSULTANT is obligated to commence and complete all such services; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in accordance
with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's
requirements for the Project, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's
disposal all available information in the COUNTY's possession pertinent to the Project,
including existing drawings, specifications, shop drawings, product literature, previous
reports and any other data relative to the Project;
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d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site
to perform the services to be provided by CONSULTANT under this Agreement; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY
with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution
of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion
of the Project and shall be performed and completed in accordance with the Project Milestone
Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect
to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs,
then CONSULTANT shall notify the COUNTY in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension for that specific
delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or
give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's
sole remedy against the COUNTY will be the right to seek an extension of time to its schedule
provided, however, the granting of any such time extension shall not be a condition precedent to the
aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for
early completion, as well as claims based on late completion. Provided, however, if through no fault
or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of
180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those
services that have not yet been performed, to reflect the incremental increase in costs experienced
by CONSULTANT, if any, as a result of such delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes
performance of its obligations hereunder in such a manner so as to reasonably establish to the
COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be
deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee,
reserves the right to utilize any of the following Price Methodologies:
from thc COUNTY to the CONSULTANT; and, as a busincsc practice thcrc arc no hourly or material
invoices presented, rather, the CONSULTANT must perform to the satisfaction of thc COUNTY's
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.
hereto, are for purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and
other technical data, other than working papers, prepared or developed by or for CONSULTANT under
this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of
such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely
responsible for all costs associated with delivering to the COUNTY the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY
to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive,
irrevocable license in all of the Project Documents for the COUNTY's use on this Project.
CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the
COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to
complete the Project following CONSULTANT's termination for any reason or to perform additions to
or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the
COUNTY may be making Project Documents available for review and information to various third
parties and hereby consents to such use by the COUNTY.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for
a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
Project is completed, whichever is later, or such later date as may be required by law. The COUNTY,
or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right
to audit, inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
8.2. To the extent that the Agreement that the work pertains to a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein
shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners,
OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall
contain a severability of interests' provisions.
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9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the
COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by the COUNTY applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf
of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by the
COUNTY, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or
higher.
ARTICLE TEN
SERVICES BY 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
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CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement,
assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and
protect the rights of the COUNTY under this Agreement with respect to the Services to be performed
by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not
prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or
subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between the
COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at
the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims,
except for insurance company subrogation claims, by it against the COUNTY arising out of this
Agreement or otherwise related to the Project, and except those previously made in writing in
accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time
of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the
COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set
forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services
under the Agreement within the times specified under the Notice(s)to Proceed, or(b) CONSULTANT's
failure to properly and timely perform the services to be provided hereunder or as directed by the
COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's
failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's
failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just
cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable,
or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to
be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies
against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.3, below.
12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination
for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of
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the fee earned through the date of termination, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including,
but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT
must mitigate all such costs to the greatest extent reasonably possible.
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth and
described in this Agreement, including those described in Article 6, that are in CONSULTANT's
possession or under its control.
12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided
by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of
such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the
CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in
accordance with the procedures set forth in Article Four herein.
12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii)the COUNTY otherwise persistently fails to fulfill some material obligation owed by
the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after giving
THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or
subcontractor or their agents or employees or any other persons performing portions of the Services
under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving
written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY
does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice,
CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the
Agreement and recover from the COUNTY payment for Services performed through the termination
date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any
other damages from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated
herein as Schedule E, certifying that wage rates and other factual unit costs supporting the
compensation for CONSULTANT's services to be provided under this Agreement are accurate,
complete and current at the time of the Agreement. The CONSULTANT agrees that the original
Page 11 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which
the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such adjustments shall be made within one (1)
year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following the
COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Public Utilities Engineering and Project Management
Division Director:Matt McLean, PE
Address: 3339 Tamiami Trail East, Suite 303
Naples, FL 34112
Administrative Agent/PM: Diana Dueri, Project Manager III
Telephone: 239) 252-4218
E-Mail(s): Diana.Dueri(a CollierCountyFL.Gov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the
CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
CONSULTANT's address of record:
Company Name: STANTEC CONSULTING SERVICES INC.
Address: 3510 Kraft Road, Suite 220
Naples, FL 34105
Page 12 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
Attention Name & Title: Chris Brockmeier, Senior Principal
Telephone: 239) 649-4040
E-Mail(s): Chris.Brockmeier(c Stantec.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY
and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: N/A
Solicitation # 22-7998 including all Attachment(s), Exhibit(s) & Addendum
Consultant's Proposal
Page 13 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
GNP.
17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board
approved Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents
cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the
conflict shall be resolved by imposing the more strict or costly obligation under the Contract
Documents upon the CONSULTANT at the COUNTY's discretion.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to services funded
by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto
and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude
any sums by which the COUNTY determines the compensation was increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes
which read as follows:
A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
Page 14 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
decision-making authority and by the COUNTY's staff person who would make the presentation of
any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior
to the commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by
representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff
person who would make the presentation of any settlement reached at mediation to the COUNTY's
board for approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended, as well as the Florida state law requirements set forth
in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with
the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall
have the discretion to unilaterally terminate this Agreement immediately.
Signature page to follow this page]
Remainder of page intentionally left blank******
Page 15 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of the Circuit
Court and C,omptroller., r-
By: By:
Date:&tt a Rick LoCastro, Chairman
Attest as-to,C "rmem.
signature only •
A•• •,e as Ffot and Legality:
I e art County Attorney
Scott R. Teach
Name
Consultant:
j.ulpnt's W. ss s:
STANTEC CONSULTING SERVICES INC.
