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#18-7277 (Stantec Consulting)
PROFESSIONAL SERVICES AGREEMENT Contract# 18-7277 for Public Utilities Department Complex Design ■ CCNA 1 1 NON-CCNA THIS AGREEMENT is made and entered into this j day of Ju`(13Z._. 20 V4 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Stantec Consulting Services, Inc. , authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay Blvd., Suite 300, Naples, FL 34108 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Public Utilities Department Complex Design (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other Page 1 of 32 PSA Single Project Agreement 2017 010 Ver 1 governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Tim Hancock, AICP a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA Single Project Agreement 2017 010 Ver.1 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the Page 3 of 32 PSA Single Project Agreement 2017.010 Ver.1 CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way- ROW, centerlines - CL, edge-of-pavement- EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. the COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 32 PSA Single Project Agreement 2017.010 Ver.1 S 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.4. Providing renderings or models for the COUNTY's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: Page 5 of 32 PSA Single Project Agreement 2017.010 Ver.1 a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time Page 6 of 32 PSA Single Project Agreement 2017.010 Ver.1 to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. n .- .e - - e . Page 7 of 32 PSA Single Project Agreement 2017.010 Ver.I • • -ate •- • - • • •• - • • • • •_e -_ ••.. _ _ _ _e_. _ e ■.C e . • e agancy, ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce Page 8 of 32 PSA Single Project Agreement 2017.010 Ver.1 tf'4F` any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 8.1.1. 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, the COUNTY 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. The 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 COUNTY 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. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. Page 9 of 32 PSA Single Project Agreement 2017 010 Ver.1 k(r) 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall Page 10 of 32 PSA Single Project Agreement 2017.010 Ver.t provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. Page 11 of 32 PSA Single Project Agreement 2017.010 Ver.I C 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. • CCNA Projects: In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. Page 12 o132 PSA Single Project Agreement 2017.010 Ver.l CAO ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Director: Dan Rodriguez, Department Head Division Name: Solid and Hazardous Waste Management Address: 3339 Tamiami Trail East, Ste 302 Naples FL 34112 Administrative Agent/PM: Dayne Atkinson, Project Manager, PUD Telephone: (239) 252 — 5337 E-Mail(s): Dayne.Atkinson@colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Stantec Consulting Services Inc. Address: 5801 Pelican Bay Blvd., Suite 300 Naples, Florida 34108 Authorized Agent: Tim Hancock, AICP Attention Name & Title: Telephone: 239-649-4040 E-Mail(s): tim.hancock@stantec.com Page 13 of 32 PSA Single Project Agreement 2017.010 Ver.l S 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE IRI Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: n/a Solicitation # 18-7277 , including all Attachment(s), Exhibit(s) &Addendum Consultant's Proposal Page 14 of 32 PSA Single Project Agreement 2017.010 Ver.1 17.10. n _ . . - . - , . _• • .: = -. e _,. ,, .= .. tz. . _..z..___•, t .._ _ • e _ •• a •- ►... .. ,,.. ._._e ee a W- �..._- .. _•... • • tarns-of-the.Agr:-••=• - e =-=e=•-= _ - - ••_ e -II other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the £ , ::..:. ........ e ..._ : __. _ .__. _e. '......•_ •._ a •_ _e. _ _ •.e__•e_• _ __ .••_ et _.._• -. . by-application of the Supplement- _ ,a e e 0 • • .- •, ==.0.2• •: _ • _ et -_,_.-e. e •••ee_••e. •__ .•.w _ e _e_.... ee ..,__ .ea _.E_. • _e• _ce... •_ ..►___ ►. • _..A _.A.. ' !. __ ., 2.. 17.11. Applicability. Sections corresponding to any checked box (I ) expressly apply to the terms of this Agreement. 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. n At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be Page 15 of 32 PSA Single Project Agreement 2017.010 Ver.1 awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 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. (signature page to follow) Page 16 of 32 PSA Single Project Agreement 2017.010 Ver.l CAO IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Co : .oller 1 S / a nom-'cZ- 6 # Date: U ' gy: ....•••••• .�,. es as to ha(rman's Wil am L. McDaniels, Jr. , Chairman signature only. Ap• -d as t For and Legality: I) ' cIuAy County Attorney ,_c L5t1" t Name Consultant: Consultant's Witnesses: Stantec Consulting Services, Inc. &UAW ""/ By: d Witness r ( ur n heir dy .07,cAs . APfr07 e' Name and Title Administrative Name and Title exee.,frve ✓i..e / es'.L.1 t►SSivtzrrt Witness L-n6741 L� 4D n/N.4sS® Name and Title Page 17 of 32 PSA Single Project Agreement 2017.010 Ver.I CA() SCHEDULE A SCOPE OF SERVICES 0■ following this page (pages A through T ) Page 18 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE "A" SCOPE OF SERVICES-R3 Solicitation No 18-7277 PUBLIC UTILITIES DEPARTMENT COMPLEX DESIGN April 15, 2019 Introduction: Collier County seeks to develop the westernmost portion of the Collier County Resource Recovery Business Park, along with associated access road(s), utilities and water management facilities to support a Public Utilities campus plan that will also incorporate additional agencies, including the Collier County Sherriff's Office (CCSO) Forensic Building, a County Operations and Security building, a Centralized Inventory Building and a Fueling Depot. This campus will combine a variety of Public Agency operations within one site to address the current needs as well as future growth and expansion of services as required to meet the needs of the community. The Consultant ("Stantec") will lead the effort in evaluating the current.and future needs of the Utility Department, in addition to other identified County agencies regarding the planned facilities at this location. The process will then continue with space programming based on those needs that will help develop a Master Plan for the campus. It is anticipated that the development of the campus plan and associated buildings will be accomplished in a phased approach. The initial design phase will include four buildings but is anticipated to achieve the build-out of infrastructure on the site to serve a phased approach for all currently anticipated uses. While the construction of infrastructure may also be phased going forward, the site plan and development order applications will contemplate a full build-out of the site. The following scope of services will facilitate the County's intent to provide programming, master site planning, phased building design and permitting services for the construction of these facilities. Project Assumptions: The following project assumptions have been used to develop and inform this Scope of Services document and associated fee and schedule proposal: Page A S Building Name Approximate Notes Size Collier County Centralized 30,000 sf To serve PUD, Facilities and Inventory Building Transportation Operations Fueling Depot 15,000 sf This will be a combination enclosed (+/-) facility, covered fueling area and tank farm, serving multiple divisions. Sherriff's Forensic Evidence 85,000 sf From RPS #18-7277 documents and Building discussion with CCSO and Collier County. Collier County Operations and 30,000sf Traffic Ops and Stormwater, Security Building Government Security, SCADA PUD Logistics and Operations 30,000 sf Various PUD Administration and Center Service Operations to be included. Total (all buildings) 190,000 sf Site acreage is approximately 32-35 acres assuming the final design allows us to contain storm water in a single basin on the western