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Backup Documents 07/10/2018 Item #16E 5 (Contract #17-7097)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office CountyAttorneyOffice �'�e5 4. BCC Office Board of County Commissioners V l / —712\\< 4. Minutes and Records Clerk of Court's Office ( ,4,1'3 02;gY 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Stephanie Cales Contact Information 239-252-8950 Contact/ Department Agenda Date Item was July 10,2018 / Agenda Item Number 16.E.5. Approved by the BCC Type of Document CONTRACT Number of Original 1/ 2 Attached Documents Attached PO number or account N/A 17-7097 17-7097 number if document is Aptim Aptim to be recorded Environmental & Environmental & Infrastructure, Infrastructure, Inc. Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK am' 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SC signed by the Charman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 07/10/2018 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the }' BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 16E 5 MEMORANDUM Date: July 12, 2018 To: Stephanie Cales, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #17-7097 "Collier Creek Modeling " Contractor: Aptim Environmental & Infrastructure, Inc. Attached for your records is an original of the referenced document above, (Item #16E5) adopted by the Board of County Commissioners on Tuesday, July 10, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16E 5 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into on this 1041 of t►t , 2018 by and between Aptim Environmental & Infrastructure, Inc. ("APTIMand Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on July 11, 2017, (Agenda Item 16-A-18) the County awarded Agreement #17-7097 "Collier Creek Modeling" to CB&I Environmental & Infrastructure, Inc., a copy of which is attached hereto as Exhibit A and hereinafter referred to as "Agreement;"and WHEREAS, on June 30, 2017, Veritas Capital acquired CB&I Environmental & Infrastructure, Inc., resulting in new business name of Aptim Environmental & Infrastructure, Inc.; and WHEREAS, APTIM hereby represents to Collier County that by virtue of this acquisition,APTIM is the successor in interest as it relates to the Agreement; and WHEREAS, the parties wish to formalize APTIM's assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. APTIM accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement including all existing and future obligations to pay and perform under the Agreement. 2. APTIM will promptly deliver to County evidence of insurance coverage consistent with the Agreement. 3. Notice required under the Agreement to be sent to Consultant shall be directed to: Aptim Environmental & Infrastructure, Inc. 4171 Essen Lane, Baton Rouge, LA 70809 Main Phone: 561-391-8102 Attn: Thomas P. Pierro,Director of Operations 4. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 5. The County hereby consents to APTIM assumption of the Agreement in order to continue the services provided under Agreement #17-7097 "Collier Creek Modeling." No waivers of performance or extensions of time to perform are granted or authorized. The County will treat APTIM as the Consultant for all purposes under the Agreement. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect. [18-PRC-03588/1413782/1] 1 toE 5 IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST: CRYSTAL K.'KI ZEL, BOARD OF 'LINTY COMMISSIONERS INTERIM CIERW COLLIER ' I • Y, FLO' i • • BY �+► �.. �r� BY: . I4 Attest a ' • Deputy !J U I� • 1 Y SOLIS, CHAIRMAN signature only.. APTIM ENVIRONMEN : & INFRASTRUCTURE, INC. WITNESSES: By: 4110 Thomas Pierro,Director of Operations T a Brenner - Print Name/Title Print Name '' G �.0CI n Trade McCauley v Print Name Approved .'s to i 1 m and legality: By: 4!11 Jef`uir .�'' latzkow Cou ty ttorney [18-PRC-03588/1413782/1] 2 16 5 EXHIBIT A Contract# 17-7097 "Collier Creek Modeling" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this )44\ day of 31, , 20114-- by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and CB&I Environmental & Infrastructure, Inc., authorized to do business in the State of Florida, whose business address is 2103 Research Forest Drive, The Woodlands, TX 77380 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting Engineering Services of the CONSULTANT concerning Collier Creek Modeling (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; 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 OWNER professional Engineering Consulting services in all phases of the Project to which this Agreement applies. 1 Contract#17-7097"Collier Creek odd ing" CB&I Environmental&Infrastructure, Inc. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Thomas Pierro, Vice President 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 OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 0 2 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E5 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 3 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure,Inc. • 1 5 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. 4 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E5 In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1 .9. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in 5 Contract#17-7097"Collier Creek Modelin ' 7 CB&I Environmental&Infrastructure, Irfc 16E5 the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER 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 OWNER'S Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER 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. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder, If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. 6 Contract#17-7097"Collier Creek Modelir � CB&I Environmental&Infrastructure, I c�a 16E5 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. 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. 2.2. 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, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3. Providing renderings or models for OWNER'S use. 2.4. 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 OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. Ca)7Contract#17-7097"Collier CreekfiAling" CB&I Environmental&Infrastructure, Inc. 16E5 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9. 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 OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or 8 Contract#17-7097"Collier Creek iltifg" CB&I Environmental&Infrastrulnc. 16E 5 (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall; (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the 9 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E 5 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 OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. 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 10 '�� Contract#17-7097"Collier Creek Modeli CB&I Environmental&Infrastructure, Inc. 16E5 available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5. In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or material invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include 11 Contract#17-7097"Collier Creek Modeling' CB&I Environmental&Infrastructure,In v) 16 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. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use, 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third'parties and hereby consents to such use by OWNER. S 12 Contract#17-7097"Collier Creek Modeling' CB&I Environmental&Infrastructure, Inc. 16E5 ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during 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 defend, indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 13 tom, Contract#17-7097"Collier Creek Qc1 ing" CB&I Environmental&Infrastruc re,Inc. 16 E 5 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 14 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure,Inc. E 5 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1, The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities 15 Contract#17-7097"Collier Creek Modeling CB&I Environmental&Infrastructure, Inc. 16E 5 which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further 16 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructu U0 16E5 set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 17 Contract#17-7097"Collier Creek Modelin ' U CB&I Environmental&Infrastructure, Inc. 16 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner 18 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure,Inc.ap 16E 5 1 payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services 19 Contract# 17-7097"Collier Creek Modelin CB&I Environmental&Infrastructure, Inc. 16E 5 required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida c/o Coastal Zone Management 2685 South Horseshoe Drive, Unit 103 Naples FL, 34104 Telephone: 239-252-2966 Fax: 239-252-2950 Attention: Gary McAlpin, Manager Email: garymcalpin@colliergov.net 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: CB&I Environmental & Infrastructure, Inc. 2481 NW Boca Raton Blvd Boca Raton, FL 33431 Phone: 561-391-8102 Fax: 561-391-9116 Attn: Thomas Pierro, Vice President Email: Thomas.Pierro@cbi.com 20 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 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. Gid 21 Contract#17-7097"Collier Creek Modeling" CB&I Environmental& Infrastructure, Inc. 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 TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 17-7097 Terms and Conditions Consultant's Proposal 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. 