By:
Witnes 1jC V'Y1 3 '1 Chris E. Brockmeier, PE- Senior Principal
Name and Title I Name and Title
ic A
Witness
Yrki A SC A*-181rx:1K.1\pOKSQr
Name and Title
Page 16 of 30
PSA_CCNA Single Project Agreement(2022_ver.I)
0
elliP
SCHEDULE A
SCOPE OF SERVICES
1 8
following this page (pages through )
Page 17 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
Request for Professional Services (RFP) 22-7998
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM RIVER
PUBLIC UTILITIES RENEWAL PROJECT"
EXHIBIT A
SCOPE OF SERVICES
BACKGROUND
The established Agreement will be with a Contractor to deliver a qualified CONSULTANT team to provide
Construction Engineering and Inspection Services (CEI) and Public Information Services including, but not
limited to, the following tasks:
Task 1.0—Construction Observation and Documentation
Task 2.0—Construction Inspection and Project Oversight
Task 3.0—Public Relations and Public Information
Task 4.0—Additional Services
Task 5.0—Miscellaneous Reimbursable expenses
DETAILED SCOPE OF WORK
Task 1.0—Construction Observation and Documentation
The CONSULTANT's Construction Inspector(or activity observer)will provide the services outlined below.
1.1 Construction and Testing Observation —The Construction Inspector will conduct on-site observations
and inspections of all construction and testing activities on the Project on a full basis unless directed
otherwise by the COUNTY Project Manager to ensure that all work is completed in accordance with the
Contract Documents. The Construction Inspector will inform the COUNTY Project Manager and the
on-site superintendent of the construction and testing contractor of any concerns related to conformance
of the work with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern
or issue on-site. If the concern or issue is not immediately resolved in the field, the Construction
Inspector shall inform the Engineer of Record(EOR)and the COUNTY Project Manager in writing about
the concern or issue within eight (8) business hours, but not more than one (1) business day after the
discovery of any concern or issue. The EOR will be responsible for investigating the concern or issue
and resolving the same through a written directive to the Construction Contractor and so inform the
COUNTY Project Manager and the Construction Inspector in writing. This protocol will be initiated any
time the Construction Inspector becomes aware of any construction that is unsatisfactory, faulty, or
defective, does not conform to the Contract Documents, does not meet the requirements of any
inspections, tests or approval required to be made, or has been damaged before final payment. The
Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern
that is conveyed in writing to the EOR, including the written directive resolving the issue or concern.
Issue Resolution Log shall be e-mailed to the FOR to be added as a discussion item at the progress
project meetings.
Deliverables: Written notifications of non-conforming work; and Issue/Resolution Logs
1.2 Log and Construction Documentation — Each Construction Inspector will prepare a daily log recording
activities and details related to the work on a form approved in advance by the COUNTY. Information
Page 1 of 8
Exhibit A—Scope of Services
0,0
Request for Professional Services (RFP) 22-7998
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM
RIVER PUBLIC UTILITIES RENEWAL PROJECT"
will be recorded in the daily log on each day construction activities occur or does not occur. The daily
log entries will record all aspects of the construction during that day including, but not limited to:
construction crew (labor) details, equipment used, materials used, compliance testing and inspection
performed, site conditions, trench conditions, backfill material used, dewatering methods, compaction
methods, location of the work, all activities related to work directives issued to the contractor, and all
relevant details related to the Work. The Daily Log will reference the digital photographs and or video
taken with appropriate file names and file locations. All daily tasks completed by the Contractor will be
photographed by the Construction Inspector. In addition to the construction details, the daily log will
contain information related to: time and hours on the job site, weather conditions, data pertaining to
questions of quantities of materials used, extras or deductions, list of visiting officials and
representatives of manufacturers, fabricators, suppliers and distributors, observations in general and
specific observations in more detail as in observing test procedures, conformance inspection of
materials and fitting, name plate data for equipment and material installed, and other information
requested by the COUNTY. The daily log, photograph files and other construction documentation will
be provided to the COUNTY by the CEI daily in an electronic file. Daily Reports shall be distributed to
the project team no later than 24 hours after the end of each day.
Deliverables: Daily Work Reports
1.3 Photographic and Video Record — Each Construction Inspector will provide a comprehensive digital
photographic record of all construction activities related to the Project. The digital file names will be
referenced in the daily log along with a brief description of the photograph with the location, the date
and time of the photograph and the name of the photographer. The digital files will be transferred
electronically and submitted daily to the COUNTY along with the construction documentation. If
requested by the COUNTY Project Manager, the photographs will be printed in high resolution color,
two captioned photos per 81/2'x 11" sheet, printed one side only. If requested by the COUNTY Project
Manager, video or parts of the video will be provided in digital format and by e-mail.
Deliverables: CONSULTANT's Progress Photos in Digital Format.
1.4 General Coordination — The Construction Inspector will coordinate all activities related to the Project
between the Construction Contractor, the Engineer of Record (EOR), the COUNTY Project Manager,
COUNTY staff, and Public Information Officer. The Construction Inspector will also coordinate, as
directed by the COUNTY Project Manager, with residents, business owners, and the general public.
The COUNTY reserves the right to remove any Construction Inspectors from a project at any time for
failure to adhere to COUNTY policies and procedures.
Deliverables: None.
1.5 Observe Regulatory Agency Inspections — The Construction Inspector will accompany visiting
inspectors representing any regulatory agencies having jurisdiction over the Project and will record all
discussions and the outcome of these regulatory inspections in the daily logs.
Deliverables: Outcome of observations will be documented in the Daily Work Report (DWR).