side. If Stantec is required to provide two basins, the site area grows to 43-45 acres. Final building square footages, layout and adjacencies will be developed during Phase 1, but the above assumed numbers were used for scope and fee determination. Stantec will not change the fee outlined in Schedule B of this Agreement for minor variations (within 10% of the identified square footage). Design and permitting of buildings and/or site improvements not specifically included in this scope is considered Additional Services if requested by the County. Fees for these items are not included in the negotiated contract fees. If these items are determined necessary and are requested by the County, scope and fee will be negotiated at that time and will be implemented via an Amendment to this Agreement. Tasks 1.0 - 6.0, Preliminary and Final Design — Stantec has included fees for complete design services of all five of the buildings and site planning identified above. Tasks 7.0 - 10.0, Site Permitting, Building Permitting, Construction Administration, and Post-Construction Services — as requested, Stantec has included fees for site permitting and complete construction services of all five of the buildings and site work identified Page B above. This assumes all infrastructure is completed in a single phase and all buildings will be completed with no more than three site certifications required. A single SDPA and ERP Modification are included. Additional SDPA's or ERP Modifications would be considered as additional services. The Collier County Centralized Inventory Building with be a facility shared by PUD, Facilities and Transportation Operations. The Fueling Depot will be shared by all divisions, including PUD, Transportation Operations, Stormwater and the CCSO. The Operations and Security Building will incorporate SCADA (PUD), Traffic Operations and Stormwater and general Government Facilities Security (PUD). Campus Central Energy Plant (CEP) — Stantec assumes the design of a water-cooled chiller plant, or similar. The following is not included in the base fee: • Thermal Energy Storage/Ice Storage • Cogeneration Plant These design approaches can be included as an additional service, if requested. Stantec shall be required to comply with the adopted Collier County Vertical Standards and Utility Standards as applicable. Scope of Services: PHASE 1 — PROGRAMMING, NEEDS ASSESSMENT, MASTER PLANNING AND MASSING Task 1.0 Project Kick-Off, Project Management and Team Coordination 1.1 Within three (3) weeks of receiving the Notice to Proceed, Stantec will schedule a project kick-off meeting with County and CCSO staff to review the scope of work, project schedule, and will provide the County with a list of required documents to facilitate the planning and design of the project. An agenda will be prepared, and minutes will be summarized and distributed by Stantec. 1.2 Throughout the life of the project, Stantec's Project Manager will provide updates to project schedules, coordinate responses to queries and serve as the primary client contact for the Collier County Project Manager. This will assist in facilitating consistent and timely communication among the project team. Page C CAO Task 2.0 Preliminary Programming 2.1 Stantec will begin this phase of the project by reviewing any initial programming, or planning information completed to date. Project information, schedules, budgets and priorities can be fluid, so although an extensive amount of work has no doubt been done to date, Stantec will review it with 'fresh eyes', and through interactive discussion and collaboration look for new ideas to create the best facility possible to meet the needs of the County. 2.2 Site Inspection/Tours, Staff Feedback collection — We will tour all existing facilities and the project site to review existing conditions, assess the building conditions and use, and assess what functional arrangements are working well and which are not. During the tour, Stantec will engage the workforce staff in conversation to capture their feedback, thoughts, and ideas on the design of the new facilities. 2.3 Program Questionnaires — Stantec will issue programming questionnaires to the County and CCSO for distribution to key user group and department representatives as determined by the Project Manager. It is our understanding we will be programming and designing for the following departments: PUD (Inventory, Fueling Depot, Logistics and Operations and Operations and Security — SCADA), Transportation Operations (Inventory, Fueling Depot, Operations and Security), Growth Management (Stormwater), CCSO (Fueling Depot and Forensics Evidence Building) and Facilities (Inventory, Fueling Depot and Operations and Security). The questionnaires are intended to collect all relevant information associated with the functional operation of each department, and will address staff numbers, space needs, vehicle count, storage, yard, and other requirements. Any additional information that helps the Stantec's design team capture their total space needs is requested. Stantec will review these questionnaires before conducting the Programming interviews. 2.4 Space Needs Programming — Stantec's Facility Architects and Industrial Design specialists will lead the space needs review and programming task. Over a two-day period, Stantec will conduct programming meetings, each anticipated to be 1-2 hours in length, as needed, with each user group being housed in, or using the proposed facilities. These meetings will occur in a place of your choosing, convenient to County and CCSO staff. Ahead of the meetings, Stantec will issue preparatory questionnaires aimed at capturing your existing inventory (equipment, staff numbers, office needs, vehicles, etc.), Page D and planning for future growth. The questionnaires and interview meetings will be incorporated into the Facility Space Needs Program. 2.5 Best Practices —Stantec will develop a narrative summary of Best Practices from other municipal public works departments, not affiliated with but of similar size or character to the County. The narrative will focus on typical space standards, operating practices, and relevance to the desired operational practices of the County. Stantec will review these practices and findings with the County and submit a written summary report. 2.6 Facility Space Needs Program —A Draft Facility Space Needs Program will be prepared for all the facilities which will include the space needs, a narrative description of the major functions, adjacencies, and other requirements for each space. We will review this draft with you, staff and users in a meeting. The County and CCSO will have ten (10) business days to review the report and provide feedback to Stantec. Stantec will incorporate comments in a Revised Draft Report after which the County/CCSO will have five (5) business days to deliver final comments. A Final Report will be delivered to the County before moving on to the next task. 2.7 Final Facility Space Needs Program — After review of the Draft Program with the County, Stantec will adjust as necessary and submit a Final Program that will be used in the development of the Site and Building Planning outlined in future Tasks. 2.8 Stantec will provide a per square foot building cost estimate by building type(s) and land development Cost Estimate. 2.9 Acceptance and Authorization — Stantec will not proceed to Task 3.0 until receipt of Acceptance of the above and Authorization by the County and CCSO. Task 3.0 Site Master Planning 3.1 Site Survey — Stantec will prepare an updated boundary and topography survey unless Collier County can provide one in electronic format and is less than six (6) months old. 3.2 Planning & Zoning Entitlement Assessment & Information Review — The site master planning task will again begin with a review of any information the County and CCSO may have developed to date, that will relevantly inform our Page E S decisions and solutions going forward. The review will include planning and zoning requirements and limitations currently relevant to the site. The County will provide any agreements that are in addition to the existing Planned Unit Development Zoning documents and approved ERP that may result in site limitations or additional development restrictions. 