22 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E 5 ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public 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." ©0t) 23 Contract#17-7097"Collier Creek Modeling" • CB&I Environmental&Infrastructure, Inc. .r��trrrrt�tl�► �. ,� __ 1 E 5 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. ********** 0840 24 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. i6E51 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Engineering Consulting Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock Clerk r By \/{1.Q$. \,. /-(C-• el .. --j Date:(- 1� 1 - . 24.\-7 \ By: X:::) Attest as to Chairman's J Penny Tayll hairmane signature only. Approved as to For and Legality: P,-(000-01/1 ' Assistant County Attorney ° Ctx• -earl iv', eyeerie. Name CB&I Environmental & Infrastructure, Inc. ss ` �` By: • c(?_.------>-- Witn -1-alb.. E3ce - Coa4ikak rus►.4- 7`holioS ee,+rty 1 acf-e4c. O-.• 7*1 Name and Title Name and Title _Witness ( racit,r11c-C fq Pro. 1fl9 rr. A- . Name and Title QV25 Contract#17-7097'Collier Creek Modeling' CB&I Environmental&Infrastrudure,Inc. toE SCHEDULE A SCOPE OF SERVICES This modeling study, management plan, and permitting is to be based on the results of the Collier Creek Feasibility Study (CB&I, 2015). The area of concern is the entrance to Collier Creek, where it meets the Marco River on the north side of Marco Island. The creek entrance is flanked to the east by the Ville de Marco West condominium (VDMW) and to the west by a terminal jetty on Marco Point, the eastern end of Hideaway Beach. The modeling study will focus on the area from monument H-14 (near the easternmost T-groin) east to H-16, and channel cross sections C-1 to C-11. Currently, safe boating through Collier Creek is threatened by severe currents and turbulence during bi-monthly spring tides. The two primary modeling objectives of this project will be to improve navigability in the inlet and to manage coastal sediments so that periodic dredging events will have a project life of 4 years. The 2015 feasibility study resulted in the following findings that will be investigated further through this modeling study: 1. The entrance to Collier Creek has narrowed since 2005, when the terminal jetty was installed. 2. Infilling is occurring in Collier Creek. 3. Collier Creek experiences turbulent flow and strong currents around peak tides. 4. Too much sand is being transported to the creek, shortening the time between dredging events and causing further constriction of the inlet's width. 5. The terminal jetty may need to be relocated, modified, or removed. Based on the results of the modeling study, a Collier Creek Management Plan will be developed for County review and approval. The management plan will include an alternatives analysis considering pros, cons, and probable costs. In consultation with permitting agencies, the CONSULTANT will perform permitting tasks for the recommended plan from the Collier Creek Management Plan. The following tasks are included in the scope of work. Task 1. Agency and Stakeholder Coordination For successful completion of this modeling study and development of an implementable coastal management plan, the CONSULTANT will coordinate with permitting agencies, stakeholders and the COUNTY throughout this project. As applicable, the CONSULTANT will coordinate with FDEP Divisions of State Lands and Beaches, Inlets & Ports (BIPS), and USACE about permitting and land use feasibility. Meetings with the COUNTY or local stakeholders will be held at key milestones during the project: 1. Prior to the start of modeling production runs, the CONSULTANT will have a discussion with the County to review the data collected and the data proposed for use in modeling. (77,(C) B-1 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 5 1 . .E 2. Once the bulk of the modeling work is completed, the CONSULTANT will regroup with the COUNTY and local stakeholders if needed, to discuss the initial results of the modeling. 3. The CONSULTANT will conduct another meeting with the COUNTY and local stakeholders to present the management plan. Task 2. Field Work and Analysis to Support Modeling Study & Permitting for Jetty Modifications All survey work will be conducted under the direct supervision of t,' registered Florida professional surveyor and mapper in compliance with Chapter 472 FS and 5J-12 FAC. A topographic and hydrographic survey map certified by a Florida registered professional surveyor and mapper will be provided. • Conduct wave, current and tidal measurements for a 28 day period in the throat of Collier Creek and at the mouth of the Marco River using a pair of ADCPs. • One tide gauge in Collier Bay will be deployed • Conduct a survey of selected profiles from the project area containing cross sections C-1 to C-11 and beach profiles H-14 to H-16 (CB&I, 