1.6 Substantial Completion Inspections —The Construction Inspector, EOR, COUNTY Project Manager,
Contractor, and COUNTY staff will conduct substantial completion inspections together when requested
by the Construction Contractor and the EOR recommends that the work is sufficiently complete to
warrant a substantial completion inspection. During the substantial completion inspection, the
Construction Inspector will take pictures of all items requiring completion or correction and send them
to the FOR and the COUNTY Project Manager for the EORs use in preparing the punch list. The
Page 2 of 8
Exhibit A—Scope of Services
Request for Professional Services (RFP) 22-7998
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM
RIVER PUBLIC UTILITIES RENEWAL PROJECT"
Construction Inspector will be responsible for inspecting the work required in the punch list and updating
the list accordingly. Once the punch list is completed, the CEI will coordinate and participate in the final
walk-through to ensure that the punch-list items are completed to the satisfaction of the EOR and the
COUNTY Project Manager.
Deliverables: CONSULTANT's digital photos of deficient work collected during the inspection for EOR
and COUNTY Project Manager use in developing the punch list.
1.7 Final Completion Inspection - Upon the request of the Construction Contractor and concurrence of the
EOR and the COUNTY Project Manager,the Construction Inspector, EOR, COUNTY Project Manager,
Contractor, and COUNTY Staff, as determined by the COUNTY Project Manager, will conduct final
inspections of portions of the project, as they are finished to determine if construction has been
completed in accordance with the Contract Documents and the Construction Contractor has fulfilled all
obligations therein. Based on the results of the final inspection, the EOR, project manager, and the
Construction Inspector will judge the work complete or not complete. If the work is judged complete,the
Construction Inspector will issue a"notice of final acceptance and recommendation for final payment".
If the work is judged not complete, the Construction Inspector will issue written instructions to the
Construction Contractor identifying the work judged not complete. Upon provision of the Construction
Contractor evidence or assurance that the deficiencies noted above have been corrected or completed,
a second final inspection will be scheduled to verify that the outstanding issues have been resolved and
the Construction Inspector can issue a "notice of final acceptance and recommendation for final
payment". All services related to the Final Completion Inspection shall be provided to the COUNTY
Project Manager of the Project.
Deliverables: "Notice of final acceptance and recommendation for final payment;" or Written
instructions to the Construction Contractor identifying the work judged not complete accompanied by
photographs.
1.8 CONSULTANT shall review the Contractor's Health and Safety and Maintenance of Traffic Plans.
CONSULTANT will review these plans and review the work as it occurs to determine if work is being
completed in general conformance with those plans. When Contractor is not conforming with either of
these plans, the Construction Inspector shall immediately notify the Construction Superintendent of
any safety related issues that are identified. If the safety issue is not resolved in a timely manner, the
Construction Inspector shall immediately inform the County Project Manager and Engineer of Record
of any instances where the Contractor is not following the proper safety procedures
Deliverables: Correspondence by phone and email, as necessary.
1.9 CEI will work with the EOR to prepare the monthly reports for this project.
Deliverables: Digital progress photos and bullets points summarizing monthly construction progress
for use by EOR and Owner.
1.10 Construction Progress Meetings—The CEI will attend weekly progress meetings with the Construction
Contractor, design engineer, and the COUNTY to review project status and identify issues that may
affect the project.
Deliverables: Participate in progress meetings.
Page 3 of 8
Exhibit A—Scope of Services
Request for Professional Services (RFP) 22-7998
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM
RIVER PUBLIC UTILITIES RENEWAL PROJECT"
TASK 2.0—Construction Inspection and Project Oversight
2.1 General Management and Oversight—The CEI will provide support services customarily related to the
construction observation and inspection of similar projects including, but not limited to:
2.1.1 Attend and participate in the pre-construction coordination meeting.
2.1.2 Attend and participate in weekly/bi-weekly progress meetings with Construction Contractor, EOR
and the COUNTY to review project status and identify issues that may affect the project.
2.1.3 Participate in other meetings as described or implied herein or as requested by the COUNTY.
2.1.4 Review the Construction Contractor's monthly applications for payment, Construction
Contractor's redline as-builts, accompanying data, and recommend approval of payments due to
the Construction Contractor. The CEI's recommendation of any payment requested in an
application for payment shall constitute a representation by the CEI to the County Project
Manager as an experienced and qualified professional, that based on CEI's onsite observations
and inspections of construction in progress; that the construction quantities in the applications for
payment accurately reflects the progress of the work and that the work is constructed in
accordance with the Contract Documents. The CEI will review pay requests in accordance with
the Florida Prompt Payment Act.
2.1.5 The CEI will provide such field testing and verification that all materials, equipment and supplies
installed or utilized on the Project are in full accordance with the Contract Documents and
approved Shop Drawings provided by the EOR.
2.1.6 The CEI will review monthly updates to the construction schedule prepared by the Construction
Contractor. Provide review comments to the County Project Manager.
Deliverables: Recommendation for payment or comments on application for payment for correction;
Progress schedule comments.
2.2 Contract Interpretations and Clarifications — The CEI will coordinate with the EOR regarding the
issuance of interpretations and clarifications of Contract Documents including shop drawings during
construction. The EOR shall be responsible for technical review and decisions regarding interpretation
and clarification of Contract Documents. The CEI shall coordinate the EOR's decisions and responses
with the Construction Contractor.
Deliverables: None
2.3 Monitor Project Records—The CEI shall monitor all required Project records, including but not limited
to delivery schedules, inventories, and construction reports.
Deliverables: None
2.4 As Constructed Field Drawings — Each Construction Inspector shall maintain red pencil "mark-up"
notations and sketches on full size construction plans that reflect the actual details of constructed
facilities. These Constructed Field Drawings will be used by the CEI to validate the "As Built"
documentation provided by the Construction Contractor. The CEI will notify the EOR and the
Construction Contractor of any differences in the documents maintained by the general contractor and
the CEI on a weekly basis for resolution by the EOR. Within one week after the Construction Contractor
Page 4 of 8
Exhibit A—Scope of Services
Request for Professional Services (RFP) 22-7998
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM
RIVER PUBLIC UTILITIES RENEWAL PROJECT"
notifies the EOR and the County Project Manager that the Work on the Project is substantially complete
in accordance with the Contract Documents, the Construction inspector will provide their red line
construction plans to the EOR.