3.3 Site Master Planning Charrette—Stantec's first interactive charrette/workshop begins here, and the process will generally proceed as follows: 3.3.1 The Stantec team will convene in Collier County and conduct a charrette with staff to identify key considerations from the County and CCSO that will drive development towards a Preferred Site Plan option for current and future phases. The Stantec's team may prepare site plan options in advance to share with the County's team at the onset of the charrette. Over the course of up to four (4) days, Stantec's team will develop alternative plans which Stantec will pin up on the walls and discuss the merits and challenges of each. 3.3.2 Each day, two-hour pin-up/review sessions will be conducted with a select group of department staff for collecting direct feedback on each master plan reviewed. 3.3.3 Stantec will capture the feedback and develop a series of alternate master plan options for review by the Client at the following days review session. 3.3.4 At the end of the charrette, a Preferred Site Plan Option will be selected by the County/CCSO for development by the Stantec team. This plan will include basic building footprints, general site constraints, vehicle and pedestrian circulation patterns, entry/egress locations, and conceptual identification of program yard requirements. At the County's request, Stantec and the Project Manager will review the Preferred Site Option Plan with the Deputy County Manager or his designee, either during the charette process or upon its conclusion. 3.4 Sustainability Charrette — Stantec will lead a workshop specifically to identify sustainable strategies appropriate for the facility and site. The workshop will be attended by our major systems consultants and we will review opportunities for water, energy, and material conservation in the context of each of the site and each building. Stantec will review the opportunities for on-site power generation and co-generation systems that can serve the entire site, along Page F with other strategies Stantec has successfully employed in other facilities that are well-suited for this type of facility. It is our understanding the County does not intend to achieve USGBC LEED Certifications, but may be desirous of incorporating LEED principles into the design of this facility. 3.5 Phasing (Consideration for Future Growth) — The goal of this project is to develop, design and deliver a campus of buildings that will serve the County's current and future service needs. This approach however may outweigh the current available funding. Stantec will design a functional and highly efficient project / plan that may be used for many years before the next phase is constructed. Stantec will develop a phasing plan so that, depending on the ultimate funding schedule for future needs, these components can smoothly grow onto the site with minimal or no disruption to current operations, and in such a way that the user groups will ultimately be able to work most efficiently and effectively together. 3.6 Development of a Preferred Master Plan and Draft Report — Following the charrette, the design team will develop the preferred master plan. The work will be prepared by hand and in AutoCAD/Revit and will fix the size, program and design character of the site. During this phase, we will begin incorporating Stantec's design team - structural, mechanical, and electrical - to identify space needs and primary concepts for each. The information will be captured in a narrative report. 3.6.1 Facility Equipment Manual - A Draft Facility Equipment List and Manual will be prepared for all the facilities which will include new equipment required for each work space, warehouse, and specialty location. We will also identify any existing equipment to be reused and relocated into this facility from existing buildings. Stantec will review this draft with you in one or more review meetings before including in the final report. 3.7 Presentation and Review — Stantec will meet in person with the County and CCSO to review the Draft Master Plan Report and collect feedback. The review will include all components of the report, including overall project schedule and preliminary cost estimate. Stantec intends to have our key sub- consultants in attendance, as needed. After the meeting, the County/CCSO will have ten (10) business days to review the Draft Master Plan Report and provide additional feedback. 3.8 Master Plan Report Revisions — Stantec will collect comments from the Draft presentation and from the 10-day review period. All comments will be Page G incorporated into the final Master Plan Report. Stantec will issue written responses to comments, identifying which comments have been incorporated, and which are noted for incorporation into future phase(s) of the project. Stantec will review the matrix with the Client and with the Deputy County Manager (or his designee) and develop a consensus on how to incorporate each item before moving on to the next phase. The County / CCSO will have five (5) business days to review the revised report and issue comments to Stantec. 3.9 Final Submittal and Acceptance — after incorporation of the draft report comments, Stantec will submit the Final Master Plan Report for approval. This will be both an electronic and hard copy submittal. Stantec will await receipt of written Acceptance of the above and Authorization by the County and CCSO to proceed before moving on to the next phase. Client Meetings: Stantec anticipates up to five (5) in person meetings during this Task (Project Kick-Off, Programming/Site Tours, Master Planning Charette, Draft Report Presentation, miscellaneous), up to five (5) remote Skype meetings for follow up and coordination, and up to two (2) meetings with the Deputy County Manager, or his designee. Task 4.0 Conceptual Building Design 4.1 20% Conceptual Design Charrette—Stantec will commence conceptual design work associated with the Preferred Option developed in Task 3, by again utilizing the design charrette process. The spatial relationships Stantec developed on past projects will be used to inform and speed the development of the facility. During this charrette Stantec will explore various functional building layouts and approaches to the Utility Complex design based on the selected site, and then again conduct daily review sessions over the course of up to three days, with your staff and/or users to review and gather additional input. This input will lead to the development of the more detailed spatial adjacencies between each user group within the building layout, the operational processes favored to enhance communication and efficiency, and the flow of the facility. Stantec will develop initial architecture for each building that will make the complex not only a functional success, but a point of pride for the County and a desirable working environment for the employees. Major changes or significant deviations from the Site Master Plan as presented during Task 3 are not expected to occur during this task - Should these occur, the design team shall Page H re-evaluate the proposed adjustments and their impact; if any, to the schedule and professional fees quoted herein. 