Agenda 12/10/2019 Item #16C 7 (Contract #18-7370 - AECOM USA)12/10/2019
EXECUTIVE SUMMARY
Recommendation to award an Agreement to AECOM Technical Services, Inc., in the amount of
$994,087 under Request for Proposal No. 18-7370, “Public Utilities Water Sewer District Master
Plan,” Project Number 70031, and authorize the necessary budget amendments.
OBJECTIVE: Obtain professional engineering services for the next Public Utilities Master Plan
(“Plan”) that will address water and wastewater utility projects needed to maintain regulatory compliance
while meeting the service demands of a growing population. The Plan will identify capital
improvements, rehabilitations, reliability, and planning projects related to Collier County Water-Sewer
District (“CCWSD”) infrastructure.
CONSIDERATIONS: The proposed scope of work under Project No. 70031, “CCWSD Utilities Master
Plan,” is consistent with the FY2020 Capital Improvement Plan (CIP) Budget approved by the Board of
County Commissioners (“Board”) on September 19, 2019.
The CCWSD user and impact fee rate schedules and studies will be integrated with the Plan using
concurrent capital improvement projects that are driven by risk-based asset condition assessments. In this
process, various levels of capital improvement projects will be prioritized with corresponding levels of
funding, risk, and service. Master plans for water, wastewater and irrigation quality water will be used to
set capital improvement direction for approximately the next five to six years.
On May 11, 2018, the Procurement Services Division released notice of Request for Professional Services
(“RPS”) # 18-7370 to 7,470 firms for “Public Utilities Water Sewer District Master Plan.” Interested
consultants downloaded ninety solicitation packages, and the County received three proposals by the June
12, 2018 solicitation deadline.
The selection committee met on July 17, 2018, reviewed proposals, and short-listed three firms to invite
back for oral presentations. The invitations for presentation were accepted by AECOM Technical
Services, Inc. and Tetra Tech, while Carollo Engineers, Inc. removed itself from consideration, citing
scheduling conflicts on the announced presentation date. On August 14, 2018, the committee heard the
two remaining short-listed firms’ presentations and ranked the firms in order of preference. Thereafter,
the County Attorney’s Office recommended that Carollo be provided an opportunity to present, noting
that no reasonable attempt was made to accommodate that consultant’s schedule and that the opportunity
to shortlist from at least three consultants, when possible, is preferable under the Competitive
Consultant’s Negotiation Act (the “CCNA”), Florida Statute Section 287.055. The Selection Committee
reconvened on November 16, 2018, and the three short-listed firms were re-ranked following a
presentation by Carollo. The final ranking is:
1 AECOM Technical Services, Inc.
2 Carollo Engineers, Inc.
3 Tetra Tech
On January 8, 2019 (Agenda Item 16.C.1), the Board of County Commissioners accepted the selection
committee’s ranking and authorized staff to negotiate a contract with the top-ranked firm, AECOM, for
the Public Utilities Master Plan (See Attachment 1).
Consistent with the CCNA, staff negotiated a recommended agreement with AECOM for a contract in the
amount of $994,087.00 for the Public Utilities Master Plan. The solicitation, NORA, contract and
insurance information is included in Attachments 2 through 6. AECOM is qualified as the firm
16.C.7
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12/10/2019
satisfactorily completed the previous 2014 Public Utilities Master Plan, and has extensive experience
providing professional utility design engineering services. Staff recommends approval of this contract.
The previous Plan started in 2013 and was completed in 2014 for a total cost of $714,676. Adjusting for
the expanded CCWSD service area, five new treatment plants and inflation, the 2019 negotiated fee is fair
and reasonable. The new Plan will also include a section on loading-based water reclamation facility
capacity evaluation and a section on climate resiliency, which were not included in the previous Plan.
FISCAL IMPACT: The source of funding is Water User Fees Capital Fund (412) and Wastewater User
Fees Capital Fund (414). Budget amendments in the total amount of $800,000 are required to reallocate
funds within both user fee capital funds.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the viability of public facilities.