Deliverables: CONSULTANT's As-Constructed Field Drawings in Digital Format
2.5 Start-up and Commissioning Support—The CEI will assist the County Project Manager, the EOR and
the Construction Contractor during start-up of each segment designated for Beneficial Use by the
COUNTY, including but not limited to signing off on regulatory permits and general coordination
between the ENGINEER, COUNTY and Construction Contractor.
Deliverables: DWR with summary of observations and photographs collected during the Start-up and
Commissioning activities.
2.6 2.6 Working Hours - Inspectors are expected to be in the project site from 7:00am through 7:00pm
Monday through Saturday. This schedule can be modified to match the Contractor's schedule. Any
modifications should be approved by the COUNTY Project Manager in writing. Construction
Engineering and Inspection work will be paid straight time hourly rate with no overtime pay.
Deliverables: None.
2.7 Inspectors are required to be certified in the Occupational Safety and Health Administration (OSHA)
Class II Asbestos Worker Certification and maintain the certification for the entire duration of the
construction project. The existing potable water pipes are made of Asbestos Cement(AC) pipe.
Deliverables: AC-Pipe Removal Checklist.
Task 3.0 Public Relations and Public Information
Public Information Officer (PIO) Services to be provided continuously from start of project until end, for the
entire duration of the contract. PIO Services are anticipated to commence in advance of construction and
continue through the duration of the contract. CEI and their subconsultant(s), if any, shall complete all required
public involvement services throughout the design and construction phases. Work under this item is to
include, but not be limited to, the following:
3.1 Preparing a comprehensive mailing and email list for all property and business owners and tenants who
will be affected by the construction with limits as shown on the most current set of construction
documents. Mail and email notices through the project duration, as directed by the COUNTY Project
Manager.
Deliverables: Mailing list database covering limits, as mutually agreed to by CONSULTANT and
COUNTY Project Manager. Mailers and emails, as approved by COUNTY Project Manager.
3.2 Preparing project contact cards with the project's logo, hotline, email address and website. Project
contact cards will be given to the COUNTY's contractor to provide to residents/entities inquiring about
the project. This will allow the contractor to continue working uninterrupted and will ensure that the
public and media are receiving the most timely and accurate information. Politically sensitive issues
would be immediately brought to the attention of the Project Manager.
Deliverables: Project contact cards.
Page 5 of 8
Exhibit A—Scope of Services
Request for Professional Services (RFP) 22-7998
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM
RIVER PUBLIC UTILITIES RENEWAL PROJECT"
3.3 Preparing informational newsletter(s) which describes the project and addresses frequently asked
questions.This task may require coordination with the COUNTY public relations officers.All notifications
and materials for distribution must be approved by the COUNTY Project Manager.
Deliverables: Newsletter(s), as approved by COUNTY Project Manager.
3.4 Coordination with property owners and public services affected by construction, (e.g., garbage pickup,
United States Postal Service (USPS), Emergency Management Services (EMS)/Fire Station and
services, public schools (buses), development of road closure notices by GMD staff, etc.).
Deliverables: None.
3.5 Press releases as necessary for notification to the public. Provide the COUNTY public relations officers
project information for media interviews.
Deliverables: Press releases, as approved by COUNTY Project Manager.
3.6 Contacting businesses individually, including other contractors in the project area, either personally or
by phone, as necessary to inform those businesses closely affected by the construction activities.
Deliverables: Supplemental information for business owner, as approved by COUNTY Project
Manager.
3.7 As directed by the COUNTY Project Manager, distribute notices door to door within the project limits
and nearby communities that will be affected by the construction zone and road closures.Within a week
of a door-to-door distribution,The PIO should inspect and remove any door hangers that have not been
picked up by the resident.
Deliverables: Door Hangers and Notices with distribution and removal services.
3.8 Manage and maintain a public "Hotline" provided by the COUNTY. A physical cellular phone will be
provided by the COUNTY. The CEI PIO shall be responsible for any damages to the phone and agree
in writing to the COUNTY's rules for cellular phone use. All messages and phone calls should be
logged.
Deliverables: Customer Service Contact Log on a weekly basis
3.9 Maintaining the Project Customer Service Log using PUD's provided template.
Deliverables: Same as Task 3.8.
3.10 Respond to public concerns in coordination with the COUNTY Project Manager. This includes, phone
calls, e-mails, site visits, meetings,and special reports.All messages left by residents should be answer
within the next 24 hours.
Deliverables: Emails, meeting summaries, special report, and Customer Service Contact Log, as
directed by COUNTY Project Manager.
Page 6 of 8
Exhibit A—Scope of Services
Request for Professional Services (RFP) 22-7998
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM
RIVER PUBLIC UTILITIES RENEWAL PROJECT"
3.11 Attending design and construction progress meetings, as needed, for the duration of the design and
construction.
Deliverables: Participate in meetings, as directed by COUNTY Project Manager.
3.12 Attending other meetings as needed, (e.g., Palm River Master Association annual meeting).
Deliverables: Participate in meetings and provide meeting materials, as directed and approved by
COUNTY Project Manager, respectively.
3.13 Secure site and develop meeting materials for Neighborhood Information Meetings.Assist the COUNTY
Project Manager to set-up of the room and materials for neighborhood meetings. Mail postcards to
property owners and tenants for public meeting invite. All costs for room rental, equipment rental and
delivery, utilities, other charges and taxes in connection with the Neighborhood information meeting
shall be paid for by Collier County through the Miscellaneous Reimbursable Expenses Task.