4.2 Development of a Conceptual Design — Following the charrette, the entire Stantec's design team will further develop the design. The work will be prepared in 3D Revit and will fix the size and design character of the building(s) and site work. As part of this process various studies on the layout and exterior façade design will be conducted and reviewed with the County before finalizing design in this phase. During this phase, we will further the incorporation of Stantec's design team — associate architect, structural, mechanical, and electrical - to further refine space needs and primary concepts for each in a narrative report. Stantec recognizes that the design of any building(s) will have to be compliant with the Collier County's Architectural Design Guidelines to the extent required by the Land Development Code. 4.3 20% Conceptual Design Submittal — Stantec's team will meet in person with the County to review the Draft Conceptual Design Report and collect feedback. The review will include floor plans, elevations, basic sections, code analysis, major equipment locations and general sizing, and egress/ingress plans, as well as a review of the overall project schedule and preliminary cost estimate. Other engineering discipline concepts will be included in narrative form. Stantec intends to have our key sub-consultants in attendance, as needed. After the presentation, the County/CCSO will have ten (10) business days to review the conceptual drawings and narratives. Stantec will collect comments from the submittal and incorporate them into the final Conceptual Design submittal. Stantec will issue written responses to comments identifying which have been incorporated, and which are noted for incorporation into future phase(s) of the project. Stantec's team will review the matrix with the Client and develop consensus on how to incorporate each item before moving on to the next phase. 4.4 Final Submittal and Acceptance—after incorporation of draft report comments, Stantec's team will submit the Final Concept Design Report. This will be both an electronic and hard copy submittal. The County/CCSO will have five (5) additional days to review the Final Concept Design Report. If required, Stantec will issue the revised Final Concept Design Report. Stantec will await receipt of written Acceptance of the below deliverable and Authorization by the County to proceed before moving on to the next phase. Client Meetings: we anticipate up to two (2) in-person meetings during this Task and four (4) remote Skype meetings, plus one (1) public presentation, if required. Page I Conceptual Design (20%) Deliverables: • Building Conceptual Design (including renderings) — Floor plans and adjacencies — Final site plan layout — Major equipment layout drawings — Discipline Narratives • Public Presentation and Materials (1 total) • Estimated Cost and Land Development Estimates. Task 5.0 Final Building and Site Design The subtasks identified below represent the scope of work and effort associated with design of the five (5) buildings identified in the project assumption section. If additional buildings are included simultaneously in this phase, Stantec will perform the subtasks concurrently. 5.1 Within two (2) weeks of receiving the Notice to Proceed, Stantec will schedule a Phase 2 project kick-off meeting with County and CCSO staff to review the Phase 2 scope of work, schedule, and will provide the Client with a list of required documents to facilitate the final design of the selected facilities. An agenda will be prepared, and minutes will be summarized and distributed by Stantec. 5.2 20% to 60% Design Development — Stantec's team will field verify existing visible conditions of the project site, the 20% Conceptual Design assumptions and Owner's Project Requirements (OPR). Stantec will verify decisions made in schematic design, including: • Building space allocations • Operational adjacencies • Space requirements and access • Exterior building materials Major changes or significant deviations from the 20% Conceptual Design as presented during Task 4 are not expected. Should these occur, Stantec's design team shall re-evaluate the proposed adjustments and their impact; if any, to the schedule and professional fees quoted herein. Page J Stantec's team will verify the systems and assumptions through specifying products, materials, systems sizes, and constructability of the building. 5.2.1 Stantec will meet with Collier County Building Department for a preliminary permit design review meeting. 5.2.2 Stantec will develop and present an interior design overall guiding principal, and up to two concepts/options for each occupied space. Stantec's team will present these concepts at the beginning of 60% Design Development and re-present a modified package at the end of this phase. 5.2.3 Stantec will develop and present an architectural lighting overall guiding principal, and up to two concepts/options for each occupied space. Stantec's team will present these concepts at the beginning of 60% Design Development and re-present a modified package at the end of this phase. 5.2.4 Stantec will develop draft specifications using the CSI 16 or 32 Division format for each relevant specification section needed based on the approved design. These will be used to inform Stantec'sfinal specification package. 5.2.5 Stantec will develop site security and technology controls. 5.2.6 Building Systems - During this subtask, lighting fixtures, finish materials, and all systems will be sized, fully defined, and located to ensure space, access, and maintenance ease. The design development documents will include general interior finish notes for contractor budgetary pricing. 5.3 90% and 100% Construction Documentation — Prior to commencing with the construction documentation phase, we will require sign-off from the County / CCSO on the design and cost estimate of the project from the Design Development phase submittal, including any value engineering modifications selected. Stantec will continue coordination with the consultant team to make sure all disciplines are fully coordinated, including fire protection and the security system. All the consultants will be fully engaged in project delivery and coordination. We will hold weekly phone coordination meetings. Stantec's team focus will be in finalizing the detailed design of the project to prepare for the Bidding/Permitting Phase and the addition of the general contractor to the Page K project. 5.3.1 Stantec will update and present an interior finishes package including finishes for each space within the facility. 5.3.2 Stantec will update and present an architectural lighting package including lighting for each space within the facility, and exterior lighting. 5.3.3 Stantec will develop Final Specifications for 90% Package for each relevant specification section needed based on the approved design. These will be used to inform our final specification package. Major changes or significant deviations from the 60% Design Development as presented during Task 7.2 are not expected - Should these occur, Stantec's design team shall re-evaluate the proposed adjustments and their impact; if any, to the schedule and professional fees quoted herein. 5.3.4 Civil Engineering Pre-Construction Phase Services - Provide pre- construction phase services including: • Cut and fill analysis • Quantity take-off and Engineer's Opinion of Probable Cost based upon completed construction plans • Prepare site specifications for bidding • Pre-bid meeting • Pre-construction meeting • Shop drawing review 5.3.5 Geotechnical Engineering Services for Project Site - Proposal is based on the selected site being accessible to standard drilling equipment. It is assumed clearing operations to provide access and/or special equipment will not be required to perform the field work. The field testing program will consist of the following services: • Conduct a visual site reconnaissance of the project site and locate and coordinate utility clearance. • Perform a total of eight (8) Standard Penetration Test (SPT) borings within the footprints of the proposed buildings (limited to two buildings in the first phase). The SPT borings will be Page L CAO performed to depths on the order of 30 feet below existing grades. In addition, we will perform one (1) SPT boring to a depth of 30 feet below existing grades at the location of the proposed pump station. • Perform three (3) SPT borings to a depth of 20 feet below existing grades and three (3) hand auger borings to depths on the order of 7 feet below existing grades within proposed pond areas. • Perform two (2) field permeability tests within proposed dry pond areas. • Perform twenty-one (21) hand auger borings to depths on the order of 7 feet below ground surface in areas of proposed pavement sections. • Identify groundwater table levels and estimate the seasonal high groundwater table level. • Conduct laboratory testing on soils obtained from within the borings. • Visually