2015). One survey line across Marco River will be conducted east of Collier Creek. Include a survey of the VDMW seawall and toe protection (scour apron) for use in the model. Selected survey lines of the inlet entrance, ebb shoal and the 2016 Hideaway beach disposal area (see below) may be required to resolve specific bathymetric features. • The approximate mean high water line will be located on the portions of Hideaway Beach along the Marco River and Collier Creek • Using RTK GPS, the CONSULTANTS surveyors will locate the relevant features of the terminal jetty adjacent to Collier Creek as well as collect topographic data covering all of the potential jetty relocation sites, with enough detail to support the permit application for jetty modification. Task 3. Historic Data Analysis and Sediment Budget Based on available historic data and field collected grab samples, the CONSULTANT will develop a sediment budget around the Collier Creek entrance. A sediment budget illustrating the flows and quantifying the sediment movement will assist in defining the coastal processes and provide a basis for design alternative selections. The developed sediment budget will be one of the tools used to calibrate the model. Once this project proceeds to the permitting phase, the sediment budget will likely be requested by the permitting agencies for consideration of any proposed projects. Task 4. Modeling and Model Alternatives A model that performs waves, hydrodynamic and morphological simulations in the vicinity of Collier Creek in 3D is essential in order to evaluate the impact of the channel dredging and sediment transport from the adjacent beaches. The Delft3D model is specifically designed to model complex interactions between offshore and inlet bathymetry, structures, waves, tides, wind-induced currents, sediment transport, erosion and deposition. The model will be setup in three-dimensional (3D) mode and calibrated with existing bathymetry data, along with the locally measured water levels, currents and waves. Thi includes the development of a model computational grid, interpolation of the bathymetry, a B-2 Contract#17-7097"Collier Creek Modeling' CB&I Environmental&Infrastructure, Inc. i6E waves, hydrodynamic and morphological calibration, and production runs of the simulation alternatives. To the maximum extent practical, the modeling set up will use existing surveys including construction and monitoring surveys of Collier Creek and Hideaway Beach, 2007, 2010 and 2015 LiDAR survey datasets where available, and NOAA bathymetry. The hydrodynamic and morphology model calibration will be conducted to a level that is sufficient for comparing relative performance of the project alternatives. Prior to simulating possible changes to the inlet, the 3D hydrodynamic model calibrated with ADCP data collection will be applied to study the 3D flow field and better understand the causes for the severe turbulence and currents. Based on data availability and the input from the County, the period of the sediment budget and morphology model calibration will be defined. The analyzed time frame should extend at least two years and consider the December 2014 channel survey or a similar condition of Collier Creek to be approved by the County, which represents a time of severe turbulence and currents. After calibration, the combined wave, 3D hydrodynamic, sediment transport and morphology model will be used to compare the results of a baseline condition and the alternatives listed below. The alternatives analysis will examine both the hydrodynamic performance within the inlet and sediment transport from the adjacent Hideaway Beach. Performance of each alternative will be optimized by varying size and position, except the first and last ones listed below. 1. December 2012 permitted plan with jetty relocation. 2. Enlarge entrance channel to an equilibrium cross section 3. Move terminal jetty to the west 4. Adjust terminal jetty: raise, lengthen, sand tighten and move west 5. Streamline the flow in Collier Creek 6. Remove the jetty on the west side of the inlet. 7. Groin updrift of inlet Modeling results will be provided to the COUNTY for review prior to finalization. After consultation with the COUNTY and initial production runs, a combination alternative will likely be developed and modeled as the final plan. Task 5. Modeling Study Report Following completion for the Delft3D modeling effort and processing of the modeling results, the CONSULTANT will compile a Collier Creek Modeling Study Report. The detailed modeling report will document the data collection, model setup, calibration, model scenarios and results of the production runs. Lessons learned from the modeling study as well as ideas for future consideration will also be included in this report. Appendices may include: 1) Certified Survey Map 2) Granularmetric Reports and Grain Size Distribution Curves 3) Sediment Budget 6.) 