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Backup Documents 04/23/2013 Item #16C 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP C2--- �- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA ,". RISK Mi €vP,„17- Routed by Purchasing Department to the Following Addressee(s) (In routing order) Office Initials Date 1. Risk Management Risk 0//). 2. County Attorney Office County Attorney Office c iQ 5I 13I 3. BCC Office Board of County Ql. Commissioners &i lkA ,q SiI-6 4. Minutes and Records Clerk of Court's Office 1 ` i ` 51201a 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Scott Johnson, Phone Number 252-8375 Purchasing Staff May 7,2013 Contact and Date Agenda Date Item was April 23,2013 Agenda Item Number 16.C.2 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-6010 AECOM USA number if document is Number/Vendor Name to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed tk,0 - 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 N/A 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 DD signature and initials are required. 7. In most cases(some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD 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 1910 Chairman'ssignature. 16C2 MEMORANDUM Date: May 21, 2013 To: Diana DeLeon, Contract Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #13-6010, "Public Utilities Master Plan" Project Number 70031 Contractor: AECOM USA, Inc. Attached is an original copy of the contract referenced above, (#16C2) approved by the Board of County Commissioners on Tuesday, April 23, 2013. The second original will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment Anamiiii TOM AECOM 408 North Kensington Road 2 Greenville,SC 29617 (864)329-7736 Philip. imsac eoPcomcom June 23,2010 SUBJECT: Signature Authority TO WHOM IT MAY CONCERN: This is to certify that under authority granted by the Board of Directors of AECOM Technical Services, Inc. in a board resolution effective January 5,2009 and amended April 26, 2010, and which has not been rescinded, Mr.Lee Grant, a Vice President of the Southeast Region of AECOM Technical Services, Inc. has been granted authority to "execute contracts and other legal documents on behalf of the corporation or its divisions." If there is any question about this authority,you may contact me at(864)234-8937. Very truly yours, -P Phillip Kessack Assistant Corporate Secretary AECOM Technical Services,Inc. ': �. 1 6C2 CERTIFICATE OF SECRETARY AECOM Technical Services, Inc. I, Gilda Malek, do hereby certify that I am Assistant Corporate Secretary of AECOM Technical Services, Inc. (ATS), a California corporation. I hereby certify that the attached is a true and correct copy of the list of authorized signatories of AECOM Technical Services, Inc. (ATS) IN WITNESS WHEREOF,I have hereunto set my hand, as of this 11th;dayof February, 2010. Ae Aly Gilda Malek UNANIMOUS ACTION OF TORE BOARD OF DIRECTORS 16C2 AECOM USA, INC. The undersigned,being all the members of the Board of Directors of AECOM USA,INC.(the"Corporation"), a New York corporation, proceeding under Section 708 of the New York Business Corporation Law, hereby take the following action,effective January 5,2009: RESOLVED,that in addition to all Senior Vice Presidents and above as set forth in Article V of the Restated By-Laws as amended, the following persons are designated with authority by the Board of Directors, to execute contracts and other legal documents on behalf of the corporation or its divisions: Randy Altshuler Fitzrandolph C.Fernon Lucy Labruzzo Robert C.Reach Paul Anderson Rob Friedel John M.Lannon Robert Reid RayianaAnderson Mike Gatzow Frank LaPlaca Mark P.Reitz John A7.72ro Dave Gorden Cheryl Lazarro Richard A.Renzi Jack A.Baylis Frank Gorry Len Lindahl Jim Richards Joe Becker Allen Goulart James K.Lowe,Jr. Gary W.Rogers William J.Bent Mike Gasparro Robert Lowe Larry Rosenbloom Jay S.Beratan Lee Grant Mark Lucas Abbas Sarmad David Blair Kevin Grigg Charles Manning Achaibar Sawh Tony Bouchard Gene Grilli Vic Martinez Robert Scherpf Cyd Brandvein Steve Guttenplan Steven Martocello Betsy Shreve-Gibb Dominique N.Brocard Dave Gwynn Tom Marwood Jane Siegwarth Joseph Broderick Christopher L.Hagger Ian R.MacLeod Guy E. Slagle Tommy Brown David L.Hardan Daniel R.McKelvie Loren Smith Daron K.Butler Brian T.Harrington Thomas McMonagle Robert J.Smith Keith T.Campbell Glen Hartwig Thomas Meichtry Thomas A.Spearin Jay D.Canine Andrew Haubert Thomas Mertens William G.Stewart John J.Cardoni Greg Heath Dennis Miller Paul Storella Michael Chalmers Mike Hegarty Rudy Mina Michael Sweeney Steven J.Chapin Greg Heinz Dennis J.Morrison James F.Thompson Donald J.Chelton Roger L.Herald Joseph Moss,Jr. Jim Thomson Olivia Chen David O.Herer Gil Mulhere Christine Tiernan Min Chu Simon Hernandez Jerry D.Newell Sr. Louis Tortora Lou Cornell Tom Hessling Bill Newhouse Pam Townsend Regis F.Damour Craig L.Hester Michael K.Nunley Rachel Vandenberg Sal D'Angelo Glen M.Hille Steve O'Brien Jake Vittands Dan Davis Jack S.Hodge John J.O'Connor Thomas C.Vokoun Jim De la Loza Pamla Hoebener Douglas F.Olbrich Jack Ward Ashok Dhingra Ben P.Horn Ron Palmieri Robert Ward Joe DiCarlo Richard Howard Todd Papes Charles Williams Daniel Donahue David W.Huchel Bijan Pashanamaei Tom Wolfe Cecil Doyle Gary Hullfish Jon Pearson Alan K.Wong Jay Duncan Robert Jarnis James Peter David Wood Shelby G.Eckols Robert Johansen Philip V.Petrocelli William A.Woodford Scott K.Edelman Steven Johnson William P.Pfrang Chris Yamaya Barbara O.Egnor Brian L.Jordan Robert Pittman Rick Yauney R.Dan Ellison John F.Kinneen RA Plummer Jim Zaniboni John Elorriaga Steve Knodell Alan J.Potok Peter Zuk Cunety Feizoulof James Kunz Charles Pound IN WiTNFTS WHEREOF, aU.t the Directors I ve hereunto set their hands effective this 5th day of January.2009. 1 .0 # , „. ._ . _ , ,.. , ,,,.. ...., ..-. .,. .. ,... tic it. ..L vy ,400 004, i al Ckc R.Greenspan 16C2 AECOM TECHNICAL SERVICES, INC. LIST OF AUTHORIZED SIGNATORIES All AECOM employees in the United States with corporate titles of Senior Vice President or above are authorized under the bylaws of AECOM Technical Services, Inc.to execute contracts or otherwise bind the company(which includes priced or unpriced proposals for a specific project or program). In addition,the individuals listed below have been authorized by the AECOM Technical Services, Inc. Board of Directors to execute contracts or otherwise bind the company (which includes priced or unpriced proposals for a specific project or program)within the boundaries of the noted business line and regions. Authority to sign on behalf of AECOM Technical Services, Inc.and other AECOM U.S. entities is personal to the individual so authorized; AECOM does not permit individuals within its U.S. operating groups to sub-delegate their authority. Signature authority (including the submittal of project-specific proposals and the execution of contracts and contract amendments) must in all cases also conform to the then-current AECOM Delegations of Authority and Exceptions Thereto and to the Americas Geography Sub-Delegations of Authority. DISTRICT GENERAL MANAGERS/AREA MANAGERS SOUTHEAST WEST Terry Bradham Joel Farrier Carl Chambers Rudy Mina Harvey Coppage Bruce Koenig Eddie Lobdell Pam Townsend BUSINESS SERVICES NORTHEAST MULTI-REGION ENVIRONMENT Howard Cohen Ellen Barker Mack Astorga Robert Orlin Enrico Bruschi Mike Beck Dan Sawh Denise Clements Gabrielle Bonin Jack Ward Nina Desrocher William Bow David Holcomb Steve Corney SOUTHEAST Susan Keeler Scott Ellis Chris Karpathy Philip Kessack Monty Lovejoy Herold Hannah Jon Mahoney CENTRAL Bruce Maisel John Nagy Aren Fairchild Becky Olive Steve Reinfeldt Pam Hoebener John Sorce Mike Resch David Motarjeme WEST BUILDINGS+ PLACES Renae Coleman Jason Bowen David W. Huchel Mike Costello Daniel R. McKelvie Rick Yauney October 29, 2012 Rev. 2 Page 1 of 6 16C2 BUILDINGS+ PLACES NORTHEAST WEST MULTI-REGION Karen Breslawski Shafiq Alam Greg Chang William Anderson Bill Crockett Jennifer Bixby Dan Dickenson SOUTHEAST Brian Boxer Steve Duethman Kenneth A. Ballard Susan Chang Adrian Hagerty David Barth Bill Crockett Mic Johnson Gus Barrera Charlene Dekker Jon Niemuth Allen Crocker Francine Dunn Tom Olesak Ben Fink Phillip Dunn Bill Rauen Paul T. Garrison Stephen Engblom Jonathan Hopwood Teri Fenner PROGRAM. COST. W. Ronald Hunt Richard M. Hansen CONSULTING Sharon Lamantia Steve Heipel Ethan Burrows Paul Moyer James Homan Nick Butcher Mac Nichols Thomas F. Horan Michael Chappell Ashley O'Connor Ray Hrenko Chris Cole Gregg Spagnolo Fred Jones Scott Cullen Jason Uyeda Steven A. Lichtenberger Kurt Engler Brian (Scott)Waters Mark E. Lucas Martin Gordon Bradley Wellington Robert Ludden Kevin Herron Randy Wood Alastair MacGregor Simon Hough Craig J. Martin David Hudd CENTRAL Martin Nakasone Steve Kelly Aaron Adilman Henry Pittner Rick Lloyd Chris Brewer Scott Russell Alice Nguyen Dennis Meyer Marcia Tobin Peter Morris Doug Smith (Chicago) Nancy Walker David Pearson Alex Giannotti Steve Wilensky Kirk Rabius Eric Wilson Alistair Roberts Jed Zimmerman Carlos Serra Steven Zimmerman Andrew Smith Jenny Young ENERGY Larry Bochet Shawn Kelly Ken Robinson Dan Estrada Gene Martin Ralph Anthony Roner Bob Harrison Steve Martocello Peter Rooney October 29, 2012 Rev. 2 Page 2 of 6 1602 ENVIRONMENT NORTHEAST CENTRAL WEST Steve Atter Mike Adams Mike Arvidson John Albrecht Darryl Beck Jennifer Bixby Jim Coyle Ken Bergschultz Robin Cababa Mark Corey Kevin Brehm Ercan Candan Don Dwight Doug Fisher Scott Duncan Dave Espy Jay Fowles Scott Ellis Caroline Hampton Lucy Fraiser Mike Flack Robert Iwanchuk John Hyder Jena Gilman Jim Kaczor Ivan Martysz Phil Hackney Mark Kauffman Jeff Nelson Chris Hansen Chris Mitchell Heather Royston Sara Head Mike Niederreither Dave Senfelds Michael A. Jones Keith Ryan Steve Schubring Ray Kahler Dan Servetas Bill Solberg Mark Luttrell Deb Simmons Dawn Swider Chuck Luyten Carl Tammi Greg Vierkant Tara Macharg Vic Velez Rami Naddy Robert Simpson SOUTHEAST Glen Smith Jim Brickell Travis Taylor William C. Campbell Nancy Walker John Franz Tom Waller Guy Frearson Crispin Wanyoike Gary Grinstead Bobbie Hurley Patrick Lay Don Mayer Paul Newman Michelle Raab Heather Royston Suzanne Schomer Joe West Lane Willson October 29, 2012 Rev. 2 Page 3 of 6 16C2 FEDERAL GTS (all are Multi-Region) Tom Atwood Amy Harrington Bob Schreibeis Robin Bond Kurt Kaisler Bob Smoot Ladson M. Brearley, Jr. Ed Keith Lisa Stone Marge Brooks Gerald Koralishn Bill Tippin Sue Buell Joe LaVoie Steve Tsai Randy Castro Jeremy Lovelace Richard Walker Dorcas Clark Sally Macon Keith Wright Tammy Cooper Pat Malone Michael DeChiara Michele Ouansafi Michele Emery James Overly SF 330s Rick Fernandez Jim Peter Tom Atwood Judy Gallagher Patrick Price Denise Laferte Taisha Gilliam-Springer Lea Ann Scholfield Raynette Takizawa Natina Grimes MINERALS &METALS Bill Hadden PM/CM Steven E. Galloway Aldon W. Jenkins Richard A. McSeveney Get W. Moy SPG Jamie Matus Paul Roy Paul Tarvin October 29, 2012 Rev. 2 Page 4 of 6 16 C2 TRANSPORTATION NORTHEAST SOUTHEAST WEST Allan A'Hara Paul Anderson Jennifer Bixby John Azzaro Lori Baer Bill Burton Frank Baragona Winsome Bowen Susan Chang Andrew Cairns Kenneth Butler Lou Cornell Thomas Cascino Barry Fiandra Alan Eckman Mike Chalmers Bruno Fiori Mike Gasparro Thomas Cushman Chris Fronheiser Neil Harris Steve Dempsey Mike Jelen Peter Ho David Didier Bill Jenkins Craig Holland Caroline Downing Kamran Khaliliam Richard Leja Dan Faust Ashok Kumta Kathy Mayo Michael Girman Eddie Lobdell Pat Nicholson Roger Heebner Chris McGuire RA Plummer Glen Kartalis Jim Morinec Armando Ramirez Bruce Kay Chirantan Mukhopadhyay Richard Romig Jay Duncan Mark Niles Aaron Silver Frank LaPlaca Tom Kirby Clare Singleton Robert Lowe Pat Somerville Mike McCarthy CENTRAL Teuane Tominaga Kevin Pierce James Carter Chuck Tran Robert Pinghero Denise Casalino Charlie Trujillo Bob Pittman Ken Coulter Matt Ulukaya Nicholas Rubino Todd Frauhiger Nancy Walker Terry Rookard Randy Fuchs Keith Sala Andres Garcia MULTI-REGION John Seaboldt Michael Hegarty John Barna Ruby Siegel David Hansen David Brown Nicholas Spaventa Doug Schindel Julie D'Orazio Christine Tiernan Mark M. Lucas Robert Edelstein Joseph Zafonte Danny Manojlovski Jon Engelke Mike Preboske Tom Gibson Scott Cooper Tim Gunner Patrick Watz William Hjelholt Dennis Miller Bruce Moulds Rachel Vandenberg Frank Wengler Greg Yates October 29, 2012 Rev. 2 Page 5 of 6 16C2 WATER NORTHEAST SOUTHEAST WEST Robert Adams Ron Armstrong Kevin Berryhill William J. Bent Steve Biuso Jennifer Bixby David Blair Chris Fronheiser Keith T. Campbell Karl Brazauskas Lee Grant Glen M. Hille Donald Chelton Mike Jelen Ben P. Horn Charles Darnell Kamran Khalilian Tim Joyce Eugene De Stefano Troy Kincer John F. Kinneen David Didier Carl Lay Rae Loui Joseph Falbo Lennart J. Lindahl David Prasifka Donna Hager Chris McGuire Todd Shafer Herbert Higginbotham Mark Niles Gerald Shrope Dick Jubinville Peter Oram Nancy Walker Ken Klint Robert Ward Manuel Parada CENTRAL Derrick Wong James Peter Brian Adams David Wood Steve Roberts Steve Berckenhoff Eric Zagol Keith Sala Chris Chen Robert Scherpf Patrick Clifford MULTI-REGION Dennis Setzko Cuneyt Feizoulof Daniel Donahue Betsy Shreve-Gibb Todd Frauhiger Marty Dorward Tom Spearin Richard Hope Blaine Dwyer Paul Storella Ivan Martysz Scott Edelman Paul Townson Lucy Pugh Roy Fazio Steve Schubring David Herer Bart Standley Steve Johnson Mike Witwer Matt Koch David Pleau Rick Prosser Paul Townson Chris Yamaya October 29, 2012 Rev. 2 Page 6 of 6 16C2 Contract# 13-6010 =; 5 _ .a., ..� Public Utilities Master Plan PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this , day of Apr ( , 2013 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 AECOM Technical Service, Inc., authorized to do business in the State of Florida, whose business address is 4415 Metro Parkway Suite 404, Fort Myers, FL 33916, (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting/Planning services of the CONSULTANT concerning Public Utilities Master Plan (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 1602 1.1. CONSULTANT shall provide to OWNER professional Consulting/Planning services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the 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 Ronald Cavalieri, PE. a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by 2 CA 16C2 CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 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 the Local Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. 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 3 CA ;1 C 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 Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Rea1-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. 4 C� ARTICLE TWO 16 C 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order 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 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 Purchasing Policy and Administrative 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 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. 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. 5 • 1602 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. 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). 16C2 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 (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; 7 16 Ca (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 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. 8 .� 16C2 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 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 '9 16 C2 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. 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, Auto CADD 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. 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 to 16 C2 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 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 8.1. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. CONSULTANT'S obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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. 11 16C2 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 coverages 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: 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 12 �`� .� SERVICES BY CONSULTANT'S OWN STAFF 16 C 2 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 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. 13 16C2 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 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 14 16C2 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. 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 15 16c.2 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 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 16 C;At.� 16C2 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 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 17 ( ,.� 16C 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 Purchasing Department 3327 Tamiami Trail East Naples, FL. 34112 Attention: Joanne Markiewicz, Interim Purchasing/General Services Director Telephone: 239-252-8407 Fax: 239-732-0844 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: AECOM Technical Service, Inc. 4415 Metro Parkway Suite 404 Fort Myers, FL 33916 Telephone: 239-278-7996 Attn: Lee Grant, PE, Vice President Fax: 239-278-0913 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. 18 16C ? 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. 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 19 16C2 Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 13-6010 Terms and conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to 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: 201 , "A person or affiliate who has been placed on the convicte endor is • following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by 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. 21 16 C2 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. ********************Remainder of page intentionally left blank********************* 22 16C2 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Consulting/Planning Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock,"Clerk By : gz ,•-i Date: mac '�'�-� I < By: i ii Atte$tasto- a e s: Georgia A. er 'Tq., Chairwoman signature'only.... Approved as.to form and legal sufficiency: 44A.1-...40:if-ads Assistant C.I my Att:rney AECOM Technical Services, Inc. B :Aa . CD y fitness AM V ' Typed Name a d Title r Witness Item# Y.,.. ---- Agenda �� ..i Date D Recd J=0-- II 1 Illik D- ;fir!'/ 23 rA SCHEDULE A 16 C2 SCOPE OF SERVICES 13-6010 Public Utilities Master Plan TASK 1 -- PROJECT MANAGEMENT Task 1.1 - Project Management Plan CONSULTANT will prepare a Project Management Plan for the development and execution of the Public Utilities Master Plan. The Project Management Plan will include the following: • Vision, Mission, guiding principles, project goals and objectives • Work breakdown structure • Communication protocol, which includes identification of the Project Delivery Team and project stakeholders • Documents management system • Budget and project schedule • Monitoring and reporting plan • Deliverable submittal and review process plan, including definition of all project deliverables • QA/QC plan, including requirements for creating consistent deliverable documents that will meet the high quality standards necessary to make the project a success. Deliverables: CONSULTANT will prepare a draft Project Management Plan for review and comment. After addressing the COUNTY's comments, CONSULTANT will submit a final Project Management Plan. Task 1.2 - Monthly Status Reports/Review Meetings Monthly meetings with COUNTY representatives will be conducted throughout the project to keep the COUNTY informed of the project progress, and to obtain input and direction as required on outstanding project matters. A firm day and time will be established for all meetings. Meeting objectives will be to provide progress updates, and reach decisions on critical matters. The CONSULTANT will prepare and distribute agendas and minutes for each meeting incorporating agenda items and meeting minute corrections provided by the COUNTY. Agendas will be submitted to the COUNTY at least two days prior to the meeting. Draft minutes will be submitted to the COUNTY no more than three (3) working days following each meeting; COUNTY will provide comments to CONSULTANT no more than three working days after receipt of draft minutes. To the extent possible CONSULTANT will minimize travel time by using conference calls to conduct progress meetings. Project Status Reports will be completed monthly and include the following information: • Recent progress • Budget and schedule status, including earned value management analysis in accordance with Project Management Institute's (PMI's) Project Management Body of Knowledge (PMBOK) Guide Book. • Planned activities • Critical matters In-progress review meetings will be conducted to provide an overview of the project activities and request guidance and direction from the Project Delivery Team on critical matters. Meeting 24 16C2 Minutes will be prepared for each progress meeting and distributed to the Project Delivery Team and project stakeholders. In addition to the in-progress review meetings, CONSULTANT will conduct a series of six (6) facilitated workshops with the Project Delivery Team and project stakeholders for completion of the Public Utilities Master Plan. Workshop details are presented within the specific tasks outlined in the scope of services. Task 1.3 - Coordinate Project Activities For the duration of the project, CONSULTANT's Project Manager will coordinate all project activities to make sure that the project remains focused on the defined scope, schedule and budget. The project manager will serve to coordinate with the COUNTY project manager as well as the CONSULTANT's Task Leaders to coordinate activities and deliver the work products and deliverables. The estimated project duration is 7 months with a goal of delivering a Summary Report for presentation to the Board of County Commissioners in October 2013. Deliverables: CONSULTANT will provide the following deliverables under this task: • Project Management Plan • Monthly Progress Reports and Progress Meeting Notes TASK 2 — DATA COLLECTION AND REVIEW Task 2.1 - Collect and Review Data The existing information/documents listed below will be obtained and reviewed by CONSULTANT. It is assumed that the COUNTY will assist CONSULTANT in identifying the critical information that should be considered in development of the Public Utilities Master Plan. • Collier County Public Utilities Division, 2008 Wastewater Master Plan Update • Collier County Public Utilities Division, 2008 Water Master Plan Update • Collier County Public Utilities Division, 2012 Annual Update Inventory and Report (AUIR) —Wastewater System • Collier County Public Utilities Division, 2012 Annual Update Inventory and Report (AUIR) — Potable Water System • SFWMD Lower West Coast Water Supply Plan, 2012 Update • Irrigation Quality Water Master Plan • Collier County Watershed Management Plan, November 2011 • SFWMD, Feasibility Study for the Regional Irrigation Distribution System (RIDS) Sub- Region 1, December 2004 • SFWMD/USACOE Southwest Florida Feasibility Study • Existing databases, spreadsheets, and asset inventories for utility management system. • Basis of design documentation and record information for existing water and wastewater treatment facilities • Existing water use permits and operating permits for water and wastewater treatment facilities • Historical flow, groundwater monitoring, and water quality data from Collier COUNTY for fresh and brackish groundwater supplies. Obtain historical weilfield performance data. • Historical flow and operation data for existing WWTPs, and WTPs, including: o Monthly operating reports (MORs) o Daily monitoring reports (DMRs) o Consumer confidence reports o Compliance monitoring data 25 CA 16C2 • GIS Geodatabase for the Collier County Public Utilities existing water, wastewater, and irrigation quality water systems • Calibrated Hydraulic models for Collier County Public Utilities existing water distribution, wastewater conveyance, and irrigation quality water distribution systems. • Population planning documents from Collier COUNTY Growth Management Department Comprehensive Planning Section. Planning documents will include: • GIS Shapefile and geodatabase of Traffic Area Zones (TAZs) for the potable water and wastewater service areas • Excel spreadsheet on DUs and population details for 2010-2011 and 2011-2012 • GIS Shapefile and geodatabase for existing and future land use • GIS Shapefile and geodatabase on Planned Unit Development (PUD) areas and future growth areas • Excel spreadsheet with raw data for future population based on 2010 census data at block level, which rolls up to the TAZs. • Excel spreadsheet at census block level for existing 2010 population. • Excel spreadsheet with PUD data Task 2.2 - Documents Management System Under this task the CONSULTANT will establish a documents management system in accordance with the Project Management Plan, and meet with the COUNTY to identify critical information. The document management system will include a secure, internet based site such as SharePoint or ftp site to which all team members can have access to review, share, and post data and project documents. In addition to the SharePoint site, the electronic documents will also be housed on CONSULTANT's file server. Task 2.3 -Workshop #1 — Review Existing Data and Planned Activities CONSULTANT will prepare for and conduct Workshop #1. The purpose of this Workshop is to review existing data and planned activities for development of population and demand/flow projections, water supply evaluation, and existing treatment capacity assessment. Deliverables: CONSULTANT will provide the following deliverables under this task: • Workshop #1 — Presentation on existing data and planned activities TASK 3 —WATER RESOURCE EVALUATION CONSULTANT will summarize available water supply options including surface water and groundwater sources, along with reclaimed water. These resources will be summarized along with various management techniques such as aquifers storage and recovery (ASR) to find a balanced way to supply both potable water and IQ water demands. CONSULTANT will utilizes existing data provided by the COUNTY to summarize the available water supply sources. Task 3.1 - Summarize Surface Water Supply CONSULTANT will summarize the potential for development of surface water supply based on results of previous studies provided by the COUNTY. CONSULTANT anticipates that the following sources of surface water in Collier County will be considered: • Golden Gate Canal • Cocohatchee River 26 ca 16C2 • Henderson Creek • Other significant stormwater/surface water sources Task 3.2 - Summarize Fresh Groundwater Supply Fresh raw groundwater is currently supplied to the COUNTY from wellfields serving the NCRWTP and the SCRWTP. These wellfields supply fresh groundwater from Lower Tamiami aquifer. Areas of potential additional fresh groundwater withdrawals in the COUNTY will be summarized and discussed with respect to hydrogeologic considerations, existing infrastructure, access considerations, and permitting issues. The following sources of fresh groundwater will be considered: • Surficial aquifer • Lower Tamiami aquifer Task 3.3 Summarize Brackish Groundwater Supply Brackish groundwater is currently a raw water supply source for both the NCRWTP and SCRWTP. Brackish water from the Hawthorn Zone 1 and Lower Hawthorn aquifers are used at these WTPs. The following sources of brackish groundwater will be considered: • Mid Hawthorn Zone 1 aquifer • Lower Hawthorne aquifer The summary will include examination of potential brackish well and wellfield locations in the vicinity of future WTP sites, including review of well yield and aquifer salinity. Existing and planned water treatment infrastructure will be evaluated with respect to increased reverse osmosis (RO) brackish water treatment. Since deep injection wells (DIWs) are typically needed for disposal of RO concentrate, capacities of existing and planned D1Ws will be reviewed. The costs of permitting and construction of DIWs is typically a significant factor in developing additional RO treated water supply. CONSULTANT will compile background information on the quantity, quality and timing of the identified water supplies from historical consumption, production and water quality records; previous studies identifying or characterizing potential sources, etc. Task 3.4 - Summarize Reclaimed Water Supply CONSULTANT will review the existing and anticipated reclaimed water production capacity and distribution system in the Master Plan. CONSULTANT will perform an assessment of the existing reclaimed water supply to supply the irrigation quality water system and other potential uses. The assessment will include the following: • Utilize reclaimed water from WWTPs for use in the irrigation quality water system. CONSULTANT will evaluate the quantity, quality and timing of reclaimed water available from the following facilities: • South County Water Reclamation Facility (SCWRF) • North County Water Reclamation Facility (NCWRF) • CONSULTANT will summarize the potential of utilizing reclaimed water from WWTPs for other potential uses as follows: • indirect potable water supply • fresh groundwater aquifer recharge • a barrier to saline water migration 27 CA • wetland hydration 16 C 2 • potable water off-sets Task 3.5 -Water Resource Evaluation Technical Memorandum CONSULTANT will prepare a Technical Memorandum summarizing the results of the activities described above. The TM will include a description of the regulatory requirements to be addressed in pursuing each of the water resource options. CONSULTANT will prepare and submit to the COUNTY a draft Water Resource Evaluation TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 3.6 -TM Review Meeting with COUNTY and Final TM CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. CONSULTANT will address the COUNTY's comments and will submit the final Water Resource Evaluation TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Technical Memorandum —Water Resource Evaluation TASK 4— POPULATION AND DEMAND/FLOW PROJECTIONS CONSULTANT will determine existing and future population and demands/flows within the Collier County Water and Sewer District service areas over the planning horizon outlined in the RFP. Separate projections will be made for potable water and irrigation quality water demands, and wastewater flow. COUNTY will be responsible for determining population projections based on planning areas defined by the CONSULTANT. Task 4.1 - Identify Planning areas CONSULTANT will identify existing currently served areas and potential service expansion areas. CONSULTANT will develop shapefiles to delineate the water and wastewater service areas in greater detail. The shapefile for the wastewater service area will delineate each of the COUNTY's master pump station sewer sheds and future service areas. The master pump station sewer shed shapefile will be developed based on the COUNTY's wastewater system GIS geodatabase. The shapefile for the water service area will subdivide the service area to facilitate allocation of future water demands and will likely follow the COUNTY's existing population planning areas (TAZs). Task 4.2 - Population Forecasts The COUNTY's Comprehensive Planning Section (CPS) will provide the population projections for the planning areas and over the planning horizon defined by CONSULTANT. CONSULTANT will coordinate with the CPS to assist COUNTY in defining the requirements for the population projections. 28 CA Task 4.3 - Develop Demand/Flow Projections 16C2 CONSULTANT will develop potable water demands and wastewater flows for the COUNTY Water and Sewer District service areas. The COUNTY's potable water demands will be based upon the projected population for the WTP service areas and estimated per capita consumption rates and peaking factors. The potable water demands will be determined as follows: • Review current water demand/consumption data. Current water demands will be geographically linked to customer data. • Review current WTP production data • Estimate non-revenue producing water • Estimate per capita water demand • Develop peaking factors for the following: o Annual Average Day Demand (AADD) o Maximum Month Day Demand (MMDD) o Maximum Day Demand (MDD) o Peak Hour Demand (PHD) • Develop typical diurnal demand curve for dry season and wet season • Develop potable water demand projections over the planning horizon outlined in the RFP. Potable water demand projections and increases in projected demand will be geographically linked to where growth is expected to occur. The projected wastewater flows will be based on the projected population of the WWTP service areas and estimated per capita wastewater flow and peaking factors. The wastewater flows will be determined as follows: • Review current influent wastewater flow data for the WRFs • Review current wastewater conveyance data • Estimate per capita wastewater flow rates • Develop peaking factors for the following o Annual Average Daily Flow (AADF) o Maximum Month Daily Flow (MMDF) o Maximum 3-day Flow (M3DF) o Peak Hourly Flow (PHF) • Develop wastewater flow projections over the planning horizon outlined in the RFP. Wastewater flow projections will be geographically linked to the wastewater collection sewer sheds and assigned to the corresponding wastewater lift station. Irrigation Quality Water Demands will be determined as follows: • Review current IQ customer demand data • Identify potential large IQ customers and demands within Collier COUNTY Water and Sewer District service area • Develop IQ water demand projections over the planning horizon outlined in the RFP. The demand projections will be linked to GIS • COUNTY will provide existing database for potential IQ customers and estimated demands. Evaluate potential benefits of dual potable water/ IQ water distribution systems in new residential areas. Evaluate to what extent the COUNTY should provide IQ water to customers that are already/or will be self-served. Identify areas where irrigation water is provided from the potable water distribution system and determine benefit of supplying irrigation quality water. Task 4.4 - Draft Population and Demand/Flow Projections Technical Memorandum 29 CAC 16 C2 CONSULTANT will prepare and submit to the COUNTY a draft Po ulation and Demand/Flow Projections TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 4.5 - Final Population and Demand/Flow Projections Technical Memorandum CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final Population and Demand/Flow Projections TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Technical Memorandum — Population and Demand/Flow Projections (including CD with GIS Shapefiles for Planning Areas) TASK 5 — EXISTING TREATMENT CAPACITY EVALUATION AND GAP ANALYSIS CONSULTANT will complete an assessment of Collier COUNTY's existing water resource facilities, including the WTPs, WWTPs and wellfields to determine current sustainable potable water supply and wastewater treatment capacity based on results of previous studies provided by the COUNTY. Task 5.1 - Evaluate Capacity of Existing Water Treatment Plants and Wellfields The COUNTY's existing potable water supply system is comprised of raw groundwater supply wells, raw water transmission mains, two WTPs, transmission and distribution pipelines, and remote water storage and pumping facilities. CONSULTANT will prepare a complete summary of the COUNTY's existing infrastructure for potable and irrigation quality water supply and treatment. Task 5.2 - Evaluate Capacity of Existing Water Reclamation Facilities The COUNTY's existing wastewater system consists of wastewater collection and conveyance, and two WWTPs. The COUNTY also has an existing irrigation quality water system, which currently relies on treated effluent from the WWTPs for water supply supplemented by water from the Livingston Road Wellfield on Livingston Road north of Immokalee Road (formerly known as the Pelican Bay Wellfield). CONSULTANT will prepare a complete summary of the COUNTY's existing infrastructure for wastewater conveyance and treatment. Task 5.3 - Perform Gap Analysis CONSULTANT will identify the gap between the capacity of the COUNTY's existing water resource facilities, and the projected demands and flows identified in Task 4. The existing treatment capacity summary will be based upon existing information and documents and reflect the most recent Annual Update Inventory Report (AUIR) for the potable water and wastewater systems. CONSULTANT assumes that the existing and ultimate capacity for each of the major processes at the COUNTY's treatment facilities and any limitations or bottlenecks is already documented in existing reports. In addition, the impact of potential regulations on the existing facilities will be addressed. 30 Task 5.4 T ec hnical 16 C2 Draft Existing Treatment Capacity and Gap Analysis Memorandum CONSULTANT will prepare and submit to the COUNTY a draft Existing Treatment Capacity and Gap Analysis TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 5.5 - Final Existing Treatment Capacity and Gap Analysis Technical Memorandum CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final Existing Treatment Capacity and Gap Analysis TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Technical Memorandum — Existing Facility Evaluation and Gap Analysis TASK 6 — HYDRAULIC MODELING Task 6.1 - Potable Water System Hydraulic Model CONSULTANT will utilize the existing calibrated hydraulic model of the potable water distribution system provided by the COUNTY to determine recommended pumping and pipeline improvements. We understand that the existing potable water system model utilizes Bentley WaterGEMS software and that the model will be of sufficient detail to allow for completion of the master planning efforts described below. In addition the GIS geodatabase for the potable water system would be provided. CONSULTANT will utilize the results of the population and demand projections under Task 4 to update the potable water system demands for the planning horizon outlined in the RFP. A separate model will be developed for the 2019, 2024, and buildout demand conditions. The model will initially be used to simulate the system without recommended improvements to identify deficiencies. Alternative improvements will be developed under Task 8. Task 6.2 -Wastewater System Hydraulic Model CONSULTANT will utilize the existing calibrated hydraulic model of the wastewater system primary force main network. The primary force main network consists of the interconnected wastewater pumping stations and force mains that are directly connected to the COUNTY's WRFs. Gravity sewers and wastewater pump stations upstream of gravity sewers are not included. The CONSULTANT already has all of the information that is needed to run the model. The model is built using Bentley SewerGEMS software. CONSULTANT will utilize the results of the population and flow projections under Task 4 to update the wastewater system flows for the planning horizon outlined in the RFP. A separate model will be developed for the 2019, 2024, and buildout flow conditions. Wastewater flows will be allocated based on the flow projections for each of the sewer sheds 31 16 C2 tributary to the wastewater pumping stations. CONSULTANT will also compare wastewater flow projections to pump station design capacity, and operation data. The model will initially be used to simulate the system without recommended improvements to identify deficiencies. Alternative improvements will be developed under Task 8. Task 6.3 - Irrigation Quality Water System Model CONSULTANT will utilize the existing calibrated hydraulic model of the irrigation quality water distribution system provided by the COUNTY to determine recommended pumping and pipeline improvements. We understand that the existing irrigation quality water system model utilizes Bentley WaterGEMS software and that the model will be of sufficient detail to allow for completion of the master planning effort described below. In addition, the GIS geodatabase for the irrigation quality water system would be provided. CONSULTANT will utilize the results of the population and demand projections under Task 4 to update the irrigation quality water system demands for the planning horizon outlined in the RFP. A separate model will be developed for the 2019, 2024, and buildout demand conditions. The model will initially be used to simulate the system without recommended improvements to identify deficiencies. Alternative improvements will be developed under Task 8. Task 6.4 - QA/QC for Models CONSULTANT will perform QA/QC on all the hydraulic models. Deliverables: CONSULTANT will provide the following deliverables under this task: • Hydraulic Model Input Files TASK 7 —WATER QUALTY AND TREATMENT Task 7.1 - Establish Water Quality Goals Potable Water: CONSULTANT will develop potable water goals that achieve regulatory compliance while ensuring the treated water is also stable during storage and distribution, compatible with the distribution system materials of construction, free from known or perceived health risks, and aesthetically pleasing to the customers served. CONSULTANT will work with the COUNTY to prepare a comprehensive listing of multiple contaminants for each source to make sure these goals are met by identifying and reviewing the appropriate treatment methods. Irrigation Quality Water: CONSULTANT will develop irrigation quality water goals that provide water quality that is safe for human exposure and suitable for long term irrigation use that does not harm vegetation, site function, and soil percolation/infiltration capabilities in the areas used. CONSULTANT will develop irrigation water quality goals that work towards achieve unrestricted use and those that may allow more saline sources to be used. Task 7.2 - Provide Regulatory Compliance Update CONSULTANT will obtain and review historical operations and compliance data provided by the COUNTY. We will complete an evaluation of future compliance issues and provide recommendations to comply with the U.S. Environmental Protection Agency's (EPA's) Safe Drinking Water Act (SDWA , the clean water Act (CWA), and Florida Department of Environmental Protection (FDEP ) rules and regulations on drinking water, wastewater and reclaim water. The evaluation will include the following specific regulatory issues: 32 CA 16C2 • Future unregulated contaminants to be proposed under the SDWA • The FDEP-EPA agreements to be made on the Numeric Nutrient Compliance strategy for surface water discharges into both coastal and river environment • The new regulatory requirements for reclaim water and the credits to be obtained by working with the SFWMD on water withdrawals, WUPs, water use permits. From this review, CONSULTANT will work with the COUNTY to review and recommend water quality and treatment goals for both water treatment and wastewater treatment. These goals will be used to evaluate alternative treatment processes. We will present and explain recommended water treatment goals to COUNTY staff for review and concurrence in a regularly occurring workshop as part of the overall project work plan. Task 7.3 - Develop Treatment Options CONSULTANT will develop a treatment options matrix to achieve the recommended level of water quality for each potential water resource and end-use. Alternative Potable Water S upplies: CONSULTANT will seek to identify the best value raw water supply for COUNTY, while staying in compliance with all local, state and federal regulations and having no negative impact on the environment. ASR Treatment Considerations: CONSULTANT will review results of previous studies provided by the COUNTY to summarize ASR treatment options for injection and storage into different groundwater classifications. Task 7.4 - Draft Water Quality and Treatment Technical Memorandum CONSULTANT will prepare and submit to the COUNTY a draft Water Quality and Treatment TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 7.5 - Final Water Quality and Treatment Technical Memorandum CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final Water Quality and Treatment TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Technical Memorandum —Water Quality and Treatment TASK 8 - DEVELOP LOSS AND ALTERNATIVE IMPROVEMENTS CONSULTANT will develop the Level of Service Standards (LOSS) to be used for development of capital improvements. Based on the established LOSS, as well as water quality goals and treatment requirements and available water resources, CONSULTANT will develop alternative water resource configurations to satisfy projected demands over the planning horizon outlined in the RFP. Under this task CONSULTANT will also develop a program to improve electrical energy efficiency. 33 C.A 16C2 CONSULTANT will conduct three (3) facilitated workshops with the COUNTY under this Task. This includes preparation of supporting materials and handouts. The first workshop will be to present the results of previous Tasks and gap analysis, identify LOSS for development of alternatives, and identify potential alternative water resource configurations. The second workshop will be to present the recommended alternative water resource configurations for detailed evaluation. The third workshop will be to review the alternative water resource configuration modeling results and alternative capital improvements and select the recommended configuration for further evaluation and prioritization under Task 9. It is assumed that workshops will be combined with in-progress review meetings as appropriate. Task 8.1 - Develop Level of Service Standards (LOSS) CONSULTANT's approach to this task will be to establish the LOSS from: • Corporate perspective; • Customer perspective; and • Technical perspective This task will form the foundation for the decision making on a go forward basis with development of the Public Utilities Master Plan. In addition to the specific elements of LOSS and policy, principles and practices, we anticipate reviewing and establishing LOSS in the areas of: • Reliability • Compliance (including characterization of Levels of Compliance (Levels 1, 2 and 3) as defined in the RFP) • Environmental stewardship • Customer service • Cost for service • System performance • Development requirements To formally document the COUNTY's LOSS, CONSULTANT will complete the following activities: Baseline Assessment: CONSULTANT will first obtain an understanding of the COUNTY's goals for its infrastructure, and define the levels of service that it wishes to achieve for each goal. Information and documents from the COUNTY will be gathered; particularly those that outline any policies, procedures, and practices that may affect the COUNTY's current levels of service. The targets of the levels of service will be then be determined and documented. We will assess the level of attainment, and highlight the ones which deviate from the target levels. Survey of Other Utilities: Concurrently, CONSULTANT will also compare the COUNTY's policies, procedures, and practices with other municipalities, and relevant industry best practices. COUNTY will be responsible for performing survey of other utilities in local area and provide results to CONSULTANT. CONSULTANT will also leverage its knowledge, resources, and contacts obtained through a National Water and Wastewater Benchmarking Initiative (NWWBI) project (http://www. nationalbenchmarking.ca), which won an award from the American Public Works Association (APWA) for management innovation. Gap Analysis: Once the baseline assessment and comparisons have been completed, the service level gaps will be identified. This gap analysis will evaluate how the gaps can be progressively closed, taking into account the comparisons with other municipalities and industry best practices. A key component of this gap analysis is a meeting with key COUNTY staff and stakeholders, in order to have an open discussion on some of the key levels of service gaps. 34 0 CONSULTANT will conduct a risk analysis of the COUNTY's current .0 2 Risk Analysis: Y practices, and levels of service. Risk mitigation recommendations will be developed, in order to mitigate the risks with respect to areas including: • Source Water Protection and other Environmental Impacts; • Violation of Consent Orders; • SSO's, backups and off-site odor emissions; • Low/high water system pressure and insufficient fire flow; • Damage to persons and property; and • Health and Safety of workers and contractors. Task 8.2 - Draft LOSS Technical Memorandum CONSULTANT will prepare and submit to the COUNTY a draft LOSS TM for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TM prior to submission to the COUNTY. Task 8.3 - Final LOSS Technical Memorandum CONSULTANT will meet with the COUNTY to review the COUNTY's comments on the draft TM. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final LOSS TM. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Task 8.4 -Workshop #2 - Presentation on Results of Previous Tasks and LOSS In this workshop, CONSULTANT will present the results of population and demand/flow projections, water supply evaluation, and existing treatment capacity assessment. In addition, the workshop will identify LOSS for development of alternatives and identify potential alternative water resource configurations to satisfy future demands/flows. This includes identifying the performance measures and evaluation criteria for modeling the alternative scenarios. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the Workshop. In addition, CONSULTANT will seek to combine the Workshop with a regular progress meeting. Task 8.5 -Workshop #3 - Presentation of Recommended Alternative for Water Resource Configurations In this workshop, CONSULTANT will present the recommended alternative water resource configurations for detailed evaluation. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the Workshop. In addition, CONSULTANT will seek to combine the Workshop with a regular progress meeting. Task 8.6 - Develop Alternative Improvements Once the LOSSs have been established, CONSULTANT will begin the development of alternatives. CONSULTANT will develop alternative water resource configurations to satisfy projected demands/flows over the entire planning horizon. The primary analysis tool for the development and integration of alternatives will be hydraulic modeling of the COUNTY's potable water and irrigation quality water transmission and distribution systems, and the wastewater primary force main network. 35 C4) T will utilize an updated hydraulic model of tht 6 C 2 Potable Water System: CONSULTANT p y COUNTY's potable water distribution system to analyze the impact of new demands on the system, integrate new potable water supply sources, and identify recommended improvements. The hydraulic model will be updated to reflect increased demands over the entire planning horizon. Separate models will be developed for the 2019, 2024, and buildout demand conditions. The buildout demand condition will be modeled first to determine recommended improvements for the ultimate condition. The 2019, and 2024 conditions will then be modeled so that the short and intermediate term improvements are consistent with the ultimate condition. Hydraulic analysis of the potable water distribution system will be used to identify system deficiencies and recommend improvements to achieve the LOSS. Irrigation Quality Water System: CONSULTANT will use the COUNTY's existing irrigation quality water system hydraulic model to assess the impact of increased demands and integrate new irrigation quality water sources, and identify needed improvements to integrate these sources into the existing irrigation quality water system. Again, separate models will be developed for the 2019, 2024, and buildout demand conditions. The buildout demand condition will be modeled first to determine recommended improvements for the ultimate condition. The 2019, and 2024 conditions will then be modeled,so that the short and intermediate term improvements are consistent with the ultimate condition. Hydraulic analysis of the irrigation quality water distribution system will be used to identify system deficiencies and recommend improvements. Wastewater System Improvements: CONSULTANT will utilize an updated hydraulic model of the COUNTY's wastewater system primary force main network to analyze the impact of increased flows on the system, integrate new water reclamation facilities, and identify recommended improvements. The hydraulic model will be updated to reflect increased flows over the entire planning horizon. Again, separate models will be developed for the 2019, 2024 • and buildout flow conditions. The buildout flow condition will be modeled first to determine recommended improvements for the ultimate condition. The 2019, and 2024 conditions will then be modeled so that the short and intermediate term improvements are consistent with the ultimate condition. Hydraulic analysis of the wastewater system primary force main network will be used to identify system deficiencies and recommend improvements to achieve LOSS. Task 8.7 - Prepare Cost Estimates CONSULTANT will prepare life-cycle cost estimates for alternative water resource configurations developed under this task. Construction cost estimates will be completed in accordance with the Association for Advancement of Cost Engineering Recommended Practice. Within the context of the Public Utilities Master Plan, CONSULTANT will prepare Class 4 construction cost estimates for the alternative water resource configurations. Comparison of alternative water resource configurations will consider the life- cycle cost, which includes the capital cost plus the present worth of operation and maintenance expenses, and land acquisition cost. Task 8.8 -Workshop #4 - Alternative Water Resource Presentation In this workshop, CONSULTANT will review the alternative water resource modeling results and capital improvements, and select the recommended water resource configuration. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the Workshop. In addition, CONSULTANT will seek to combine the Workshop with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: 36 fin • Technical Memorandum — Level of Service Standard (LOSS) 16C2 • Workshop #2 — Presentation on Results of Previous Tasks and LOSS • Workshop #3 — Presentation on Alternative Water Resource Configurations to be evaluated • Workshop #4 — Presentation on Alternative Water Resource Configuration modeling results and recommended water resource configuration TASK 9 — PRIORITIZATION OF PROJECTS AND LEVEL OF COMPLIANCE CONSULTANT will develop and prioritize projects to maintain levels of service (or address deficient service levels) to customers. Task 9.1 - Develop Asset Prioritization System Once the desired levels of service and governing policies and practices are established, CONSULTANT will then investigate and document how asset improvement (rehabilitation and replacement) decisions are made. We also will determine how available information and databases can be leveraged to support these decisions. CONSULTANT will develop a configurable database application known as CAPs (Capital Asset Prioritization Simulator) that integrates with the utility's existing systems (GIS, hydraulic models, maintenance management systems, etc) and mimics the specific decision-making process and level of service expectations of the user within its algorithm. To configure CAPS, CONSULTANT will host a workshop (Workshop #5) with key COUNTY staff. Separate workshops for Water, Wastewater and Irrigation systems will be conducted as appropriate and include system managers, operators, and data managers (such as GIS technicians, etc). The established decision-making algorithm will be documented in a Technical Memorandum. CONSULTANT will then develop the decision-making environment within Microsoft Access (latest version) and provide the application as open- source (no licensing or maintenance fee) to the COUNTY for ongoing use. Prioritized lists linked to GIS for incorporation into the CIP will be developed and reviewed. A follow-up presentation with the COUNTY will be arranged to review CAPs results and make any minor adjustments to the decision-making algorithm as required. Task 9.2 - Integrate Asset Prioritization into CIP CONSULTANT will incorporate the results of the above activities with the results of the recommended water resource configuration and capital improvements for the overall Public Utilities Master Plan and Capital Improvement Plan. Task 9.3 - Integrate with Asset Management System and SCADA CONSULTANT will coordinate with the COUNTY's asset management consultant to ensure the decision making and prioritization work done in conjunction with development of the Public Utilities Master Plan follows standards established for the Asset Management Program. Task 9.4 - Presentation of CIP (Workshop #6) CONSULTANT will prepare and conduct the CIP Presentation Workshop. This workshop will present the recommended CIP, prioritization of projects and level of compliance ranking. To the extent possible CONSULTANT will minimize travel time by using a conference call for 37 tin In addition, CONSULT participation by non-local team members in the TM review meeting. , will seek to combine the TM review with a regular progress meeting. Deliverables: CONSULTANT will provide the following deliverables under this task: • Workshop #5 to develop Capital Asset Prioritization System (CAPS) algorithm for each of the potable water, wastewater, and IQ water systems. • Technical Memorandum to document the established CAPS algorithm • CAPs database application in latest version of MS Access • Workshop #6 — Presentation of CIP TASK 10 — PUBLIC UTILITIES MASTER PLAN AND CAPITAL IMPROVEMENTS PLAN CONSULTANT will prepare a final Public Utilities Master Plan Report, which will be a compilation of the previous studies and technical memoranda, and provide a detailed summary of recommended improvements. The Public Utilities Master Plan Report will include the following: • Executive Summary • Summary of all completed studies and reports. The technical memoranda completed under previous Tasks will become appendices to the Public Utilities Master Plan Report • Detailed summary of recommended water resource configuration and infrastructure improvements over the planning horizon outlined in the RFP • Capital Improvement Plan. A five year (FY 2014 to FY 2019), 10-year (FY 2014 to FY 2024), and Buildout CIP will be provided. Task 10.1 - Draft Public Utilities Master Plan CONSULTANT will prepare and submit to the COUNTY a draft Public Utilities Master Plan Report for review and comment. CONSULTANT will conduct internal QA/QC review on the draft Report prior to submission to the COUNTY. Task 10.2 - Final Public Utilities Master Plan CONSULTANT will meet with the COUNTY to review the COUNTY's comments. After addressing the COUNTY's comments, CONSULTANT will submit to the COUNTY a final Public Utilities Master Plan Report. CONSULTANT will submit the Public Utilities Master Plan in electronic pdf form as well as two (2) printed copies. To the extent possible CONSULTANT will minimize travel time by using a conference call for participation by non-local team members in the TM review meeting. In addition, CONSULTANT will seek to combine the TM review with a regular progress meeting. Task 10.3 - Meetings/Presentations of Master Plan CONSULTANT will participate in up to two (2) meetings/ presentations with Collier COUNTY staff, project stakeholders and Board of COUNTY Commissioners for adoption of the Public Utilities Master Plan. This includes preparation of supporting materials and handouts/presentations and responding to questions. Deliverables: CONSULTANT will provide the following deliverables under this task: 38 • Public Utilities Master Plan Summary Report ort 16 C 2 • Presentation on Master Plan to BOCC 39 16 C 2 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 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. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Nathan Beals, Project Manager, Collier County Public Utilities, 3339 Tamiami Trail East; Suite 303, Naples, FL 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. ITEM LUMP SUM FEE FOR: FEE: PAYMENT SCHEDULE 1. Project Management $65,120.00 Monthly Upon Percent Complete of Task 2. Data Collection and Review $20,252.00 Monthly Upon Percent Complete of Task 3. Water Resources Evaluation $59,768.00 Monthly Upon Percent Complete of Task 4. Population and Demand/Flow $80,708.00 Monthly Upon Percent Projections Complete of Task 5. Existing Treatment Capacity $59,880.00 Monthly Upon Percent Evaluation and Gap Analysis Complete of Task 6. Hydraulic Modeling $56,052.00 Monthly Upon Percent Complete of Task 7. Water Quality and Treatment $52,836.00 Monthly Upon Percent Complete of Task 8. Develop Loss and Alternative $141,416.00 Monthly Upon Percent Improvements Complete of Task 9. Prioritization of Projects and Level of $49,240.00 Monthly Upon Percent Compliance Complete of Task 10. Public Utilities Master Plan & CIP $64,688.00 Monthly Upon Percent Complete of Task TOTAL FEE (Total Items 1-10) $649.960.00 TPA#1983371.1 16 C 2 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Six Hundred Forty-nine Thousand Nine Hundred Sixty Dollars ($649,960.00) to be paid to. CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. 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.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by 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 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 "Iaches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. TPA#1983371.1 16C2 B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 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: 8.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.4.1.2.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.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. TPA#1983371.1 16C2 Attachment 1 to Schedule B Contract#13-6010 Public Utilities Master Plan Standard Hourly Rate Schedule AECOM Technical Setvlces,Inc. Primers.Planners and;l entlsts IE/P151 Job Title Baling Rate 19 E/P/S I $90.00 Project E/P/S RI $150.00 E/P/S II $95.00 Project Manager I $165.00 E/P/S ill _ $110.80 Project Munger II $185m E/P/S IV $122.00 Project Manager IN $210.00 E/P/S V $125.00 Pdndpel I $220.00 Project E/P/S I $127.00 Prindpal R $265.00 Project E/P/S II $135.00 • Job This Billing Ruts BUi Designer I $92.00 [Milner IV $125.00 Designer II $105.00 Designer Supervisor $152.00 Designer III $122.00 CACO Le wm Job Title Biting Rasa - Job T 1g Illinckta CADO TechnIdan $87.00 CADD Operator IV $125.00 Job Title Ming Rate ante Administrative Assistant I $53.00 • Administrative Assistant II $65.00 , Administrative Assistant III $92.00 IMSLISBIO111.1211 Jab Mk Bill Rate i.,_, GIS TecMittsn $70-CO $90.00 GIS • enlist I .00 $120.00 GIS Spedallst II Sa5.00 Carratrucdon Insectiorn, Job Title Blinn Rate 112=111=1111111.1 •0.00 1.00 Resident En• er II $105.00 Ins• •• II .00 Resident• ,,neer IN $120.00 $97.00 bialniOLVIEM _ Job Title Biting Rata Job ME ifillothifit Survey Technician I $55.00 Two Man Crew $130.00 Party Chief II $80.00 Three Man Crew $150.04 Surveyor I $110.00 GPS Crew $180.00 This list Is not Intended to be all-inclusive.Hourly rate fees for other categories of professional,support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. 5 16 C2 SCHEDULE C PROJECT MILESTONE SCHEDULE Services described herein will commence upon issuance of a Notice-to-Proceed and executed Agreement from the COUNTY. The estimated delivery dates for the deliverables indicated in the Scope of Work are as follows: Task Number of Days to Completion Project Management Plan 14 Days Task 1 —Project Management(duration of overall project) 216 Days Task 2—Data Collection and Review 14 Days Workshop 1—Data Collection and Review 14 Days Task 3 —Water Resource Evaluation 45 Days Task 4—Population and Demand/Flow Projections 45 Days Task 5-Existing Treatment Capacity Evaluation and Gap Analysis 80 Days Task 6—Hydraulic Modeling 80 Days Task 7—Water Quality and Treatment 80 Days Task 8—Develop LOSS and Alternative Improvements 139 Days Workshop 2—Population and Demand/Flow Projections;Existing 83 Days Treatment Capacity and Gap Analysis Workshop 3—Presentation of Recommended Alternative Water Resource 105 Days Configurations Workshop 4—Review of Alternative Water Resource Modeling Results 140 Days Task 9—Prioritization of Projects and Level of Compliance 168 Days Workshop 5—Develop Capital Asset Prioritization System 149 Days Workshop 6—Presentation of CIP 168 Days Task 10—Public Utilities Master Plan and CIP 205 Days Presentation of BOCC 217 Days • 44 SCHEDULE D 16 C 2 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 the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT 45 16C2 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. (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) 46 16C2 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) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 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. Applicable X Not Applicable 47 16 C2 (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 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: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X_General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 48 16_ C 2 (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. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) 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 (7) 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 Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X_Yes No 49 16C2 (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: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 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: $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate X $2,000,000 each claim and in the aggregate 50 claim and in the aggregate$5,000,000 each cla gg ate 1 g (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 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 51 16C2 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 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 52 16 C2 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, AECOM Technical Services, 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 13-6010 Public Utilities Master Plan are accurate, complete and current as of the time of contracting. AECOM Technical Services, Inc. A1 1 TITLE: V ( E PAS f DE-kS1. DATE: 5/3113 E-1 16C2 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Category % of time Ronald Cavalieri Principal 1 10 Dan Augusti Project Manager 2 1 Jaime Tyson GIS Specialist 3 2 Rasesh Shah Project Engineer 2 5 Cherie Wolter Admin. Assistant 2 9 Mark Abbott Principal 2 0.50 Richard Hope Principal 2 0.25 Tim Brodeur Principal 2 0.25 David Ammerman Principal 2 0.25 Nick Cooper Principal 2 0.25 Don Bramlett Project Manager 2 0.50 Michael Bennett Principal 1 0.50 Reshma Thummadi Engineer IV 25 Devan Thomas Principal 1 1 Maricela Fuentes Project Engineer 2 2 Guillermo Regalado Project Manager 2 1.0 Nancy Gonce Project Manger 2 1.0 Dawn Jakiela Project Manger 1 10 Hans Murzi Project Engineer 2 2 Will Lovins Project Engineer 2 5 Tiffany Shaw Project Engineer 2 2 James Jorgensen Project Manager 1 2 Kathy O'Sullivan GIS Specialist 3 6.5 Steve Benson Engineer 3 8 Natalie Urick Engineer 4 5 100% F-1 ..---"''.."" ,acoRO► CERTIFICATE OF LIABILITY INSURANCE 16 GD1YYYY) 0 013 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 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 CONTACT PH Marsh Risk&Insurance Services FAX PHONE: CA License 40437153 (A/C,No,Ext): (A/C,No): 777 South Figueroa Street E-MAIL ADDRESS: Los Angeles,CA 90017 Attn:Lori Bryson(213)-346-5464 INSURER(S)AFFORDING COVERAGE NAIC# 06510-BOYLE-CAS-13-14 Newpor PL Jennif INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B: AECOM USA,Inc. AECOM Technical Services,Inc. INSURER C; Illinois Union Insurance Co 27960 1501 Quail Street INSURER D: N/A N/A Newport Beach,CA 92660 INSURER E: _INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-001554983-01 REVISION NUMBER: 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 LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A GENERAL LIABILITY X GLO 5965891 05 04/01/2013 04/01/2014 EACH OCCURRENCE $ 2,000,000 X DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: ' PRODUCTS-COMP/OP AGG $ 4,000,000 X POLICY PEC°T LOC $ A AUTOMOBILE LIABILITY X BAP 5965893 05 04/01/2013 04/01/2014 COMBINED SINGLE LIMIT 3,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C ARCHITECTS&ENG. EON G21654693 04/01/2013 10/08/2014 I Per Claim/Aggregate $2,000,000 PROFESSIONAL LIAB. "'CLAIMS MADE"' Defense Included DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re:Contract 13-6010 Public Utilities Master Plan. Collier County Florida is additional insured as respects to General and Auto Liability. Primary coverage,Cross Liability coverage applies to GL.Waiver of Subrogation applies to GL. CERTIFICATE HOLDER CANCELLATION Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Att: Lyn M.Wood THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3301 East Tamiami Trail ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112-0000 AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services David Denihan ,4110:f,4Q�t/sillrawM I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16C2 E(MM/D ACORD D/YYYY) ® CERTIFICATE OF LIABILITY INSURANCE4/1/2014 5 DATE(MM/D3 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 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). CONTACT PRODUCER Lockton Insurance Brokers,LLC NAME: 19800 MacArthur Blvd.,Suite 1250 PHONE IFAX (A/C.No.Ext): (A/C,No): CA License#0F15767 E-MAIL ADDRESS: Irvine 92612 INSURER(S)AFFORDING COVERAGE NAIL# 949-252-4400 INSURER A:Travelers Property Casualty Co of America 25674 INSURED AECOM Technology Corporation INSURER B: 1075642 AECOM Technical Services,Inc. INSURER C: 4415 Metro Parkway,Suite 404 INSURER D: Fort Myers FL 33916 INSURER E: INSURER F: COVERAGES AECTE01 CERTIFICATE NUMBER: 12343742 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 LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XX,XXXXX DAMAGE TO RENTED XXXXXXX C MMERCIAL GENERA (ABILITY PREMISES(Ea occurrence) $ ICLAIMS-MADE I OCCUR MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: 'PRODUCTS-COMP/OP AGG $ XXXXXXX POLICY PRO- JECT LOC COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY NOT APPLICABLE (Ea accident) $ XXXXXXX BODILY INJURY(Per person) $ XXXXXXX ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS AUTOSON-O PROPERTY DAMAGE $ XXXXXXX NON-OWNED ED (Pnr accident) HIRED AUTOS AUTOS $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX $ XXXXXXX DED RETENTION$ WC STATU- OTH- WOREMPL EMPLOYERS' N TRJUB-42458231-13 4/1/2013 4/1/2014 X !TORY LIMITS( I ER A AND EMPLOYERS'LIABILITY Y/N (MA l) A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N N/A TC2JUB-4245B22A-13 4/1/2013 4/1/2014 A (Mandatory In NH) (All Other States) 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 I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER.APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. Notice of Cancellation applies per attached endorsement.RE:Contract 13-6010;Public Utilities Master Plan. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12343742 AUTHORIZED REPRESENTATIVE Collier County Purchasing Department 3301 Tamiami Trail East Naples FL 34112 . / ------ ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 01988- 0 ORD CORPORATION.All rights reserved 16C2 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 11 (A) POLICY NUMBER:TRJUB-4245B231-13 TC2JUB-4245B22A-13 NOTICE OF CANCELLATION Except for non-payment of premium by you, we agree that no cancellation or limitation of this policy shall become effective until the number of days written notice specified in item 2 of the Schedule has been mailed to you and to the person or organization designated in item 1 of the Schedule at the address indicated. SCHEDULE 1. Name:Any person or organization to whom you have agreed in a written contract that notice of cancellation or material limitations of this policy will be given but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notice from us of the cancellation or material limitation of this policy;and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this Schedule. Address: The address for that person or organization included in such written request from you to us 2. Number of Days Written Notice: 30 Additional Days Collier County Purchasing Department 3301 Tamiami Trail East Naples, FL 34112 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 4/1/2013 Policy No.TRJUB-4245B231-13 Endorsement No. TC2JUB-4245B22A-13 Insured AECOM Technology Corporation AECOM Technical Premium $ Services, Inc. Insurance Company Travelers Property Casualty Co of America Page 1 of 1 Attachment Code:13461827 Master ID:1075642,Certificate ID:12343742