classify and stratify all recovered soil samples in the laboratory using the Unified Soil Classification System (USCS). • Identify confining layer and estimate porosity. • Identify potentially deleterious materials discovered within the borings that may affect the design or interfere with construction. • Evaluate the feasibility of slab on grade for shallow foundations for support of the proposed structures. • Provide preliminary design parameters for shallow foundations including allowable bearing pressure, foundation sizes, foundation levels and soil subgrade. • Prepare an engineering report which summarizes the course of study pursued, the field and laboratory data generated, the subsurface conditions encountered and our recommendations including general pavement and construction considerations. Final Design Deliverables: • Geotech Report for the Project Site • Construction/Permit Drawings and Specifications — 60% Package — 90% Package — 100% Package • Final Equipment List • Final Finish Boards Page M CA() • Final LEED and/or Envision Checklist, as required • Cost Estimate @ 60% and 90% by a Cost Estimator or the designated CM • All associated documentation Task 6.0 Approvals and Authorization to begin Final Design 6.1 After completions of Tasks 1-5, and submittal of the complete Phase Deliverable below, Stantec will support the County in obtaining approval to move into Phase II, Site and Building Permitting and Construction, with the desired scope. We anticipated a phase of the Master Plan and Final Design developed in Phase I will be carried forward depending on need and funding levels. Stantec anticipates one (1) additional public presentation as directed by the County in this task to support approval, including preparation of presentation materials. Phase I Deliverables: • Draft Programming, Needs Assessment and Master Planning Report — Program Documentation (questionnaires, support information) — Final Program (all buildings/departments) — Master Plan and Sustainability Charrette Documentation — Final Master Plan (all buildings/departments) o Conceptual Building Massing, including Conceptual Renderings (up to (2) building massing renderings, depicting up to (2) exterior building material options) — Preliminary Design and Construction Schedule — Preliminary Cost Estimate — LEED and Envision Checklists, as required — Survey — Background information (including environmental, data collected, etc.) • Final Programming, Needs Assessment and Master Planning Report • Conceptual (20%) Design Report (as outlined in Task 4) • Construction Documentation for all five buildings and site (as outlined in Task 5) PHASE II — SITE PERMITTING, BUILDING PERMITTING, AND CONSTRUCTION ADMINISTRATION Page N CAO Task 7.0 Phased SDPA and ERP Modification The subtasks identified below represent the scope of work and effort associated with making application for and responding to review comments to obtain an approved Site Development Plan Amendment (Collier County) and a modification to the Environmental Resources Permit (ERP) from the Florida Department of Environmental Protection (FDEP), or the South Florida Water Management District (SFWMD) for the initial construction phase. 7.1 Stantec will prepare the necessary documents as follows to make application to Collier County for an Amendment to the existing SDP to accommodate the initial phase of site improvements for this facility. The application requirements will include: • Preparation of an application for SDPA approval • Update of the existing Boundary Survey with limited topography within the proposed project area • Update of the existing, approved TIS. A `Minor TIS' is anticipated, including the analysis of up to 2 intersections • Update of the existing Listed Species Survey limited to identified species in accordance with existing FDEP and ACOE Permits • Attend pre-application meeting with GMD • Certificate of Adequate Public Facilities • Engineers Report consistent with Collier County SDPA Application Requirements • Water Meter Sizing Form • Lighting Plan • Landscape and Irrigation Plans (code minimum, see below) • ROW Permit Application • Excavation Permit (if required) • Vegetation Removal and Site Filling Permit • FDEP Water and Wastewater Connection Permits This task includes up to two (2) responses to Collier County to address review comments. Landscape Plans - Stantec will prepare building specific landscape plans for inclusion with the submittal to the County. These plans will depict required roadway/ perimeter buffers, building foundation landscaping and parking lot landscaping. Any required tree removal and replacement calculations will be Page 0 prepared and provided. The landscape plans will include the location, size, species, and quantity of the proposed plant material including specifications and details. These plans will include code minimum quantities which can be expanded at the request of the County staff during the design phase. Irrigation Plans - Upon receipt and satisfactory resolution of any County comments, irrigation plans providing 100% coverage in the areas of proposed landscaping shall be prepared. These plans will depict mainline connections and routings, along with piping and head layouts. The irrigation source will be provided by existing irrigation services lines provided by Collier County. 7.2 Stantec will prepare the necessary documents as follows to make application to the FDEP or SFWMD for a modification to the ERP to accommodate the initial phase of site improvements for this facility. The application requirements will include: • Water Management Design and Calculations based on a single-phase project but with phased construction of Water Management Facilities. • Filing of an ERP Modification Application with the FDEP or SFWMD, if required. • All associated plan modifications, water management routings and calculations to support the proposed modifications. The overall system as currently permitted is not anticipated to require significant modification. • Permit / Mitigation coordination will be limited to documenting ACOE and FDEP Permit compliance, including required pre-construction surveys. This task includes up to two (2) responses to FDEP or SFWMD to address review comments. Task 8.0 Permitting and Bid Assistance 8.1 Stantec will submit construction documentation to the County Building Department for the purposes of obtaining a building construction permit. Stantec's team will monitor the review process and incorporate comments from the County associated with obtaining the permit. We anticipate two (2) rounds of comments. 8.2 As a part of bid support, Stantec will attend pre-bid, pre-proposal, and bid- opening conferences to answer specific questions from bidders related to the Page P contract documents and/or project scope. Additionally, the team will provide support to the County in evaluating bids. Typically, assistance is provided in the form of comparing scopes and proposed alternates or exclusions outlined by bidders. 8.3 Stantec will compile and issue a Construction Set of documents to the selected General Contractor that incorporates all relevant building and site permit comments. Task 9.0 Construction Contract Administration Phase 9.1 Stantec's Naples office, along with our consultants, will perform Architectural and Site Construction support services for the buildings during construction and will be involved with building plan QA/QC including: 9.1.1 Construction Phase Services Provide general construction observation and provide review of contractor's requests for payment. Attend a weekly site meeting with the County and general contractor. Scope and fee are based on a single construction phase. It is assumed that construction will be completed over the course of fifteen (15) months with an average of five (5) hours per week for field visits. 9.1.2 Testing & Certifications Review test reports and record drawings one time and conduct final observation of construction/ testing coordination for water, sanitary sewer, storm sewer and irrigation as required by the County. Prepare and submit certification packages to the County. It is assumed that each utility will be certified in a single phase (one certification) and that each test occurs as scheduled and passes. Test that were scheduled and either did not occur or did not pass requiring retesting will be subject to a request for additional budget. 