Deliverables: Participate in meetings and provide meeting materials, as directed and approved by
COUNTY Project Manager, respectively.
3.14 Create web page for project and update it weekly.The updates should include details of the construction
and any notification that has been distributed door-to-door or mailed out.
Deliverables: Create and maintain web page and domain name; and web page updates, including
weekly project area specific progress reporting.
3.15 Monitor and manage e-mail account already established by the COUNTY. This task requires
coordination with COUNTY IT and fingerprinting.
Deliverables: Customer Service Contact Log on a weekly basis.
3.16 The CEI PIO is expected to monitor the e-mail and phone Monday through Friday from 7:00 am through
7:00 pm and Saturdays from 8:00 am through 12:00 pm.
Deliverables: Staff to answer phone and Customer Service Contact Log.
3.17 The CEI CONSULTANT will designate a CEI Public Information Officer.
Deliverables: Public Information Officer.
Page 7 of 8
Exhibit A—Scope of Services
0
Request for Professional Services (RFP) 22-7998
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM
RIVER PUBLIC UTILITIES RENEWAL PROJECT"
Task 4.0—Additional Services
Additional Services (only as authorized in writing by the County Project Manager) —In accordance with the
contract or purchase order, in the event that other services may arise during the course of the work but were
not envisioned as part of the original or amended scope of work; the CEI shall submit a proposal to perform
Additional Services prior to the performance of the work. The proposal shall include the specific services to
be performed,time to complete,compensation,and an explanation as to why the services were not previously
envisioned as part of the scope of work.The proposed Additional Services must be approved by the COUNTY
Project Manager in writing in advance of performance of said Additional Services. Failure to notify the
COUNTY Project Manager in writing of Additional Services shall be deemed a waiver of any claim by the
CONSULTANT team that such services were Additional Services. Written authorization from the COUNTY
Project Manager will be required for any charges that exceed the predetermined upper limit.
Additional Services may include but not limited to:
4.1 Additional progress meetings;
4.2 Provide multiple inspectors in one day;
4.3 Provide an inspector for night work;
4.4 Additional one on one meetings with residents
4.5 Review shut down plans for water and wastewater;
4.6 Constructability reviews;
4.7 Aerial drone photography;
4.8 GIS-grade accuracy redlines; and
4.9 As directed by the COUNTY Project Manager.
Task 5—Miscellaneous Reimbursable expenses
Miscellaneous reimbursable expenses may include but not limited to:
5.1 Copies—Newsletters, postcards, digital photographs, exhibits property owner letters and notices;
5.2 Mailings—Newsletters, postcards, property owner letters and notices, etc;
5.3 Printing — meeting materials, display boards, meeting event signage, door hangers, notices, project
business cards, plans, specifications, photographs, etc; and
5.4 Neighborhood Information Meeting costs for: room rental, equipment rental and delivery/pick-up, utility
fees, other fees, etc. That may required for renting the room.
Page 8 of 8
Exhibit A— Scope of Services
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of
its monthly invoice a progress report reflecting the Project status, in terms of the total work effort
estimated to be required for the completion of the Basic Services and any authorized Additional
Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall
show all Service items and the percentage complete of each item.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
payments to CONSULTANT in accordance with the terms stated below. Payments will be made in
accordance with the following Schedule; however, the payment of any particular line item noted below
shall not be due until services associated with any such line item have been completed or partially
completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the
percentage complete. In no event shall such Time and Materials compensation exceed the amounts
set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-Exceed
1 Construction Observation and Documentation 1,750,815.00
2 Construction Inspector and Project Oversight 3,529,590.00
3 Public Relations and Public Information 1,398,838.12
4 Additional Services 380,640.00
5 Miscellaneous Reimbursable Expenses 88,326.45
Page 18 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
0
Total Lump Sum Fee
Total Time and Materials Fee 7,148,209.57
GRAND TOTAL FEE 7,148,209.57
B.2.2. SIC * Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be
paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual
salaries and wages(basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this
Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for
Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably
required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to
be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior
written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly
billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed
task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as
of that particular monthly billing.
Page 19 of 30
PSA_CCNA Single Project Agreement[2022 ver.l]
8.2.3. * Lump Sum Fees: The fees noted in Section 2.1. chall conctituto the lump sum amount to bo
paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without
the COUNTY's prior written approval.
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under
Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and
Additional Services during the subject billing month.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be
provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall
be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall
comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without the COUNTY's prior written approval.
B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and
complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions
of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket
expenses incurred in the performance of all such services.
B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and
agrees that in the event of a dispute concerning payments for Services performed under this Agreement,
CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by
the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to
CONSULTANT all amounts that the COUNTY does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices
shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a
form and manner required by the COUNTY.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of contract.
Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under
the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no
signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on
CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not
be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for
reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting
documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum
markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the
Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following
items:
Page 20 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the
COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with
112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips
that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties
are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except
for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized
accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any
reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be
deemed to be a reimbursable expense.
END OF SCHEDULE B]
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 21 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
GAS
SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal 225.00
Senior Project Management 201.00
Project Manager 165.00
Senior Engineer 175.00
Engineer 145.00
Engineer Intern 115.00
Senior Inspector 130.00
Inspector 105.00
Senior Environmental Specialist 155.00
Scientist/Geologist 115.00
Senior Scientist/Geologist 125.00
Senior Marine Biologist/Hydrogeologist 155.00
Senior GIS Specialist 165.00
GIS Specialist 115.00
Clerical/Administrative 90.00
Senior Technician 110.00
Technician 95.00
Public Information Manager 130.00
Public Information Officer 105.00
Public Information Assistant 95.00
Graphic Designer 95.00
Website Designer 105.00
PIO Project Manager 143.40
Public Information Specialist 109.43
Assistant Public Information Specialist 98.00
Technician (Computer/Graphics)103.50
Administration 51.75
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be
all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual
agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly
rates are for purposes of providing estimate(s), as required by the grantor agency.