4) Modeling Graphics `� B-3 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure,Inc. 1 6 E 5 Task 6. Management Plan Based on the model results, coordination with permitting agencies and stakeholder input, the CONSULTANT will build upon the Modeling Study Report and prepare an alternatives analysis of the potential implementation options, including pros, cons and probable cost estimates. This analysis will result in a recommended alternative and be incorporated into a management plan with a detailed description suitable for discussion with stakeholders and permitting agencies. The plan will identify portions that can be implemented without a new permit and those pieces that would require additional permitting coordination. A goal of the plan will be to develop a sediment management plan that promotes longevity for the navigation project and minimize sediment transport from Hideaway Beach into the inlet. Analyses will be conducted to estimate the amount of sand that can be placed on Hideaway Beach without negative impact to navigation in Collier Creek. The sediment management plan may include identification of a potential location other than Hideaway Beach, its borrow areas and the Marco-Capri Pass Disposal Area, for economical long-term dredge disposal and sand stockpiling. Modeling results and environmental constraints will be considered. The plan will recommend responsibilities of participating stakeholders in the Collier Creek area. The CONSULTANT will present the findings of the alternatives analysis along with the recommended alternative to the COUNTY for review and input. Based on County feedback, the CONSULTANT will finalize the management plan for COUNTY acceptance and accompany the COUNTY in presenting the plan to FDEP and USACE. The resulting Collier Creek Management Plan will be prepared as a final report and will include the Modeling Study Report as a supporting attachment. Task 7. Permitting Based upon agency feedback on the management plan, the County may choose to pursue additional permit modifications and permits to achieve the selected alternative. The CONSULTANT has the multi-disciplined in-house professionals needed to bring permit modification requests and new state and federal permit applications to completion in support of the County's management plan for Collier Creek. Pending the results of the study, the County may wish to pursue one or all of the following options: Terminal Jetty Modifications, Increase Offshore Disposal Capacity, or Adjust Dredge Template/Alignment. a) Pre-application Meeting The CONSULTANT will prepare for and accompany the County to pre-application meetings with FDEP and USACE to communicate the permitting intent and determine the documentation needed for the permit and/or permit modification applications. b) Permitting for Terminal Jetty Modifications At this stage, it is assumed that modifications (improvements, relocation, or removal) to the terminal jetty will be part of the long term Collier Creek Management Plan. This scope includes professional services for the CONSULTANT to support the County in submitting a major permit modification/new permit application for jetty modifications to state and federal permitting agencies. n�� B-4 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E51: Following the pre-application meeting, and with a clear path forward, the CONSULTANT's engineers will conduct preliminary structural design work for the terminal jetty modifications. Structural drawings suitable for inclusion in the permit application will be developed. A technical design narrative will be written and used to support the permit applications, which will include the Modeling Study Report and Collier Creek Management Plan prepared in Tasks 5 and 6. c) Permitting to Increase Offshore Disposal Capacity or Adjust Dredge Template/Alignment A potential result of the modeling study and management plan could be the need for an increased capacity for offshore disposal or an adjustment to the dredge template. Increasing offshore disposal capacity may be achieved by reducing the environmental restrictions on the currently permitted Big Marco/Capri Pass Disposal Area or by identification of a new offshore disposal area. The CONSULTANT will include this for discussion in the pre-application meeting, if supported by the modeling study and deemed a viable option by the County. It is assumed that these activities may be achieved by permit modifications to FDEP Permit No. 0309260-001-JC and USAGE Permit No. SAJ-1988-00290. After the pre- application meeting, the CONSULTANT will proceed with preparations of a minor modification request. The CONSULTANT will make a formal consultation early in the process with the USACE to consider