9.1.3 Construction Inquires Stantec's team will receive, review, and process construction-related RFI (Requests for Information) and Submittals from the contractor. Typical turn-around for these items is five (5) business days for RFI's and ten (10) business days for submittals and/or shop drawings. Items sent by the General Contractor after 12:00 PM will be dated the following business day. Stantec will provide up to two (2) reviews per Page Q submittal and/or shop drawings. Any additional reviews beyond the two (2) will be an additional service. 9.1.4 Site Meetings We will continue to service this phase of the project with a senior-level architect and will include appropriate engineer leads at weekly Owner Architect Contractor meetings. These would be in conjunction with the contractor on site. Following each visit, a field observation report will be prepared and submitted to the OAC team, which will note the progress of the work and any observed deficiencies that should be corrected. 9.1.5 Minutes Stantec will review meeting minutes issued by the general contractor. 9.1.6 Punch Out Following the general contractor's punch list, Stantec will provide up to two (2) days for punch list— an initial punch list and a final punch list. 9.1.7 Schedule We assume a 12-month construction schedule to arrive at Substantial Completion, and an additional three (3) months for project closeout. 9.1.8 Landscaping and Irrigation Construction Phase/Certification Perform up to two (2) site visits to review the installed landscape and irrigation for consistency with the code minimum landscape plans to facilitate certification to the County. Prepare a landscape certification to be included with site civil certification package submittal to the County. Task 10.0 Post Construction Phase Services 10.1 Eleven (11) - Month Warranty Reviews — Stantec will visit the site 11 months after warranty initiation of key building materials, equipment, and systems. Stantec will review O&M manuals provided by the County or the General Contractor, walk the site, and review existing conditions associated with a pre-determined list of components. A list of specific components for this review is to be developed between Stantec and the County. Stantec will issue a Report of Findings at the end of this process, for use by the County. 10.2 Building Record Drawings: Stantec will provide electronic copy of final drawings for record to the County. Drawings will be based on RFI response, Page R C submittals, change orders, and information delivered to us by the Contractor which will include markups of their field installed changes. Stantec is relying on the information provided by the General Contractor, Stantec cannot be responsible for the accuracy or completeness of the record drawings. Phase II Deliverables: Task 7: Stantec will provide the following: • Applications and required follow up for Site Development Plan Amendment and Environmental Resource Permit Amendment based on the developed Site Plan. This assumes a phased development approach. Task 8: Stantec will provide the following: • Building Permit application support to the selected General Contractor and up to two (2) RAI's from the County. • Construction Set (incorporating all bid phase comments from the review agencies) Task 9: Stantec will provide the following: • Construction Administration documentation (as outlined in Task 9.0 Construction Contract Administration Phase). Task 10: Stantec will provide the following: • 11-month Warranty Review Report • Record Documentation — drawings and specifications only Scope Assumptions and Clarifications: The following assumptions are included in this scope of work. • The County will designate a project manager who will serve as the primary contact throughout the project and who will work to provide prompt responses to inquiries from Stantec. • The County will provide data requested by Stantec in advance of the kick-off meeting or immediately after. • Permitting agencies will issue permits or review comments within 30 days of Page S 0 receipt of the permit applications. • The fee provided for a boundary, topo, and tree survey may be increased should the selected property exceed 45.0 acres. • The fee provided for wetland delineations and environmental resource permitting may be increased should the selected property exceed 45.0 acres. • The fee provided for a Cultural resource assessment survey may be increased should the selected property exceed 45.0 acres. • The fee provided for a Geotechnical Investigation may be increased should the selected property exceed 45.0 acres or either of the two first buildings proposed exceed 20,000 square feet each. • The general contractor will be responsible for obtaining building permits. • The general contractor retained by the County to construct the improvements will maintain redline as-built drawings during construction that indicate the work constructed and provide Site Civil and Off-site Record Drawings signed by a Licensed Surveyor. • Charrette facilities shall be provided and coordinated by the County. • If the project schedule is extended for reasons outside of our direct control, Stantec may incur additional costs and reserves the right to charge such costs resulting from such items as additional project management time. Any additional costs incurred would be notified and agreed in advance with the County and an Amendment will be executed by the parties. • If Stantec is requested to provide services required because of significant changes in the project including, but not limited to, the County's schedule, County's direction, and alternative design requirements requested by the County then Stantec will be entitled to request additional fees. Any additional fees would be notified and agreed in advance with the County and an Amendment will be executed by the parties. • The County will perform any necessary Subsurface Utility Exploration needed for design efforts around buried utilities. Items not specifically detailed in the scope of services are excluded at this time but can be added through agreement by Stantec and the County. Items that are excluded from the scope include but are not limited to: • Legal Services • Real Estate/property negotiations • Rezoning • Permit review fees • Obtaining permits not explicitly indicated herein Page T SCHEDULE B - BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. The fees are listed in Schedule B-1. B.2.2. Lump Sum Fees: The fees noted in Schedule B-1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.4. The compensation provided for under Schedule B-1, 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 the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Page 19 of 32 PSA Single Project Agreement 2017.010 Ver.1 S Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. Page 20 of 32 PSA Single Project Agreement 2017.010 Ver.1 CAO Stantec Consulting Services Inc. 1600 Wilson Blvd, Suite 360 Sta me Arlington, VA 22209 5/10/19 SCHEDULE "B-1 " Basic Basic Basic Basic Basic Phase I Tasks Services Services Services Services Services Fee Fee Fee Fee Fee Centralized Fu ling Sherriff's Operations PUD Inventory Depot Forensic & Security Logistics & Building Evidence (SCADA) Operations Center Task 1.0- Project Kick-Off, $ 30,188 $ 24,719 $ 62,727 $ 45,033 $ 30,188 Project Management and Team Coordination Task 2.0- Programming $ 38,855 $ 23,394 $ 99,901 $ 61,202 $ 42,374 Task 3.0-Master Site Planning $ 35,342 $ 21,364 $ 72,300 $ 52,416 $ 39,218 Task 4.0-20% Conceptual $ 95,694 $ 74,999 $ 264,771 $ 124,029 $ 91,940 Design Task 5.0- Final Building Design $353,713 $ 283,685 $ 1,1 13,279 $ 499,515 $ 384,871 Task 6.0-Phase I Approvals $ 0 $ 0 $ 9,579 $ 0 $ 5,979 SUB-TOTAL $ 553,792 $ 428,161 $1,622,557 $782,195 $594,570 TOTAL PHASE I DESIGN $ 3,981,275 SERVICE FEE Basic Basic Basic Basic Basic Phase II Tasks Services Services Services Services Services Fee Fee Fee Fee Fee Centralized Fueling Sherriff's Operations PUD Inventory Depot Forensic & Security Logistics & Building Evidence (SCADA) Operations Task 7.0-SDPA and ERP $ 0 $ 0 $ 451, 956 $ 0 $ 0 Applications Task 8.0- Permitting and Bid $ 37,564 $ 31,975 $ 95,011 ' $ 53,709 $ 36,159 Assistance Task 9.0-Construction Contract $ 150,061 $ 120,810 $ 392,663 $ 235,407 $ 153,018 Administration (CA) Task 10.0-Post Construction $ 4,885 $ 3,256 $ 12,118 $ 8,141 $ 5,605 Services SUB-TOTAL $ 192,510 $156,041 $ 951,748 $297,257 $ 194,782 E.)s qr'v ith community in mind CAO Page 21 of 32 PSA Single Project Agreement 2017.010 Ver.1 Page 2 of 2 Reference:Solicitation 18-7277-Scope of Services 5/05/19 TOTAL PHASE II DESIGN $ 1,792,338 SERVICE FEE TOTAL COMBINED DESIGN $ 5,773,613 SERVICE FEE Notes: If Permitting & Construction of the buildings is separated by building, Tasks 8, 9 and 10 costs for each building increases 10%above what is shown in the table above. Centralized Fueling Sheriff's Operations PUD Inventory Depot Forensic & Security Logistics & TOTAL COMBINED DESIGN Building Evidence (SCADA) Operations SERVICE FEE BY BUILDING Center $ 746,302 $ 584,202 $ 2,574,305 $1,079,452 $ 789,352 Page 22 of 32 PSA Single Project Agreement 2017.010 Ver.l SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal Architect $216 Project Architect $169 Architect $158 Architectural Designer $137 Industrial Lead $232 Senior Industrial Engineer $175 Industrial Engineer $147 Junior Industrial Engineer $142 Senior Project Manager $196 Project Manager $166 Principal Planner $216 Structural Engineer $196 Senior Engineer $185 Engineer $175 Junior Engineer $142 Land Surveying Professional $175 Survey Technician $126 Survey Crew(two-person) $125 Specification Writer $175 Technical QA/QC $175 Sustainability $169 Interior Designer $158 Lighting Designer $158 Designer $158 Civil Designer $137 CAD Designer $137 CAD Support $126 Technical Support $126 Administrative Support $121 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. ❑ Gr artt+undefUr.-T-Iie-abeve Page 23 of 32 PSA Single Project Agreement 2017.010 Ver.l _.i SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days Task/Item For Completion Description from Date of Notice to Proceed for Services under this Agreement 1 Phase I Project Kick-Off 1 2 Preliminary Programming 49 3 Master Site Planning 52 4 Conceptual Building Design 20% Conceptual 49 Design 5 Final Building Design and Site Design * 245** 6 Phase I Approvals 52 7 SDPA and ERP Applications * 270** 8 Permitting and Bid Assistance *** 92 9 Construction Contract Administration (CA) 456 Phase 10 Post Construction Services 335 * Tasks 7.0 through 10.0 assume approval of Phase 1 Master Plan, and County funding of phasing plan. '*Components of Phases 5 and 7 can run concurrently,if desired. ^' Phases 8,9,and 10 assume start of these phases immediately after Final Design. Page 24 of 32 PSA Single Project Agreement 2017.010 Ver.l SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 of 32 PSA Single Project Agreement 2017.010 Ver.l 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? ■ Yes n No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? n Yes Irl No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes [11 No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? IMI Yes L 1 No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Pace 26 of 32 PSA Single Project Agreement 2017 010 Ver.1 Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? n Yes IT No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? I I Yes • No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? • Yes No Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. Page 27 of 32 PSA Single Project Agreement 2017 010 Ver.1 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes • No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑ Yes No Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? ❑■ Yes n No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 of 32 PSA Single Project Agreement 2017.010 Ver.1 CAO of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA Single Project Agreement 2017.010 Ver.1 E This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Stantec Constulting Services, Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Public Utilities Department Complex Design "project is accurate, complete and current as of the time of contracting. BY: rr9,--a•-e/1 TITLE: eye C, 74Ve ✓r c.r rtoidwid DATE: 0-4...0 c 7, Zor Page 30 of 32 PSA Single Project Agreement 2017.010 Ver.l SCHEDULE F KEY PERSONNEL Name Personnel Category; Percentage of Time Ken Anderson Architecture-Project Leadership 30% Tim Hancock Planning-Project Leadership 40% Maybell Laluna Architecture-Project Manager 60% Barbara Berastegui Architecture-Project Designer 50% Rachel Bannon-Godfrey Sustainable Design 40% Rachel Fitzgerald Lighting Design 50% Nancy Hughes-Allen Interior Design 20% Kevin Mangan Landscape Architecture 20% Kelly Smith Utility Operations 25% Tery Glunt Transportation Operations 25% Joseph Mrak* Law Enforcement Operations 25% Michelle Blake Industrial Equipment Facility Design 20% Sy Jonas Selick Industrial Equipment Facility Design 50% Jeff Crews Site Design 40% Pablo Garcia Structural Design 35% Michael Thompson MEP Design 30% Molly Williams Stormwater Design 30% John Maloney Survey 15% Alejandro Montenegro Geotechnical Design 15% Ray Piacente Permitting-Site Permit 15% Tom Trettis Permitting-Environmental 15% Tatiana Gust Permitting-Building 15% John Evans Cost Estimating/Construction Administration 30% Marc Lean Construction Administration 15% Jason Carr Fueling 15% Page 31 of 32 PSA Single Project Agreement 2017.010 Ver.1 SCHEDULE G Other: (Description) n following this page (pages through ) this schedule is not applicable Page 32 of 32 PSA Single Project Agreement 2017.010 Ver.1 DATE(MM/DD/YYYY) ACOREP CERTIFICATE OF LIABILITY INSURANCE `,...------ 5/1/2020 4/18/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Lockton Companies NAME: 444 W.47th Street,Suite 900 PHONE FAX Kansas City MO 64112-1906 MAILo,Ext): (A/C,No): (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Berkshire Hathaway Specialty Insurance Company 22276 INSURED STANTEC CONSULTING SERVICES INC. INSURER B:Travelers Property Casualty Co of America 25674 1415077 370 INTERLOCKEN BOULEVARD,SUITE 300 INSURER C: BROOMFIELD CO 80021-8012 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15049545 REVISION NUMBER: X00(XXXX 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. MSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/YLIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDYYY) A X COMMERCIAL GENERAL LIABILITY Y N 47-GLO-307584 5/1/2019 5/1/2020 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 X CONTRACTUAL/CROSS MED EXP(Any one person) $ 25,000 X XCU COVERED PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JEt° X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY N N TC2J-CAP-8E086819 5/1/2019 5/1/2020 COMBINED SINGLE LIMIT $ B TJ-BAP-8E086820 5/1/2019 5/1/2020 (Eaaccdent) 1,000,000 B x ANY AUTO TC2J-CAP-8E087017 5/1/2019 5/1/2020 BODILYINJURY(Perperson) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXJ00�3( AUTOSONLY AUTOS $ XXXXXXX HIREDIREDNON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ XXXXXXX A x UMBRELLA LIAB X OCCUR N N 47-UMO-307585 5/1/2019 5/1/2020 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION Y X STATUTE ETPER H B AND EMPLOYERS'UABILITY TC2J-UB-8E08592(AOS) 5/1/2019 5/1/2020 B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TRJ-UB-8E08593( ,WI) 5/1/2019 5/1/2020 E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? n N/A EXCEPT FOR OH WA WY (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:CONTRACT#13-6164;PROFESSIONAL SERVICE:WELLFIELD STUDY,PLANNING AND/OR DESIGN.THE STATE OF FLORIDA,COLLIER COUNTY GOVERNMENT,AND COLLIER COUNTY,FLORIDA ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY,AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments 15049545 COLLIER COUNTY BOARD OF COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AMI TRAIL EAST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 TAMIAMI MIT3411ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA Al& AI APIA ©198:- 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘rre,=.- 10/1/2019 1/3/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NAME:CONTACT 444 W.47th Street,Suite 900 PHONE FAX Kansas City MO 64112-1906 E-MMA L o.Ext): (A1C,No): (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Lloyds of London _ _ INSURED STANTEC CONSULTING SERVICES,INC. INSURER B:AIG Specialty Insurance Company 26883 1414100 8211 SOUTH 48TH STREET INSURER C: PHOENIX AZ 85044 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 15811683 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 LTR TYPE OF INSURANCE ADDL SU p POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MMIDo/YYYY1 COMMERCIAL GENERAL LIABWTY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX DAMAGE TO CLAIMS-MADE (_OCCUR PREMISES(EaENTED occurrence) S XXXXXXX MED EXP(Any one person) 5 XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY X PRG X LOC PRODUCTS-COMP/OP AGG $ XXXXXXX _ IOTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNSD ONLY SCHESCHEDULED BODILY INJURY(Per accident) $ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY _ AUTOS ONLY (Per accident) $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER OTH- ANO EMPLOYERS'UABILITY STATUTE ER Y t N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE s XXXXXXX IfEN under E.L.DISEASE-POLICY LIMIT $ XXXXXXX DESCRIPTION OF OPERATIONS below A Professional Liab N N GLOPR1801673 10/1/2018 10/1/2019 $3,000,000 PER CLAIM/AGG A NO RETROACTIVE DATE INCLUSIVE OF COSTS B Contractors Pollution Liab CP08085428 10/1/2017 10/1/2019 $3,000,000 PER LOSS/AGO DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) RE:CONTRACT#I8-7277 PUBLIC UTILITIES DEPT.COMPLEX DESIGN. CERTIFICATE HOLDER CANCELLATION 15811683 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3299 TAMIAMI TRAIL EAST,SUITE 102 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES FL 34112-5746 AUTHORIZED REPRESENTA Air' ©1988(015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D522032 Certificate ID: 15049545 POLICY NUMBER: 47-GLO-307584 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any such person or organization but only to the ALL LOCATIONS COVERED UNDER THIS POLICY, FOR extent required by a written contract executed prior LIABILITIES ARISING OUT OF OUR NAMED INSURED'S to the "occurrence" or offense. ACTIVITIES ONLY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does nota I to "bodilyinjury" or damage" or "personal and advertising injury" apply ry "property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed, or However 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Attachment Code:D522032 Certificate ID: 15049545 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or CG 20 10 04 13 © Insurance Services Office, Inc., 2012 PAGE 2 of 2 Attachment Code: D522054 Certificate ID: 15049545 POLICY NUMBER: 47-GLO-307584 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization but only to the extent ANY LOCATION OR PROJECT WHERE YOU ARE required by a written contract executed prior to the REQUIRED TO PROVIDE ADDITIONAL INSURED "occurrence" or offense. STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM Attachment Code: D522252 Certificate ID: 15049545 Notification to Others of Cancellation Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff Date of End. Producer No. Add'I.Prem Return Prem. 47-GLO-307584 5/1/2019 5/1/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Number of Name and Address of Other Person(s)/Organization(s): Days Notice: Those persons and organizations as stated in a certificate of 30 Insurance, on file with the insurer, as of the date of Cancellation. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Attachment Code: D522021 Certificate ID: 15049545 POLICY NUMBER: TC2J-CAP-8E086819; TJ-BAP-8E086820 ; TC2J-CAP-8E087017 NAMED INSURED: SEE ATTACHED CERTIFICATE COMMERCIAL AUTO CA 20 48 10/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective: 5/1/2019 SCHEDULE Name of Person(s) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10/13 D522021 Attachment Code: D524752 Certificate ID: 15049545 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) POLICY NUMBER: TC2J-UB-8E08592 (AOS); TRJ-UB-8E08593 (MA, WI) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON OR ORGANIZATION: WHERE REQUIRED BY WRITTEN CONTRACT WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 (00) POLICY NUMBER: TC2J-UB-8E08592 (AOS); TRJ-UB-8E08593 (MA, WI) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX - CONDITIONS: Notice of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, delivery or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: WHERE REQUIRED BY WRITTEN CONTRACT. Number of Days Notice: 30 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Attachment Code: D522110 Certificate ID: 15049545 BFL 1) CANADA 200,1167 Kensington Crescent NW Calgary AB T2N 1X7 CERTIFICATE OF INSURANCE T. 403-451-4132 j 1-888-451-4132 I F. 403-313-3365 No SOL-CYBER-18-00042 THIS IS TO CERTIFY TO: Collier County Board of County Comissioners 3299 Tamiami Trail East, Suite 102 Naples FL 34112-5746 that the following described policy(ies)or cover note(s) in force at this date have been affected to cover as shown below: NAMED INSURED: STANTEC CONSULTING LTD. ADDRESS: #400, 10220 103 Avenue NW, Edmonton,AB T5J OK4 Description of operations and/or activities and/or locations to which this certificate applies: Stantec Project Name: Public Utilities Dept.Complex Design Stantec Project No. Client Project No. 18-7227 TYPE INSURER/ POLICY No TERM LIMITS Cyber Liability Certain Underwriters at Lloyds as Oct 01, 2018 to arranged by Lockton Companies LLP Oct 01, 2019 Policy No: MEDTE1800193 Each Claim(USD) $ 1,000,000 Annual Aggregate(USD) $ 1,000,000 Additional Information Should one of the above-noted policies be cancelled before the expiry date shown,the insurer(s)will endeavour to provide 30-day written notice to the certificate holder. This certificate is issued as a matter of information only and is subject to all the limitations,exclusions and conditions of the above-listed policies as they now exist or may hereafter be endorsed. Limits shown above may be reduced by Claims or Expenses paid. BFL CANADA Insurance Services Inc. Authowed Representative Signed in Calgary this June 14, 2019 Adam Bunz BFL CANADA Insurance Services Inc. bflcanada.ca 4". l � BFL .. 11` CANADA 200,1167 Kensington Crescent NWCalgay AB T2N 1X7 CERTIFICATE OF INSURANCE T. 403-451-4132 I 1-888-451-4132 IF.403-313-3365 No SCL-SCL-E4-18-02781 THIS IS TO CERTIFY TO: Collier County Board of County Comissioners 3299 Tamiami Trail East, Suite 102 Naples FL 34112-5746 that the following described policy(ies)or cover note(s) in force at this date have been affected to cover as shown below: NAMED INSURED: STANTEC CONSULTING LTD. ADDRESS: #400, 10220 103 Avenue NW, Edmonton,AB T5J OK4 Description of operations and/or activities and/or locations to which this certificate applies: Stantec Project Name: Public Utilities Dept. Complex Design Stantec Project No. Client Project No. 18-7227 TYPE INSURER/ POLICY No TERM LIMITS Errors And Omissions(Professional Liability) Lloyds Syndicate Beazley by Oct 01,2018 to authority of Lockton Companies LLP Oct 01, 2019 Policy No: GLOPR1801673 Including Technology Errors&Omissions Each Claim and Aggregate Limit $ 3,000,000 Inclusive of Costs Claims Made Basis No Retroactive Date Contractors Pollution Liability AIG Insurance Company of Canada Oct 01,2018 to Policy No: CPO 18938670 Oct 01,2019 Each Loss $ 5,000,000 Annual Aggregate $ 5,000,000 Additional Information Should one of the above-noted policies be cancelled before the expiry date shown,the insurer(s)will endeavour to provide 30-day written notice to the certificate holder. This certificate is issued as a matter of information only and is subject to all the limitations,exclusions and conditions of the above-listed policies as they now exist or may hereafter be endorsed. Limits shown above may be reduced by Claims or Expenses paid. BFL CANADA Insurance Services Inc. Authoed Representative Signed in Calgary this June 14, 2019 Adam Bunz BFL CANADA Insurance Services Inc. bficanada.ca