Page 22 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
Task/Item
For Completion of Task
Description
from Date of Notice to
Proceed
1 Construction Observation and Documentation 2,920 days
2 Construction Inspector and Project Oversight 2,920 days
3 Public Relations and Public Information 2,920 days
4 Additional Services 2,920 days
5 Miscellaneous Reimbursable Expenses 2,920 days
Page 23 of 30
PSA_CCNA Single Project Agreement[2022_ver.11
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below
listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the
nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
3.Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified in
this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten
10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that
CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance policies required shall be provided to the
COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision
that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty
30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the
COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from
its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT
hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval
or agreement by the COUNTY that the insurance requirements have been satisfied or that the
insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this
Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in this
Section except to the extent such insurance requirements for the subconsultant are expressly waived
in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required herein,
the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails
to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the
right to offset these costs from any amount due CONSULTANT under this Agreement or any other
agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to
Page 24 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
0
purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance
company or companies used. The decision of the COUNTY to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion
of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish
to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three
3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY
with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the
COUNTY may terminate the Agreement for cause.
Sections checked ( ) are required by this Agreement.
10. 10 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation
and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this
Agreement for all employees engaged in the work under this Agreement in accordance with the laws
of the State of Florida. The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of
500,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be so
endorsed.
a' s-hall11. nUnited States 1 ongshereman s .end 41arbor Worker's Act eee e be maintained
where applicablc to thc complction of thc work. Covcragc shall have minimum limits of
Per Claim/Occurrence.
12. n Maritime Coverage (Jones Act) shall be maintained where applicable to the complction of
the work. Coverage shall have minimum limits of$ Per Claim/Occurrence.
13. 1.1 COMMERCIAL GENERAL LIABILITY.
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property
Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad
Form Property Damage including Completed Operations and Products and Completed Operations
Coverage. Products and Completed Operations coverage shall be maintained for a period of not less
than five (5) years following the completion and acceptance by the COUNTY of the work under this
Agreement. Limits of Liability shall not be less than the following:
Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000
aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under
LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by
or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject
to the approval of the Risk Management Director or his/her designee.
Page 25 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where
required. The insurance shall be primary and non-contributory with respect to any other insurance
maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall
be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same
insurance requirements that the Contractor is required to meet.
15. n Watercraft Liability. Coverage shall be carried by the CONSULTANT or the
lBCONS l n n limits, of not br r.o than tho C ercial--Gonoral L-iabi ity--limit rvvvn in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
16. Aircraft Liability. Coverage shall be carried by the CONSULTANT or the
completion of the Services under this Agreement.
17. BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits
of$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-The ownership.
18. TE SIONS INSURANCE. overage-s vie
minimum limits of$Per Occurrence.
19. n GY-BERIINS RANGE Con erage shall have m
M
limits. of$Ref
Occurrence.
20, 7 UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT
and, if co, such policy shall be excess of the Employers' Liability, Commercial Ceneral Liability, and
Automobile Liability coverages required herein and shall i
basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal
liability for claims arising out of the performance of professional services under this Agreement.
CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance.
Such insurance shall have limits of not less than $2,000,000 each claim and aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not less
than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first performed
by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this
Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of
Page 26 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
Yj:
Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage
or reduction in limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%)
reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly
submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy
if requested by the COUNTY.
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable
papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints,
and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and
the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal
occurs during the term of the project policy (and on any subsequent professional liability policies that
renew during the term of the project policy). CONSULTANT agrees that any such credit will fully
accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT,
agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific
professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured
retention and the risk of uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by the
COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is
replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT
to be insured will be notified and the COUNTY will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D]
Page 27 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
G
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, STANTEC CONSULTING 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
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PALM
RIVER PUBLIC UTILITIES RENEWAL PROJECT project"is
accurate, complete and current as of the time of contracting.
BY: jf4(----
TITLE: Chris E. Brockmeier, PE- Senior Principal
DATE: (I l30/ZZ
Page 28 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
0
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage of
Time
Marc Lean Senior Project Manager 17%
Miguel Perez Project Manager 37%
Scott Sikorski Senior Inspector 69%
Mary Bowen Inspector 28%
Gale Lombardo Administrative 4%
Kaye Molnar (Cella Molnar) Public Information 3%
Tracy Hayden (Cella Molnar)Public Information 13%
Brianna Smith (Cella Molnar)Public Information 10%
Heather Kennedy (Cella Molnar) Public Information 0%
Brianna Dorsey (Cella Molnar) Public Information 5%
Sherrell Evans (Cella Molnar) Public Information 9%
Page 29 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
0
SCHEDULE G
Other:
Description)
I ] following this page (pages through )
I I this schedule is not applicable
Page 30 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
Ac®
DATE(MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
5/1/2023 11/30/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
ACTPRODUCERLocktonCompaniesNAME'
444 W.47th Street,Suite 900 PHONE FAX
Kansas City MO 64112-1906 E
D E"tl: A/C,NO):
816)960-9000 ADDRESS: ---
kctSu@lockton.com INSURERS)AFFORDING COVERAGE NAIC N
INSURER A:Berkshire Hathaway Specialty Insurance Company 22276
INSURED
STANTEC CONSULTING SERVICES INC. INSURER B:Travelers Property Casualty Co of America 25674
1415077 370 INTERLOCKEN BLVD.,SUITE 200 INSURER C.
BROOMFIELD CO 80021-8009 INSURER D:
INSURER E:
INSURER F:
COVERAGES *N CERTIFICATE NUMBER: 19160069 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADOL.SUBFY —... ._ _ POUCY EFF_--POLICY EXP
LTR TYPE OF INSURANCE INSD:WVD POLICY NUMBER MAVDD/YYYY) (MMIDDIYYYY) LIMITS
A
COMMERCIAL GENERAL LIABILITY Y N 47_GLO-307584 5/1/2022 5/1/2023 EACH OCCURRENCE $ 2.000.660
DAMAGE TO-RENTED
I CLAIMS-MADE IX OCCUR I PREMISES(Ea occurrence) $ 1,000,000
X CONTRACTUAL/CROSS MED EXP(Any one person) $ 25,000
X ' XCU COVERED PERSONAL&ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
POLICY X JECT I X LOC PRODUCTS-COMP/OP AGG $ 2.000.000
OTHER:
AUTOMOBILE LIABILITY I COMBINED SINGLE LIMITBNNTCZ1-CAP-8f.086819(AOS) 5/1/2022 5/1/2023 1,Eaaccident) 1,000.000
B II-BAP•BC:OR61(20 5/1/2022 5/1/2023 •
BODILY INJURY(Per person) I$ XXXXXXXxANYAUTO
i
OWNED SCHEDULED
AUTOS ONLY ' AUTOS
BODILY INJURY(Per accident) $ XXXXXXX
HIRED NON-OWNED PROPERTY DAMAGE_
AUTOS ONLY I AUTOS ONLY per eccidenll XXXXXXX
XXXXXXX
A X UMBRELLA LIAR X OCCUR N N 47-UMO-307585 5/1/2022 5/1/2023 EACH OCCURRENCE _—_$ 5,000,000
X !EXCESS UAB CLAIMS-MADE AGGREGATE 5,000,900
OLD [ 1 RETENTION$I S XXXXXXX
WORKERS COMPENSATION
B AND EMPLOYERS'LIABILITY UB-3P635310(A05) 5/1/2022 5/1/2023 X ',.STATUTE I ER
B !ANY PROPRIETOR/PARTNER/EXECUTIVE
YIN UB-3P533004(MA.WI) 5/1/2022 5/1/2023 E L.EACH ACCIDENT $ 1,000,000B ,OFFICER/MEMBER EXCLUDED?n N/A ' EXCEPT FOR 011 ND WA WY
l(Mandatory in NH)E L DISEASE-EA EMPLOYEE $ 1,000,000
If yes describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
1 I
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
CLIENT PROJECT#:22-7998.PROJECT NAME:ONSTRUCTION ENGINEERING AND INSPECTION(CEI)SERVICES FOR PALM RIVER PUBLIC UTILITIES
RENEWAL PROJECT.COLLIER COUNTY IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-
CONTRIBUTORY,IF REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY
WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
19160069
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
COLLIER COUNTY BOARD OF
ACCORDANCE WITH THE POLICY PROVISIONS.
COUNTY COMMISSIONERS
3339 TAMIAMI TRAIL EAST
AUTHORIZED REPRESENTATry
SUITE 303
NAPLES FL 34112 A/
1988 015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE
10/1/2023 11/30/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
p
CONTACT
PRODUCER Lockton Companies NAME:,
444 W.47th Street,Suite 900 PHONE
1AIC.lI4.F st1:_ IA1C.
Kansas City MO 64112-1906 E-MAIL
816)960-9000
kctsuqillockton.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Berkshire Hathaway Specialty Insurance Company 22276
INSURED STANTEC CONSULTING SERVICES INC. INSURER B:AIG Specialty Insurance Company 26883
1414100 370 INTER1,OCKEN BLVD.,SUITE 200 INSURER C:
BROOMFI EI.D CO 80021-8009 INSURER D:
INSURER E
INSURER F:
COVERAGES *N CERTIFICATE NUMBER; 19160044 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR` AODL'SUBRT POLICY EFF , POLICY EXP
LTR I TYPE OF INSURANCE INSD I MD POLICY NUMBER tMM /YYYYIIDD I(MM(PPIYYY) LIMITSY
COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE .$ XXXXXXX
DAMAGE TO-RENTED- g XXXXXXX1CLAIMS-MADE OCCUR PREMISES LEa occutteece)
MED EXP(Any one person) i$ XXXXXXX
PERSONAL&ADV INJURY $ XXXXXXX
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX
i POLICY 'i PROJECT I LOC PRODUCTS-COMP/OP AGG .$ XXXXXXX
1 OTHER
AUTOMOBILE LIABILITY NOT APPLICABLE COMBINEDli SINGLE LIMIT $ XXXXXXX
ANY AUTO BODILY INJURY(Per person) I$ XXXXXXX
OWNED SCHEDULED BODILY INJURY(Per accident)$ XXXXXXX
AUTOS ONLY AUTOS li XXXXXXXHIREDNON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY j 1 accident)_... ..-... !$
XXXXXXX
i UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE !$ XXXXXXX
t
EXCESS LIAB CLAIMS-MADE AGGREGATE I$ XXXXXXX
DEO RETENTION$ I$ XXXXXXX
I WORKERS COMPENSATION NOT APPLICABLE I ER
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
YIN I
E,L EACH ACCIDENT $ XXXXXXX
OFFICER/MEMBER EXCLUDED? N/A
Mandatory in NH) I E.L DISEASE-EA EMPLOYEE $ XXXXXXX
If yes,describe under
DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ XXXXXXX
A Professional Liab N N 47-EPP-308810 10/1/2022 10/1/2023 S3,000,000 PER CLAIM/AGG
A NO RETROACTIVE DATE INCLUSIVE OF COSTS
B Contractors Pollution Liab I I CP08085428 10/1/2021 10/1/2023 S3,000,000 PER LOSS/AGG
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached If more space Is required)
CLIENT PROJECT#:22-7998.PROJECT NAME:ONSTRUCTION ENGINEERING AND INSPECTION(CEI)SERVICES FOR PALM RIVER PUBLIC UTILITIES
RENEWAL PROJECT.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
19160044 ACCORDANCETHE EXPIRATION NOTICE WILL BE DELIVERED IN
WITH THE POLICY PROVISIONS.
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZED REPRESENTA
3339 TAMIAMI TRAIL EAST
SUITE 303
NAPLES FL 34112
01988 015 ACORD CORPORATION. All rights reserved,
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Attachment Code:D522032 Certificate ID: 19160069
POLICY NUMBER:47-GLO-307584 COMMERCIAL GENERAL LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)Location(s)Of Covered Operations
ALL LOCATIONS COVERED UNDER THIS POLICY, FOR
ANY SUCH PERSON OR ORGANIZATION BUT ONLY TO LIABILITIES ARISING OUT OF OUR NAMED INSURED'S
THE EXTENT REQUIRED BY A WRITTEN CONTRACT ACTIVITIES ONLY.
EXECUTED PRIOR TO THE"OCCURANCE" FOR OFFENSE.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional
organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or
damage" or "personal and advertising injury" property damage"occurring after:
caused, in whole or in part, by:
1. All work, including materials, parts or
1. Your acts or omissions; or equipment furnished in connection with such
2. The acts or omissions of those acting on your work, on the project (other than service,
behalf; maintenance or repairs) to be performed by or
in the performance of your ongoing operations for on behalf of the additional insured(s) at the
the additional insured(s) at the location(s)
location of the covered operations has been
designated above. completed; or
However:2. That portion of "your work" out of which the
injury or damage arises has been put to its
1. The insurance afforded to such additional intended use by any person or organization
insured only applies to the extent permitted by other than another contractor or subcontractor
law; and engaged in performing operations for a
2. If coverage provided to the additional insured principal as a part of the same project.
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2
Attachment Code:D522032 Certificate ID: 19160069
C. With respect to the insurance afforded to these 2. Available under the applicable Limits of
additional insureds, the following is added to Insurance shown in the Declarations;
Section III—Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the
required by a contract or agreement, the most we applicable Limits of Insurance shown in the
will pay on behalf of the additional insured is the Declarations.
amount of insurance:
1. Required by the contract or agreement; or
CG 20 10 0413 Insurance Services Office, Inc.,2012
PAGE 2 of 2
Attachment Code: D522054 Certificate ID: 19160069
POLICY NUMBER:47-GLO-307584 COMMERCIAL GENERAL LIABILITY
CG20370413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
ANY LOCATION OR PROJECT WHERE YOU ARE
ANY SUCH PERSON OR ORGANIZATION REQUIRED TO PROVIDE ADDITIONAL INSURED
BUT ONLY TO THE EXTENT REQUIRED BY STATUS IN A WRITTEN CONTRACT OR WRITTEN
A WRITTEN CONTRACT EXECUTED
AGREEMENT, EXCEPT WHERE SUCH CONTRACT OR
PRIOR TO THE "OCCURANCE" FOR
AGREEMENT IS PROHIBITED BY LAW
OFFENSE.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following is added to
organization(s) shown in the Schedule, but only Section III—Limits Of Insurance:
with respect to liability for "bodily injury" or If coverage provided to the additional insured is
property damage"caused, in whole or in part, by required by a contract or agreement, the most we
your work" at the location designated and will pay on behalf of the additional insured is the
described in the Schedule of this endorsement amount of insurance:
performed for that additional insured and
1. Required bythe contract or agreement; orincludedinthe "products-completed operations q 9
hazard". 2. Available under the applicable Limits of
However: Insurance shown in the Declarations;
1. The insurance afforded to such additional whichever is less.
insured only applies to the extent permitted by This endorsement shall not increase the applicable
law; and Limits of Insurance shown in the Declarations.
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 0413 Insurance Services Office, Inc., 2012 Page 1 of 1
Wolters Kluwer Financial Services I Uniform FormsTM
Attachment Code:D522092 Certificate ID: 19160069
ENDORSEMENT
This endorsement, effective 12:01 AM: 5/1/2022
Forms a part of Policy No.: 47 - GLO-307584
Issued to: SEE ATTACHED CERTIFICATE
By: Berkshire Hathaway Insurance Company
PRIMARY NONCONTRIBUTORY - OTHER INSURANCE
PROVISION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following Condition is added to the policy:
Primary Noncontributory—Other Insurance
The insurance provided by this policy is primary, and will not seek contribution from any insurance
available to an additional insured under this policy, provided that:
a) The additional insured is a named insured under such other insurance; and
a) Prior to an "occurrence" you agreed, in a fully executed written contract or agreement, that this
insurance would be primary and would not seek contribution from any insurance available to that
additional insured.
All other terms and conditions of this policy remain unchanged.
Page 1 I CLP-UN-065-10/2013
Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
Attachment Code: D524752 Certificate ID: 19160069
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00)
POLICY NUMBER: UB-3P635310 (AOS); UB-3P533004 (MA, WI)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by
this policy. We will not enforce our right against the person or organization named in the
Schedule. (This agreement applies only to the extent that you perform work under a
written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit any one not named in
the Schedule.
SCHEDULE
DESIGNATED PERSON OR ORGANIZATION
WHERE REQUIRED BY WRITTEN CONTRACT