expanding the permitted disposal area into sea turtle critical habitat. This scope assumes that a minor modification request is one that can be submitted utilizing existing data and analysis for support, and does not require additional coordination with environmental agencies beyond an initial request for consultation. The data required to permit increased offshore disposal capacity and/or modifying the dredge template/alignment are dependent upon input from the permitting agencies. Due to the uncertainties associated with potential agency requests related to these tasks, this scope of work does not include field investigations, design, permit drawings, or permit modification requests for a major modification to increase the capacity of offshore disposal or adjusting the dredge template. The CONSULTANT will request feedback from the agencies and determine the additional field investigations and engineering work that may be required. The CONSULTANT could perform these tasks under a change order and separate notice to proceed from the County. In preparation of a new permit application and/or permit modification resulting from the above options, The CONSULTANT will prepare the appropriate request(s) for regulatory authorizations. We will research existing easements and support the County in obtaining additional easements as required. The County will provide all permit fees directly to the permit agencies and will be responsible for publication of any public notices. CONSULTANT will prepare the permit application/modification request(s) and reply to up to two (2) Requests for Additional Information (RAI) from each permitting agency to bring the permit application to completion. B-5 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure,Inc. 16E5 d) Permitting Contingency The effort required to permit jetty modifications, increased offshore disposal capacity, and/or modifications to the dredge template/alignment are dependent upon input from the permitting agencies. Due to the uncertainties associated with potential agency requests related to these permitting efforts, this task is included in the scope of work as contingency for professional services outside of the expected base permitting efforts described above. These additional permitting efforts may include: • responses to protracted agency RAls • additional engineering analysis and computation • limited modeling efforts in support of the RAls • additional regulatory coordination • coordination with consulting environmental agencies • additional design effort, permit drawings revisions, or expanded permit modification requests This scope of work does not include geophysical, geotechnical or environmental field investigations. The CONSULTANT will request feedback from the agencies early on to determine the additional field investigations and engineering work that may be required for the alternatives for the County to consider. The CONSULTANT could complete these tasks under a change order and separate notice to proceed from the COUNTY. However, a cost benefits analysis will be discussed with the County to determine if additional field investigations are worthwhile before proceeding. 0 B-6 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. E 5 SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM TASKS NOT TO EXCEED AMOUNT: 1. Agency and Stakeholder Coordination $14,719.00 2. Field Work & Analysis _ $44,313.00 3. Historic Data Analysis & Sediment Budget $5,777.00 4. Modeling and Modeling Alternatives $70,428.00 5. Modeling Study Report $17,378.00 6 Management Plan $32,556.00 7. Permitting - 7a. Pre-Application Meeting $13,750.00 7b. Permitting for Terminal Jetty Modifications $46,654.00 7c. Permitting to Increase In-Water Disposal or $22,840.00 Adjustment Dredge Template/Alignment 7d. Permitting Contingency $20,938.00 8. Not-to-Exceed Fee for Reimbursable $9,606.30 Expenses for all Tasks TOTAL FEE (Total Items 1-8) $298,959.30 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B-1 Contract#17-7097"Collier Creek Modeling" • CB&I Environmental&Infrastructure, Inc. rrri► " r E B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B-2 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure,Inc. 16E 5 B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5. Expense of models for the County's use. B.3.5.1.6. Other items on request and approved in writing by the OWNER. Cc?)fes`' r B-3 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E51 Attachment 1 SCHEDULE B CONSULTANT'S RATE SCHEDULE Job Title Hourly Rate Principal $207.00 Senior Project Manager $173.00 Project Manager $148.00 Senior Planner Modeler $140.00 Senior Marine Biologist $139.00 Planner $111.00 Surveyor and mapper $121.00 Senior Scientist $119.00 Senior Technician $86.00 Survey Crew- 2 Man $136.00 Scientist/Geologist $94.00 GIS Specialist $103.00 Clerical $63.00 Sieve Analysis $95.00 Equipment Unit of Measure Rate ADCP per month $5,000.00 Underwater Tide Gauge per month $900.00 Survey Boat per day $790.00 RTK GPS per day $495.00 HYPACK per day $260.00 Heave, Pitch, Roll Compensator per day $215.00 Sounder per day $160.00 The above 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 upon mutual agreement in advance and in writing by the Project Manager and the Consultant, without further Board approval. END OF SCHEDULE B. B-4 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure,Inc. 16E 5 SCHEDULE C PROJECT MILESTONE SCHEDULE Calendar Days For Completion Task from Date of Description Notice to Proceed for Services under this Agreement 1. Agency and Stakeholder Coordination 700 2. Field Work & Analysis 700 3. Historic Data Analysis & Sediment 700 Budget 4. Modeling and Modeling Alternatives, 700 5. Modeling Study Report 700 6 Management Plan 700 7. Permitting 700 D-1 Gb Contract#17-7097"Collier Creek-'vlodeling" CB&I Environmental&Infrastructure,Inc. 16E 5 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D-ICr, ��� Contract#17-7097"Collier Creek Modeling" �� CM!Environmental&Infrastructure, Inc. 16E 5 the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. D? Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16 E '5 (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) x $500,000 Each Accident $500,000 Disease Aggregate $500,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. rCM Applicable x Not Applicable D-3 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. E 5 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable x Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: x Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Aggregate $2,000,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. D-4 Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E5 (3) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. (4) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable x Not Applicable (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable x Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X_Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: x Bodily Injury & Property Damage - $1,000,000 D-5 Q)9- Contract#17-7097"Collier Creek Modeling" CB&I Environmental&Infrastructure, Inc. 16E 5 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: x $1,000,000 each claim (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the D-6 �' Contract#17-7097"Collier Creek Modeling" C� CB&I Environmental&Infrastructure, Inc. 16E5 term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for D-7 d Contract#17-7097"Collier Creek Modeling" , CB&I Environmental&Infrastructure, Inc_ the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 C5 Contract#17-7097"Collier Creek Modeling" c) CB&I Environmental&Infrastructure, Inc. 16E51SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CB&I Environmental & Infrastructure, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Engineering for Doctors and Wiggins Pass Dredging are accurate, complete and current as of the time of contracting. CB&I Environmental & Infrastructure, Inc. c- ev._ BY: 410 TITLE: —thow Rirtl� Direc. O�,�eig'{iCJ�S DATE: G 1 3o ( a0 1-7 E-1 L. ) SCHEDULE F KEY PERSONNEL Name Personnel Category % of time Thomas Pierro PE Principal <5% Stephen Keehn PE Senior Project Manager 5% Tara Brenner, PG, PE Project Manager 15% Joao Dobrochinski Senior Planner/Modeler 25% Lauren Floyd Senior Marine Biologist 15% Spencer Waganaar Planner/Coastal Engineer 15% Michael Lowiec Surveyor & Mapper <5% Christopher Walker Senior Scientist <5% Scott Tillman Senior Technician 5% Blake Boussard Survey Crew <5% Andrew Atchison Scientists/Geologist <5% Heather Vollmer GIS/CAD Specialist <5% Gary Krystiniack GIS/CAD Specialist <5% Tracie McCauley Clerical <5% P_1 i� ■rrrnrw �a a sunbiz.org - Florida Department of State Page 1 of 2 16E5 Florida Department of State DIVISION OF CORPORATIONS .c.9u6-/. fig c„. .0.,d,_r,)Ci i''„,-..,. , [ _) - , * , Previous on List Next lonList Return to List Filing History No Authority Info No Partner Info Name History Partnership Detail Limited Liability Partnership Name CLIFTONLARSONALLEN LLP Principal Address 220 SOUTH 6TH STREET#300 MINNNEAPOLIS, MN 55402 Change Date: NONE Filing Information Document Number LLP050003934 FEI/EIN Number 410746749 File Date 08/30/2005 State MN Total Pages 19 Pages in Original Filing 2 Florida Partners 1 Total Partners 1 Status ACTIVE Effective Date NONE Expiration Date NONE Name History 0002 Registered Agent CT CORPORATION SYSTEM 1200 SOUTH PINE ISLAND RD. PLANTATION, FL 33324 Document Images 08/30/2005--LLP View image in PDF format 04/12/2018--LLP Business Report View image in PDF format 05/02/2017--LLP Business Report View image in PDF format 04/27/2016--LLP Business Report View image in PDF format 02/20/2015--LLP Business Report View image in PDF format 05/01/2014--LLP Business Report View image in PDF format 05/03/2013--LLP Business Report View image in PDF format 03/20/2012--LLP Business Report View image in PDF format 01/23/2012-- View image in PDF format 03/08/2011 --LLP Business Report http://dos.sunbiz.org/scripts/gendet.exe?action=DETGENIFE1&web dir=%20&web_key ... 