RECOMMENDATION: To approve an Agreement with AECOM Technical Services, Inc., for the
“Public Utilities Water Sewer District Master Plan,” in the amount of $994,087; authorize the necessary
budget amendments; and authorize the Chairman to sign the attached Agreement.
Prepared By: Eric Fey, P.E., Principal Project Manager, Public Utilities Engineering and Project
Management Division
ATTACHMENT(S)
1. Attachment 1: 18-7370 ExecSumm_16C1_1-8-19 (PDF)
2. Attachment 2: 18-7370 Solicitation (PDF)
3. Attachment 3: 18-7370 NORA (PDF)
4. [Linked] Attachment 4: 18-7370 Contract_AECOM (PDF)
5. Attachment 5: 18-7370 Insurance Requirements (PDF)
6. Attachment 6: 18-7370 AECOM_Insurance_11-19-19 (PDF)
16.C.7
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12/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.7
Doc ID: 10642
Item Summary: Recommendation to award a contract to AECOM USA, Inc., in the amount of
$994,087 under Request for Proposal No. 18-7370, “Public Utilities Water Sewer District Master Plan,”
Project Number 70031, and authorize the necessary budget amendments.
Meeting Date: 12/10/2019
Prepared by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
11/13/2019 9:28 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
11/13/2019 9:28 PM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/14/2019 11:31 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 11/14/2019 5:01 PM
Water Steve Messner Additional Reviewer Completed 11/15/2019 9:15 AM
Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 11/15/2019 9:20 AM
Wastewater Beth Johnssen Additional Reviewer Completed 11/15/2019 11:04 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/20/2019 10:42 AM
Procurement Services Priscilla Doria Additional Reviewer Completed 11/20/2019 11:30 AM
Procurement Services Ted Coyman Additional Reviewer Completed 11/20/2019 4:09 PM
Procurement Services Drew Cody Additional Reviewer Skipped 11/20/2019 4:15 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/20/2019 4:49 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/22/2019 9:05 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/22/2019 2:30 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/22/2019 3:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/25/2019 8:18 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/25/2019 11:24 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/29/2019 11:51 AM
16.C.7
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12/10/2019
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
16.C.7
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16.C.7.a
Packet Pg. 2109 Attachment: Attachment 1: 18-7370 ExecSumm_16C1_1-8-19 (10642 : CCWSD Master Plan)
16.C.7.a
Packet Pg. 2110 Attachment: Attachment 1: 18-7370 ExecSumm_16C1_1-8-19 (10642 : CCWSD Master Plan)
16.C.7.a
Packet Pg. 2111 Attachment: Attachment 1: 18-7370 ExecSumm_16C1_1-8-19 (10642 : CCWSD Master Plan)
16.C.7.a
Packet Pg. 2112 Attachment: Attachment 1: 18-7370 ExecSumm_16C1_1-8-19 (10642 : CCWSD Master Plan)
16.C.7.a
Packet Pg. 2113 Attachment: Attachment 1: 18-7370 ExecSumm_16C1_1-8-19 (10642 : CCWSD Master Plan)
16.C.7.a
Packet Pg. 2114 Attachment: Attachment 1: 18-7370 ExecSumm_16C1_1-8-19 (10642 : CCWSD Master Plan)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROFESSIONAL SERVICES (RPS)
In accordance with Florida Statute 287.055
Consultants’ Competitive Negotiation Act
FOR
PUBLIC UTILITIES WATER-SEWER DISTRICT MASTER PLAN
RPS NO.: 18-7370
ADAM NORTHRUP, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-6098
ADAM.NORTHRUP@colliercountyfl.gov (Email)
This proposal solicitation document is prepared in a Microsoft Word format (rev 8/16/17). Any
alterations to this document made by the Consultant may be grounds for rejection of proposal,
cancellation of any subsequent award, or any other legal remedies available to the Collier County
Government.
16.C.7.b
Packet Pg. 2115 Attachment: Attachment 2: 18-7370 Solicitation (10642 : CCWSD Master Plan)
SOLICITATION PUBLIC NOTICE
REQUEST FOR PROFESSINAL
SERVICES (RPS) NUMBER:
18-7370
PROJECT TITLE:PUBLIC UTILITIES WATER-SEWER DISTRICT MASTER PLAN
PRE-PROPOSAL CONFERENCE:NA
LOCATION:NA
RPS OPENING DAY/DATE/TIME:JUNE 12TH, 2018 AT 3:00PM EST
PLACE OF RPS OPENING:PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
https://www.bidsync.com/bidsync-cas/
INTRODUCTION
As requested by the Public Utilities Engineering and Project Management Division (hereinafter, the “Division or Department”), the
Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for
Professional Services (hereinafter, “RPS”) with the intent of obtaining proposals from interested and qualified Consultants in
accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the
requirements of the Specifications or Scope of Work stated.
Collier County is seeking a qualified firm to provide engineering services for medium and long range utility planning.
BACKGROUND
Vision
To provide to the County Manager and Board of County Commissioners Individual Collier County Water-Sewer District
(CCWSD) Master Plans for potable water, wastewater, and irrigation quality water that provide clear direction for near and long-
term infrastructure management strategies supported by technical evaluations and capital improvement programs that are focused
on meeting the future customer demands with best value solutions and fully leveraged assets.
Mission
To meet the future demands of the CCWSD with enhanced supply and optimized capacity using advanced and proven best value
technology. Develop and maintain individual master plans for potable water, wastewater, and irrigation quality water, including a
Capital Improvement Program (CIP) with prioritized rehabilitation and restoration (R&R), using asset management, GIS-based
hydraulic modeling, and advanced coordination efforts with inter-divisional staff and assets.
Guiding Principles
Sustained, compliant, safe, and reliable delivery of CCWSD services.
Revenue centric and cost contained approach to operations and capital improvement programs.
Follow discipline-specific taxonomy.
Utilize existing data from technology, systems, and agency divisions to support the evaluation of the utility infrastructure.
Sources include:
o Hydraulic modeling programs
o GIS
o SCADA
o Utility billing system
o Enterprise Asset Management
o Growth Management Department’s Comprehensive Planning Section
BEBR-based population data
Collier Interactive Growth Model (CIGM) population data
16.C.7.b
Packet Pg. 2116 Attachment: Attachment 2: 18-7370 Solicitation (10642 : CCWSD Master Plan)
o Lower West Coast Water Supply Plan (latest version)
o Ten Year Water Supply Plan Facilities Work Plan (latest version)
o Historical raw water withdrawal data compiled by the Water Distribution Section
o Historical finished water production data compiled from Monthly Operating Reports (MOR)
o Historical wastewater influent flow data compiled from Discharge Monitoring Reports (DMR)
o Previous master plans, CIP plans, and supplements
o Prior and recent rate studies.
TERM OF CONTRACT
The contract term, if an award(s) is/are made is intended to be for current needs. Prices shall remain firm for the entire term of the
awarded contract.
Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure.
DETAILED SCOPE OF WORK
The deliverables for the project include the performance of engineering services associated with the development and preparation
of the CCWSD Master Plans, including, but not limited to the following:
1. Develop individual CCWSD Master Plans using the adopted vision, mission, and guiding principles to further plan and maintain
compliant potable water, wastewater, and irrigation quality water infrastructure within the current and expanded service areas
within Collier County.
a. Evaluate existing potable water and wastewater level of service standards and validate or recommend updated standards
(gallons per day per capita) and peaking factors for maximum month daily demand/flow (MMDD/F), maximum 3-day daily
demand/flow (M3DD/F), maximum daily demand (MDD), minimum daily demand/flow, and peak hourly flow (PHF).
b. Generate potable water demand forecasts.
c. Generate wastewater flow forecasts.
d. Generate Irrigation Quality (IQ) water demand forecasts.
e. Document supply, capacity, and demand for all systems over the forecast period.
i. Develop sustained, managed, and risk-based compliance measurements.
ii. Evaluate permit requirements (include current renewal requirements, new permits needed, etc.)
iii. Evaluate reliable capacity for all systems using “10-State Standards”, FDEP Regulations, and best industry practices
(including wastewater pump stations).
iv. Develop and evaluate maximum month average day, maximum day, minimum day, maximum 3-day, peak hour, wet season,
and dry season scenarios.
f. Use the provided hydraulic models to acquire results for potable water, wastewater, and IQ water systems using Innovyze
hydraulic modeling software.
g. Integration between the hydraulic model, the population model, and the master plans is preferred, such that the County will
have the ability to model the impact of changes in population, level of service standards and peaking factors.
h. Make recommendations for achieving system capacity and reliability goals based on existing and recommended level of
service standards (consistent with 1.a. above).
i. Incorporate by reference the SCADA, GIS, Asset Management, and IT master plans to ensure coordinated efforts and
inclusion of compliance related issues.
2. Develop Potable Water (including Wellfield/Plant/Distribution), Wastewater (including Collections/Plant), and IQ Water
(including Wellfield/ASR/Supplemental Supplies/Plant/Distribution) CIPs with descriptions in a Microsoft Excel spreadsheet
format that supports sorting and linking. The CIPs shall address and mitigate risks. Each project should include a level of
compliance ranking 1, 2, or 3. Level 1 is sustained compliance, level 2 is managed compliance, and level 3 is risked compliance,
as defined below.
a. Review the CCWSD’s risk-based 5- and 10-year Repair and Replacement CIP Plan, provide feedback and integrate results
into the master plans.
b. Utilize the hydraulic modeling results to develop growth-driven CIP requirements.
c. Provide 5-year CIP recommendations.
i. Develop and prioritize projects based on system evaluations to maintain minimum level of service to existing customers
(e.g., potential pipe upsizing/downsizing, pressure zone development, reliability connections, wellfield
replacement/reliability, etc.).
16.C.7.b
Packet Pg. 2117 Attachment: Attachment 2: 18-7370 Solicitation (10642 : CCWSD Master Plan)
ii. Develop extended IQ water service area based on priorities contained in the Sustainable Integrated Water Resource
Management Strategy Workshop presented to the Board of County Commissioners on November 3, 2015.
iii. Develop a system segmentation plan and projects to define zones for monitoring system performance metrics, such as
potable and IQ water loss, wastewater system infiltration and inflow, transmission/distribution network pressure, flow
rate/velocity, water quality, septicity, pump operation, etc.
iv. Develop programs for energy efficiency, lightning protection, metering, security, power systems, and wastewater basin
rehabilitation.
d. Provide 10-year CIP recommendations.
i. Expand on the 5-year CIP recommendations.
e. Provide water resource recommendations for the next 50 years.
3. Detail the assumptions used to develop deliverables 1 and 2.
4. Assist staff with adoption of the CCWSD master plans.
a. Attend up to six (6) public meetings, including:
i. Productivity Committee
ii. Development Services Advisory Committee (DSAC)
iii. Collier County Board of County Commissioners
b. Assist with preparation of presentations, frequently asked questions (FAQ’s), and other items needed for public meetings.
Attend rehearsals upon request.
5. Coordinate with the County’s contracted rate consultant and special legal counsel, as needed, to confirm all fees (user, impact,
and other) are legally sufficient and meet the intent of the current Board Policy as well as the Florida Administrative Code and
applicable state laws. Provide monthly updates or conference calls on development of deliverable 2.
The CCWSD master plans will serve as the basis for the development of updated rate structures and impact fees and will update
and expand on strategies developed in previous master plans. Recommendations provided in the CCWSD master plans shall be
based on the goal of providing sufficient system capacity to meet projected demands and to provide reliable service.
Level of Compliance Definitions:
Level 1 - Sustained Compliance under which the County manages the best that can be done to achieve the service level that
their customers have expected and continue to expect with no back-ups, no SSOs, no off-site odor emissions, no spills, no off-
site noise emissions, sustained quality-compliant wastewater and water services 24/7/365, with no Consent Orders.
Level 2 - Managed Compliance where the County takes reasonable risks, which results in deferred planned maintenance and
asset management, and taking risk for potential non-compliance letters and enforcement letters where level of service is
sustained based on resources available.
Level 3 - Risked Compliance with almost certain non-compliance with Consent Orders issued. The reliability of the utility
system and the level of service would be compromised with full scale migration toward break-down maintenance resulting in
customer service outage, service interruptions, SSO (spills), back-ups and property damage.
The final scope of services and deliverables will be determined as a result of negotiations with the top ranked firm(s) in accordance
with the CCNA and incorporated into the resultant contract(s). These may or may not include all of the services as described
above, and may also include services identified in the submitted proposal responses and/or as the result of negotiation discussions.
16.C.7.b
Packet Pg. 2118 Attachment: Attachment 2: 18-7370 Solicitation (10642 : CCWSD Master Plan)
16.C.7.cPacket Pg. 2119Attachment: Attachment 3: 18-7370 NORA (10642 : CCWSD Master Plan)
PROFESSIONAL SERVICES AGREEMENT
Contract # 18-7370
for
Public Utilities Water -Sewer District Master Plan
Al CCNA ❑ NON-CCNA
THIS AGREEMENT is made and entered into this day of , 20 by
and between the Board of County Commissioners for Collier County, Florida, Ex -Officio the
Governing Board of the Collier County Water -Sewer District a political subdivision of the State of
Florida (hereinafter referred to as the "COUNTY") and
AECOM Technical Services, Inc. authorized to do business in the State
of Florida, whose business address is 4415 Metro Parkway, Suite 404, Fort Myers, FL 33916
(hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Public Utilities Water -Sewer District Master Plan
(hereinafter referred to as the "Project"), said services being more fully described in Schedule A,
"Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project
to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
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Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
1.5. CONSULTANT designates Ronald R. Cavalieri, P.E., BCEE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
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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
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CONSULTANT for services and/or items necessary to correct the deficiencies directly related to
the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types
listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Change Order or Amendment authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering
life or property, any Additional Services must be approved in writing via a Change Order or an
Amendment to this Agreement prior to starting such services. The COUNTY will not be
responsible for the costs of Additional Services commenced without such express prior written
approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i)
a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by
CONSULTANT that such Work is not additional but rather a part of the Basic Services required
of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is
required because of the action taken by CONSULTANT in response to an emergency, an
Amendment shall be issued to document the consequences of the changes or variations, provided
that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-
eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure
to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it
otherwise may have had to seek an adjustment to its compensation or time of performance under
this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
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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:
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a. The scope of services to be provided and performed by the CONSULTANT hereunder;
b. The time the CONSULTANT is obligated to commence and complete all such services;
or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY's
requirements for the Project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and any
budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Project, including existing drawings, specifications, shop drawings,
product literature, previous reports and any other data relative to the Project;
d. Arrange for access to and make all provisions for CONSULTANT to enter the Project
site to perform the services to be provided by CONSULTANT under this Agreement;
and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform
or give rise to any right to damages or additional compensation from the COUNTY.
CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time
to its schedule provided, however, the granting of any such time extension shall not be a condition
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16.C.7.ePacket Pg. 2120Attachment: Attachment 5: 18-7370 Insurance Requirements (10642 : CCWSD Master Plan)
16.C.7.ePacket Pg. 2121Attachment: Attachment 5: 18-7370 Insurance Requirements (10642 : CCWSD Master Plan)
16.C.7.f
Packet Pg. 2122 Attachment: Attachment 6: 18-7370 AECOM_Insurance_11-19-19 (10642 : CCWSD Master Plan)
16.C.7.f
Packet Pg. 2123 Attachment: Attachment 6: 18-7370 AECOM_Insurance_11-19-19 (10642 : CCWSD Master Plan)