7/10/2018 16E5 __--, . ACaRE) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘..�i 6/30/2019 6/21/2018 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). PRODUCER LOCKTON COMPANIES CONTACT 444 W.47TH STREET,SUITE 900 PHOON o.EXn: (AFAX No): KANSAS CITY MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Greenwich Insurance Company 22322 INSURED CB&I ENVIRONMENTAL&INFRASTRUCTURE,INC. INSURER B:XL Specialty Insurance Company 37885 1430715 APTIM ENVIRONMENTAL&INFRASTRUCTURE,INC. INSURER C:Starr Indemnity&Liability Company 38318 A SUBSIDIARY OF APTIM HOLDING CORP. INSURER D:Markel American Insurance Company 28932 4171 ESSEN LANE INSURER E: BATON ROUGE LA 70809 INSURER F: COVERAGES CERTIFICATE NUMBER: 14806178 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y N CGD7409602 6/30/2018 6/30/2019 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 X BROAD FORM PD MED EXP(Any one person) $ 10,000 _ X CONT.LIAB&XCU PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JE LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY y N CAD7409603 6/30/2018 6/30/2019 COMBINED pa=trIGLE LIMIT $ 5,000,000 D X ANY AUTO MKLM4EUL100363 6/30/2018 6/30/2019 BODILY INJURY(Per person) $ XXXXXXX _ OWNED SCHEDULED BODILYINJURY(Peraccident $ XXXXXXX _ AUTOS ONLY AUTOS ) `Y AUTOS ONLY HIRED X AUTOS ONLYY PROPERTY DAMAGE $ XXXXXXX (Per accident) $ XXXXXXX C X UMBRELLA LIAB X OCCUR Y N 1000095268181 6/30/2018 6/30/2019 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y CWD7409600(AOS) 6/30/2018 6/30/2019 X STATUTE ER BANY PROPRIETOR/PARTNER/EXECUTIVE Y/N CWR7409601(WI) 6/30/2018 6/30/2019 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A INCLUDES STOP GAP 6/30/2018 6/30/2019 (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 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:COLLIER CREEK MODELING CONTRACT#17-7097;CUSTOMER REFERENCE NO.:COLLIER CREEK CONTRACT.COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ARE INCLUDED AS ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY,AUTO LIABILITY,AND UMBRELLA LIABILITY COVERAGES,THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF COLLIER COUNTY BOARD OF COUNTY COMISSIONERS APPLIES TO WORKERS COMPENSATION AS REQUIRED BY WRITTEN CONTRACT AND WHERE PERMITTED BY STATE LAW.30 DAYS NOTICE OF CANCELLATION APPLIES(EXCEPT FOR NON-PAY). CERTIFICATE HOLDER CANCELLATION 14806178 PROCUREMENT SERVICES DIVISION COLLIER COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL EAST NAPLES FL 34112 AUTHORIZED REPRESENTATiv.' A/ 410-14 ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16E5 . ACRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �.------ 6/30/2019 6/21/2018 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). PRODUCER LOCKTON COMPANIES NAMEACT 444 W.47TH STREET,SUITE 900 PHONE FAX KANSAS CITY MO 64112-1906 (A/C. EXn: (A/C,No): (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Indian Harbor Insurance Company 36940 INSURED CB&I ENVIRONMENTAL&INFRASTRUCTURE,INC. INSURER B: 1429034 APTIM ENVIRONMENTAL&INFRASTRUCTURE,INC. INSURER C: A SUBSIDIARY OF APTIM HOLDING CORP. INSURER D 4171 ESSEN LANE BATON ROUGE LA 70809 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 14807574 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 ADDL SUBR _. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DDIYYW) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE _ $ XXXXXXXDAMAGE TO RENTED _ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ XXXXXXX MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ XXXX00�X GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ XXXXXXX — POLICY X ECT LOC PRODUCTS-COMP/OP AGG $ XXXXXXX OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $HIRED AUTOS ONLY AUTOS ONLYY PROPERTY DAMAGE(Per XXXXXXX (Per accident) $ XXXJCXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ }00(X)( OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX A PROFESSIONAL N N CE07446423 6/30/2018 6/30/2019 $1,000,000 PER OCCURRENCE; LIABILITY $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:COLLIER CREEK MODELING CONTRACT#17-7097. CERTIFICATE HOLDER CANCELLATION 14807574 PROCUREMENT SERVICES DIVISION COLLIER COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BOARD OF COUNTY COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 3295 TAMIAMI TRAIL EAST NAPLES FL 34112 AUTHORIZED REPRESENTATIV ,,:l'' /17' /21 474 ©1988 (;15 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD