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#19-7637 (Johnson Engineering, Inc.)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management c.c, 9/42 ) 2. County Attorney Office County Attorney Office Velzei 4. BCC Office Board of County 2)5 Commissioners9.)11.41) 4. Minutes and Records Clerk of Court's Office /S) 912-4(aoad a:UM 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was September 8th,2020 Agenda Item Number 11.F. Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 19-7637 JOHNSON number if document is JOHNSON ENGINEERING, to be recorded ENGINEERING, INC INC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 09/08/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The Count . an option for Attorney's Office has reviewed the changes,if applicable. F ��YIi_ " line. 9. Initials of attorney verifying that the attached document is the version approve It [ �;•~.. ILO is not BCC,all changes directed by the BCC have been made,and the document is ready foVh an option for Chairman's signature. t this line. Risk Mana ent PROFESSIONAL SERVICES AGREEMENT Contract # 19-7637 for 41 Golden Gate City Transmission Water Main Improvements Design THIS AGREEMENT is made and entered into this eday of 20 20 by and between the Board of County Commissioners for Collier Count , Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Johnson Engineering, Inc. authorized to do business in the State of Florida, whose business address is 2122 Johnson Street, Fort Myers, FL 33901 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Golden Gate City Transmission Water Main Improvements Design (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Page 1 of 32 PSA_CCNA Single Project Agreement 2017 010 Ver.3 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 Michael Dickey, PE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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(>132 PSA CCNA Single Project Agreement 20I7.010 Ver.3 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_CCNA Single Project Agreement 2017 010 Ver.3 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_CCNA Single Project Agreement 2017.010 Ver.3 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 Page 6 of 32 PSA_CCNA Single Project Agreement 2017 010 Ver.3 CAU 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. Gram Funde --T-he-hsufly-rates as set-forth-and--identified--in-Schedule B,..which is-attached hereto-rare for-purposes-of-providing,esti mate(c);as-required -by-the...grantor ag.enc . Page 7 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 C 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 indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. Page 8 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. Page 9 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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 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. Page 10 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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. 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 Page 11 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. Page 12 of 32 PSA_CCNA Single Project Agreement 2017.0I0 Ver.3 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Engineering & Project Management Division Division Director: Tom Chmelik, Director Address: 3339 Tamiami Trail East, Suite 303 Naples, FL 34112-5361 Administrative Agent/PM: Benjamin Bullert, Project Manager, Principal Telephone: (239) 252-2583 E-Mail(s): Benjamin.BullertAcolliercountyfl.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: Johnson Engineering, Inc. Address: 2122 Johnson Street Fort Myers, FL 33901 Attention Name & Title: Michael Dickey, PE Telephone: (239) 461-2455 E-Mail(s): mdickey@johsoneng.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. Page 13 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 19-7637 , including all Attachment(s), Exhibit(s) &Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. Page 14 of 32 PSA_CCNA Single Project Agreement 2017 010 Ver.3 C ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." 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 Page 15 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 S arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. Page 16 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel,..C.l, k.of Courts & Comptroiter By: r By: )44)1%..,eZeor.004-- Burt L. Saunders Date: 6 , Chairman Attest alto Chairman's signature only. oved as to m nd Legality: )ops_4-f County Attorney Name Consultant: Consultant's Witnesses: Johnson Engineering, Inc. ('fie-- By: "etncer st (An t ` /30Gt Ti far C e V ? €sitt1eai Name and Title Name and Title fitness 49NA/I 46w o rtr-s/per✓T` Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 594 SCHEDULE A SCOPE OF SERVICES 0 following this page (pages through 18) Page 18 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE A-SCOPE OF SERVICES INTRODUCTION The transmission water main work within Golden Gate City includes or may include various quantities of the following public utility components: • Transmission water mains, valves, hydrants, and other appurtenances • Wastewater facilities • Irrigation quality facilities • Electrical and SCADA • Stormwater improvement and treatment concepts, quantity attenuation, storage and runoff rate management and reduction • Roadway • Pathway/sidewalk • Landscaping • Ancillary repair and replacement • Coordination with other construction projects within Golden Gate City designed by other professionals for other Collier County Departments • Other utility relocations and adjustments At this time, the construction projects anticipated for this contract include the following, which may occur concurrently, sequentially, or as funding is available: • Green Boulevard Transmission Water Main Improvements • Santa Barbara Boulevard Transmission Water Main Improvements • Golden Gate Parkway Transmission Water Main Improvements • Sunshine Boulevard Transmission Water Main Improvements Design will primarily consist of water main design and minor drainage improvements such as replacing existing drainage pipes. However, other components listed above may be included if determined necessary during the preliminary design. If other major improvements are necessary, then funds under additional services will be used for these improvements. The Consultant's Design team will provide design project management consisting of, but not limited to,the following: a. Attend progress meetings with the County's Public Utilities Division ("PUD") staff as needed b. Attend public informational meetings with PUD staff as needed c. Graphics/exhibit preparation d. Project phasing for construction Page 1 of 18 e. Progress meeting assistance f. Public meeting assistance g. Project management assistance h. Project management plan preparation i. Public relations assistance j. Infrastructure modeling coordination k. Infrastructure preliminary design 1. Infrastructure design m. Subsurface investigations of underground utilities n. Geotechnical surveys o. Land surveying p. Permitting q. Bid packages r. GIS mapping services s. Construction Services PROJECT OVERVIEW This Project consists of proposed transmission water main improvements located along the roads show in Figure 1 —Project Map highlighted in blue (Green Blvd and Santa Barbara Blvd) and in magenta(Golden Gate Pkwy and Sunshine Blvd) below(collectively, also referred to as"all four roads"). The improvements on these four roads will be divided into two parts: "Green &Santa Barbara" #1 Green Boulevard Transmission Water Main Improvements (approximately 10,500 linear feet of water main) and #2 Santa Barbara Boulevard Transmission Water Main Improvements (approximately 8,800 linear feet of water main) "Golden Gate& Sunshine" #3 Golden Gate Parkway Transmission Water Main Improvements(approximately 11,600 linear feet of water main) and #4 Sunshine Boulevard Transmission Water Main Improvements (approximately 4,900 linear feet of water main) Page 2 of 18 'ivfa r r t�j 1•4 u`j ti Illlll LB `0 r t ...`_}i F� t •...W 4,. . r •9.. 1 • • 7,s —.------ •• of••n Gate ater air — '• 1_,.e. ' I. '. •e,-Green Blvd T,ansrmss,on Water Main E ,.x2-Santa Barbara Blvd Transmission Water Main 4 I,c1 ' _ 3-Golden Gate P y Transmission Water Main r• ir' - �' .• 44 Sunshine Blvd Transmission Water Main 4 ...ill 'itij C . . Mend t Phase 1(Protects n1&N2) ! , A`" T '' @= 5 •' Phase 2(Projects x3&C4) ■■ai yL' . , . •r y• .. fir. J.. .11_.... . . 4. qi.S_ kti.1 l ir. T .. - t r /P; ;i, v....1 7..A• r:i.4 ! 14.1.4 a . .,•......eti,,„.. . _., . 4 i,1;.4.::1:.....,t' il.r ..,,: r. - i CV i-- '-.-' '' . '' •1 46144* . . .. .,Google-EP Figure 1-Project Map Page3of18 SCOPE OF WORK 1.PHASE 1: PRELIMINARY ENGINEERING DESIGN Task 1.1 —Project Start-Up("for all four roads") a. Initial Kick-Off Meeting—The CONSULTANT will organize an initial kick-off meeting with PUD staff to review the project scope,project objectives/goals, project standards and project schedule for completing the work; this effort should also include the review of available fund sources. The CONSULTANT shall prepare a project agenda and written meeting minutes summarizing the discussion and project action plan. • Project Management — CONSULTANT will provide project management and coordination throughout the project with PUD staff, via phone and email correspondence, video conferences, and project coordination with subconsultants, agencies and CONSULTANT staff. b. Utility Master Plans — The CONSULTANT will review the CCWSD's utility master plans prior to the kick-off meeting to determine if any master plan work is required in or around the project area. c. Initial Project Timeline — CONSULTANT will prepare an initial project timeline and submit to PUD staff at the Initial Kick-Off Meeting. The CONSULTANT shall update the schedule throughout the duration of the project and shall provide a copy of the updated schedule to PUD staff at their request. Task 1.2—Hydraulic Analysis Due to project connectivity of the proposed transmission mains, the hydraulic analysis will include all four roads. a. Gather and review record drawings and GIS data of existing utilities within the project corridor. The CONSULTANT will coordinate with PUD staff and Growth Management Division (GMD) staff to obtain archives for available design and/or record drawings and information. County staff to provide readily available record drawings to the CONSULTANT. b. Review the water hydraulic model completed by Carollo, Inc. It is understood that Carollo will provide the transmission main sizing for this project. • Install pressure transducers on the existing mains in strategic locations to compare to model results. • Review Telog recorder data for the two (2) existing Telog recorders stationed in Golden Gate City. • Prepare pressure graphs based upon data collected in the field. • Provide pressure data to Carollo for incorporation into the existing model (and possible calibration by Carollo if needed). • Review result of calibrated model and make recommendations for any additional improvements that may be necessary. Page 4 of 18 • Perform a surge analysis of the system to determine if opening / closing valves during construction has high risk of causing damaging pressure surges. Other transients will be evaluated. Modeling results may result in recommendations for pipe material and surge attenuating devices. • Select and size pressure reducing valves for connections made to the existing Golden Gate water system. Task 1.3—Surveying Services ("for all four roads") a. The CONSULTANT shall collect horizontal and vertical data of existing visible above- ground improvements and existing visible above-ground utilities within the right-of-way of the roadways highlighted in Figure 1. Horizontal data will be in feet and shall be projected on the Florida State Plane Coordinate System, East Zone, NAD83(2011). Vertical data will be in feet and shall be referenced to the North American Vertical Datum of 1988 (NAVD88). The CONSULTANT shall measure cross-sections at 100-foot intervals. b. The CONSULTANT shall establish the right-of-way lines for that part of the above referenced corridors, and adjacent lot lines based on original plats and Collier County geographic information systems linework. c. Submit two (2) full size and one (1) half size copies of the boundary and topographic survey to PUD staff. Submit an AutoCad file (dwg) of the boundary and topographic survey to PUD staff. The boundary and topographic map shall include the latest aerial photography as a background. Task 1.4—Geotechnical Investigation ("for all four roads") a. CONSULTANT will coordinate with SUBCONSULTANT Ardaman & Associates to perform all necessary soil borings. b. Prepare geotechnical investigation report detailing soil conditions, water table elevations, soil classifications, rock elevation and other items that will affect the construction within the project area to install proposed utility line(s). Soil borings shall be completed as per the latest ASTM standards. ➢ Green Boulevard Geotechnical Investigation: • Obtain test boring permits from Collier County. It is assumed that maintenance of traffic (MOT)will not be required therefore MOT is not budgeted. • Layout test boring locations for the various project elements. • Coordinate boring locations with utility companies for potential conflict. • Perform 6 SPT borings to a depth of 40 ft. These borings are proposed for the 2 canal crossings and for the potential road crossing. • Perform 4 Hand Auger borings to a depth of 7 ft. These borings are proposed for the water main alignment. Page5of18 • Review each soil sample obtained in the field exploration program in our laboratory for further identification and assignment of laboratory tests. • Perform the appropriate laboratory tests on selected samples. Anticipated tests are classification tests consisting of natural moisture content, sieve analysis or percent fines, Atterberg limits and/or organic content to aid in soil classification. • Prepare a geotechnical exploration report detailing soil conditions, water table depths, soils classifications,and rock depth, if encountered. ➢ Santa Barbara Boulevard Subsurface Soil Exploration: • Obtain test boring permits from the Collier County. It is assumed that maintenance of traffic (MOT) will not be required therefore MOT is not budgeted. • Layout test boring locations for the various project elements. • Coordinate boring locations with utility companies for potential conflict. • Perform 6 SPT borings to a depth of 40 ft. These borings are proposed for the canal crossing, the road crossing, and the potential road crossing. • Perform 6 Hand Auger borings to a depth of 7 ft. These borings are proposed for the water main alignment. • Review each soil sample obtained in the field exploration program in our laboratory for further identification and assignment of laboratory tests. • Perform the appropriate laboratory tests on selected samples. Anticipated tests are classification tests consisting of natural moisture content, sieve analysis or percent fines, Atterberg limits and/or organic content to aid in soil classification. • Prepare a geotechnical exploration report detailing soil conditions, water table depths, soils classifications, and rock depth, if encountered. ➢ Golden Gate Parkway Subsurface Soil Exploration: • Obtain test boring permits from the Collier County. It is assumed that maintenance of traffic (MOT) will not be required therefore MOT is not budgeted. • Layout test boring locations for the various project elements. • Coordinate boring locations with utility companies for potential conflict. • Perform 5 SPT borings to a depth of 40 ft. These borings are proposed for the 2 canal crossings and for the potential road crossing. • Perform 5 Hand Auger borings to a depth of 7 ft. These borings are proposed for the water main alignment. • Review each soil sample obtained in the field exploration program in our laboratory for further identification and assignment of laboratory tests. • Perform the appropriate laboratory tests on selected samples. Anticipated tests are classification tests consisting of natural moisture content, sieve analysis or percent fines, Atterberg limits and/or organic content to aid in soil classification. Page 6 of 18 • Prepare a geotechnical exploration report detailing soil conditions, water table depths, soils classifications,and rock depth, if encountered. ➢ Sunshine Boulevard Subsurface Soil Exploration: • Obtain test boring permits from the Collier County. It is assumed that maintenance of traffic (MOT) will not be required therefore MOT is not budgeted. • Layout test boring locations for the various project elements. • Coordinate boring locations with utility companies for potential conflict. • Perform 3 SPT borings to a depth of 20 ft.These borings are proposed potential horizontal directional drilling(HDD) installation. • Perform 6 Hand Auger borings to a depth of 7 ft. These borings are proposed for the water main alignment. • Review each soil sample obtained in the field exploration program in our laboratory for further identification and assignment of laboratory tests. • Perform the appropriate laboratory tests on selected samples. Anticipated tests are classification tests consisting of natural moisture content, sieve analysis or percent fines, Atterberg limits and/or organic content to aid in soil classification. • Prepare a geotechnical exploration report detailing soil conditions, water table depths, soils classifications,and rock depth, if encountered. c. CONSULTANT will review and submit two (2) signed and sealed reports to PUD Staff. Task 1.5—Soft Dig Investigation ("for all four roads") The CONSULTANT shall utilize subsurface utility exploration, up to six feet deep,to collect the horizontal and vertical data of underground utilities in the rights of ways listed below. No excavation shall be performed under asphalt or concrete. The CONSULTANT shall provide PUD staff GIS shapefiles for portions of utilities discovered during the subsurface utility exploration. Green and Santa Barbara ➢ #1 -Green Boulevard—8 trenches and 5 potholes. ➢ #2 - Santa Barbara Boulevard— 10 trenches and 3 potholes Golden Gate and Sunshine ➢ #3 - Golden Gate Boulevard— 11 trenches and 5 potholes ➢ #4 - Sunshine Boulevard—3 Trenches and 8 potholes Task 1.6—30% Plans Preparation ("for all four roads") The CONSULTANT shall prepare 30%construction plans. a. Incorporate all record drawings within the project area and the SUE into the 30% construction plans. b. Incorporate the boundary and topographic survey into the 30%construction plans. Page 7 of 18 (- ,r. c. Prepare 30%construction plans detailing the proposed running line within the project area. Include on these plans the survey work, soft dig investigation work, any pertinent geotechnical information, and the aerial photo in the background. The profile view does not need to be completed. d. Submit one (1) full size and three (3) half size of the 30% construction plans at least two (2) weeks prior to the meeting with PUD/GMD Staff. e. Organize and conduct a 30% plan review meeting with PUD/GMD staff to discuss the preliminary construction plans. Revise construction plans as required to reflect PUD/GMD comments. 2. PHASE 2: DESIGN Task 2.1 —Final Design and Permitting Phase("for all four roads") Design meetings with PUD/GMD representatives will be conducted, as requested by the Project Manager, throughout the program to keep staff informed of the project progress, to make certain that the Engineer is productively conducting its consulting services and to obtain input and direction as required for outstanding project issues. A firm day and time will be established for all progress meetings. Meeting objectives will be to provide progress updates and reach decisions on pertinent issues related to the specific topics being addressed. The CONSULTANT will prepare and distribute agendas and minutes for each meeting. The CONSULTANT will incorporate agenda items and meeting minute corrections provided by PUD/GMD staff. Agendas will be submitted to the project team at least two days prior to the meeting. Draft minutes will be submitted by the CONSULTANT to the team no more than two working days after meeting and PUD/GMD staff will provide comments no more than two working days after receipt of draft minutes. a. Based on the accepted 30% construction plans, CONSULTANT will prepare final drawings and specifications, which provide the general scope, extent, and character of the work to be furnished, and performed by the Contractor. CONSULTANT will prepare and submit drawings and specifications at the 60-, 90- and 100-percent complete stages for review and approval. An engineer's opinion of probable construction cost will accompany each submittal. CONSULTANT shall meet with PUD's design and operations staff and obtain their acceptance of the work completed to date. CONSULTANT will submit one(1) full size and three(3)half size of the construction plans to PUD/GMD staff at each stage. b. Technical specifications will be based on the 16-Division format of the Construction Specifications Institute (CSI) in MS Word format. In addition to technical specifications, CONSULTANT will coordinate with PUD/GMD staff to develop necessary General Conditions, Supplemental Conditions, and Special Provisions Specifications specifically for the project being constructed and recollection of all lessons learned of similar completed projects. Standard Collier County Specifications may be used for reference,but the Engineer shall not rely on them as a replacement for sound engineering judgment and Page8of18 (kJ)A responsibility. Current County Right-of-Way construction specifications shall be utilized. Documents shall include drawings and project specifications ready for bidding,consistent with Collier County standards, including, but not limited to, the following or as approved by the PUD/GMD Project Manager: • Cover sheet, index, and key map • Civil Site Plan including fencing and landscaping • Existing Conditions map • Civil Details • Demolition Plan • Infrastructure Plan and Profile • Details • Operational Contingency Plans c. Furnish copies of Contract Documents that include engineering drawings and specifications. Present and review them in person with PUD/GMD staff at the agreed upon completion stages in the project and make appropriate changes requested. d. CONSULTANT will coordinate with material and service providers for anticipated long lead time items and assist PUD in acquiring these items. CONSULTANT will develop and update a project procurement register to be distributed as part of the design meetings. The project procurement register will have a minimum of 6 columns: Item Number, Item Description, Submittal Review Time, Submittal Approval Date, Fabrication and Delivery Duration, and Date Required for Order based on a specified construction completion date. These items are anticipated to include, but not be limited to, PCCP adapters and fittings, Thompson Pipe Group Services, large diameter valves, and other unique materials. e. Prepare permit applications for all GMD's Right-of-Way permits and Insubstantial Change to a Site Improvement Plan when required from Collier County Growth Management Division and respond to requests for additional information. Prepare all other required permit applications. Permitting fees will be paid by PUD directly. f. Prepare a permit application for submittal to the Florida Department of Environmental Protection (FDEP) to construct PWS components and provide backup documentation including drawings and specifications. Respond to all requests for additional information (RAI) from the FDEP Permitting fees will be paid by the CONSULTANT and reimbursed by PUD. g. South Florida Water Management District (SFWMD) Individual permit and dewatering permit. CONSULTANT will assist PUD in applying for an individual dewatering permit from the SFWMD for construction activities at the project sites. CONSULTANT will prepare required SFWMD forms and exhibits, estimate volumes of dewatering effluent, calculate drawdown,prepare a dewatering plan,prepare drawings of dewatering operation, as necessary, and assist with requests for off-site discharge authorization for dewatering effluent. CONSULTANT will respond to up to two (2) RAIs (if applicable). Permitting fees will be paid by the CONSULTANT and reimbursed by PUD. PUD understands that Page 9 of 18 water use permitting is a regulatory function and CONSULTANT cannot guarantee issuance of any permit. h. SFWMD Right of Way Permit: Permit application forms, including required design and survey information and data,will be completed by the CONSULTANT thirty(30)calendar days prior to the 100% review and submitted to the PUD for approval and appropriate signature. The PUD will then submit the Permit Application to the SFWMD after County approval of the 100% plans. Permitting fees will be paid by the CONSULTANT and reimbursed by PUD. i. Application for Florida Department of Environmental Protection (FDEP) Environmental Resource Permit(all four roads): CONSULTANT will map the habitat types/existing land uses within the project area in accordance with the Florida Land Use Cover and Forms Classification System [FLUCFCS (FDOT, 1999)] methodology. CONSULTANT will conduct a threatened and endangered species assessment within the project area in accordance with Florida Fish and Wildlife Conservation Commission(FWC)and U.S.Fish and Wildlife Service (FWS) guidelines. Evidence of listed species usage (e.g. nests, burrows, direct sightings, etc.) will be GPS survey located, and the survey results will be incorporated into the application package, if applicable. CONSULTANT will prepare and submit the FDEP environmental resource permit application.This task assumes the project will qualify for a General Permit in accordance with 62-330.457, F.A.C. The application package will include project narrative; existing conditions habitat/listed species mapping; quadrangle map; soils map; site plan and cross-sectional view drawings. Permitting fees will be paid by the CONSULTANT and reimbursed by PUD. j. Application for Federal — United States Army Corps of Engineers (USACE) Environmental Approval/Permit (All four roads): CONSULTANT shall schedule a meeting and/or coordinate with USACE staff to determine whether a Section 404/10 permit or No Permit Required(NPR)verification shall be required. CONSULTANT shall prepare and submit an USACE application package requesting verification of an NPR Determination or the appropriate permit, as applicable. If a permit is determined to be required by USACE, this task assumes the project will qualify for Nationwide Permit (NWP) 12 or Regional General Permit (RGP) 14 from the USACE. This task includes preparation and submittal of USACE permit application Form 4345_ENG and a desk- based delineation of wetlands and surface waters in the project area. Requests for Additional Information: This task is based on providing responses to up to one(1)request for additional information from USACE staff and reasonable agency acceptance of the project without material objections. Permitting fees will be paid by the CONSULTANT and reimbursed by PUD. k. One Florida Bonneted Bat Roost and Acoustic Survey (All four roads) (*if required): The four transmission main corridors are located within the FWS Consultation Area of the federally endangered Florida bonneted bat (FBB) and may contain habitat considered by the FWS as suitable for an FBB roost site. If requested by Owner Client or regulatory agency personnel, CONSULTANT will conduct an FBB roost and acoustic site survey for one of the four transmission mains in accordance with FWS Consultation Guidelines Page 10 of 18 (Guidelines) dated October 2019. This task includes pedestrian field surveys to identify and GPS survey locate potential FBB roosting habitat (live trees, snags and utility poles with cavities, bark crevices, hollows, etc.) within one of the four transmission main corridors. Structural characteristics that could support an FBB roost will be visually observed using a treetop camera. If required by agency personnel, it is assumed this task shall only be conducted in areas where potential FBB roosting habitat may be removed. Acoustic recorders will be deployed with microphones placed in a manner to maximize detection of bat calls in one of the four transmission main corridors with a maximum linear distance of 2.4 miles. For linear projects (e.g., roadways, transmission lines), the FWS Guidelines recommend a minimum of five detector nights per 0.6 miles.The recorders will record from sunset to sunrise for enough nights to ensure compliance with the Guidelines when weather conditions are suitable and nighttime temperatures are above 65°F. Data will be recorded in full spectrum WAV format, converted to Zero Crossing (ZC) for data analysis and manually screened for species ID and presence of FBB calls. The number of calls attributed to the FBB will be determined and FBB calls within 90 minutes of sunrise or sunset will be noted. The methodology and findings of the FBB roost and acoustic surveys will be summarized in a format suitable to meet the ERP permitting requirements by the regulatory agencies. FWS Guidelines only consider FBB surveys to be valid for 1 year. This task does not include permitting/coordination with agency staff should a roost site be located or FBB calls be identified within 90 minutes of sunrise or sunset. If the regulatory agencies require additional acoustic surveys beyond the one stated herein, or deployment of additional acoustic recorders based on initial survey results,a supplemental task authorization will be needed. The final deliverable will be an FBB survey report summarizing the survey findings. Permitting fees will be paid by the CONSULTANT and reimbursed by PUD It is recognized by the County that permitting is a regulatory function and CONSULTANT does not guarantee issuance of any permit. To avoid project delays and allow flexibility for bidding, the environmental permitting required for all project canal crossings will be performed for all four roads. Assumptions: 1. Species specific surveys (including but not limited to gopher tortoise, Florida bonneted bat, red-cockaded woodpecker, etc.) other than those stated in Task 1C2.1g, state and federal wildlife agency coordination/permitting, management plans or relocations of flora or fauna are outside this scope of services and will require a supplemental agreement, if needed. 2. This estimate assumes no impacts to wetlands or surface waters are required due to horizontal directional drill installation method. 3. This estimate assumes the regulatory agencies have no objections to authorizing all of the canal crossings for the water main transmission projects in Golden Gate City under one state and one federal application. 4. Should USACE Section 408 permitting be required, a supplemental agreement shall be negotiated. Page 11 of 18 5. Mitigation is not anticipated for this project. If required,preparation of a mitigation plan will necessitate a supplemental agreement. 6. Drawings, plans and other work products prepared by Johnson Engineering and submitted as work products for this project will not have to be revised in response to a redesign or re-engineering of the project outside the control of Johnson Engineering. Task 2.2—Bidding and Award Phase ("for all four roads") Except for the following,bid/quote services will be performed by the Collier County Procurement Division. CONSULTANT will assist the County with the following: a. Prepare Minimum Qualifications list for Bidders and provide to the County to include in the Bidding Documents. b. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding Documents. c. Consult with and advise the County as to the acceptability of the contractor and subcontractors, suppliers and other persons and organizations proposed by the Prime Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. d. Consult with the County concerning,and determine the acceptability of,substitute material and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the Bidding Documents. e. Attend a pre-bid/quote conference, Attend the bid opening, review bids, qualifications. f. Provide a recommendation letter of award along with a "Reference Log" showing date, time, and comments of all contacted references provided by the prospective contractor. Task 2.3—Public Involvement("for all four roads") Public involvement includes communicating to all tenants/property owners and interested persons, groups,government organizations,and Committees, information regarding the development of the project.The CONSULTANT will coordinate with the SUBCONSULTANT Cella Molnar,Inc. for all public involvement tasks. Pursuant to Article 10.3 of this Agreement, the CONSULTANT is liable for the acts or omissions of the SUBCONSULTANT. CONSULTANT and SUBCONSULTANT will provide to the COUNTY drafts of all Public Involvement documents (i.e., newsletters, property owner letters, etc.) associated with the following tasks for review and approval prior to printing and/or distribution a. Project planning & coordination with project team: The SUBCONSULTANT will meet initially with the COUNTY and project team to strategize together on project planning with regards to the public and affected parties. Both will coordinate activities so that the SUBCONSULTANT can pro-actively notify the public. Page 12 of 18 b. Prepare mailing list database: The SUBCONSULTANT shall identify of residents and businesses in the project area, permit and review agencies, property owners and tenants adjacent to or within the five hundred (500) feet of the project and other interested parties that may be designated by the Count and prepare a mailing database of all such entities. The database will be added to and/or updated on an as-needed basis. c. Prepare email database: The SUBCONSULTANT shall identify of residents and businesses in the project area, permit and review agencies, property owners and tenants adjacent to or within the three hundred(300)feet of the project and other interested parties that may be designated by the County and prepare an email database of all such entities. The database will be added to and/or updated on an as-needed basis. d. Attendance at Coordination Meetings with County Staff/Officials: The SUBCONSULTANT shall attend meetings with COUNTY staff for briefings to elected officials. e. Secure meeting sites: The SUBCONSULTANT will investigate potential meeting sites to advise the COUNTY on their suitability. The COUNTY will pay all costs for meeting site rentals. f. Newsletters (2): The SUBCONSULTANT shall prepare newsletter for distribution to elected officials, public officials, property owners along the corridor, review committee members and other interested parties. The newsletters will be sent by the SUBCONSULTANT. Prepared in English and Spanish. g. Preparation of press release: The SUBCONSULTANT shall provide press releases to announcing the public meeting. Prepared in English and Spanish. h. Advanced notification: The SUBCONSULTANT shall prepare a notification letter to elected officials/agencies,property owners and interested parties.Prepared in English and Spanish. i. Variable Message Boards/Neighborhood Signs: The SUBCONSULTANT shall communicate and coordinate with the Contractor on information for variable message boards and neighborhood signs. 3.PHASE 3: CONSULTATION SERVICES DURING CONSTRUCTION Task 3.1 —Construction Administration ("for all four roads") a. Pre-Construction Meeting—The CONSULTANT will chair the pre-construction meeting to review the project scope, discuss project submittals and identify issues that need to be addressed prior to the project starting.The CONSULTANT will prepare a DRAFT Agenda at least two business days in advance of the pre-construction meeting and issue written meeting notes identifying a summary of the discussion,conclusions and any risks that have Page 13 of 18 been encountered or are expected,within two days after the meeting to the Project Delivery Team. b. Construction Progress Meetings — The CONSULTANT will chair the weekly/bi-weekly progress meetings to review project status and identify issues that may affect the Project. The CONSULTANT will prepare a DRAFT Agenda at least two business days in advance of each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected, within two days after the meeting to the Project Delivery Team. c. Shop Drawing Reviews — CONSULTANT shall review and approve (or take other appropriate action in respect of) Shop Drawings, Samples and other data which Contractor is required to submit, but only for conformance with the design information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Review of a specific item shall not indicate the CONSULTANT has reviewed the entire assembly of which the item is a component. CONSULTANT shall not be required to review partial submissions or those for which submissions of correlated items have not been received. CONSULTANT shall maintain a complete log of all submittals of shop drawings, noting the dates of first submittal and subsequent reviews and resubmittals, approval, etc. d. As-Equal Materials — CONSULTANT shall evaluate and determine the acceptability of substitute or"or-equal"materials and equipment proposed by Contractor. e. Project Schedule—The CONSULTANT shall be responsible for the review and acceptance of the Contractor's progress schedule. The CONSULTANT shall review the schedule to ensure that all general work efforts are addressed, that the schedule is following a logical approach to the job, that it is following sound engineering and construction practices and that it identifies all critical path work. The CONSULTANT shall monitor the schedule on a monthly basis, and after a review with the Contractor, advise the Project Manager of any areas where the Contractor appears to be falling behind. f. Project Pay Applications — The CONSULTANT shall review and approve/reject any payment requested by the contractor in an Application for Payment before the pay application is submitted to the Clerk's office. Payment shall constitute a representation by the CONSULTANT to PUD based on the Construction inspector's on-site observations of the work in progress as an experienced and qualified construction professional and on the CONSULTANT review of the applications for payment and the accompanying data and schedules that the work has progressed to the point indicated; that to the best of the CONSULTANT's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents and that the Contractor is entitled or is not entitled to the payment of the amount recommended. The CONSULTANT will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay Page 14 of 18 requests processed by the CONSULTANT shall be mechanically stamped or electronically stamped and document made read-only with the date received. g. Request for Information — CONSULTANT shall review and respond to all Requests for Information(RFI's)that the Contractor submits. If required by PUD staff,CONSULTANT shall revise construction plans based on response to RFI. CONSULTANT shall maintain a complete log of all RFIs, noting the dates of first submittal and subsequent reviews and resubmittals, approval, etc. h. Change Orders& Work Directives—CONSULTANT shall prepare all Change Orders and Work Directives during the project for the Project Manager's review and approval. A log of all change orders and work directives will be maintained and provided at every update meeting. i. Review the pre-construction video and pictures assessment book provided by the selected contractor. Generate a list of issues and submit to the Project Manager no later than two (2) business days after receiving the materials from the contractor. j. Material Testing Records — Maintain records of all density, sampling and testing accomplished and analyze such records required to ascertain acceptability of materials and completed work items. The field reports for records of work and testing results shall be submitted within one week to the Project Manager. k. Preparation of Monthly Report—CONSULTANT shall prepare a monthly report of all the construction activity completed. Sections in the report should include, but not be limited to,Executive Summary,Contract Cost Status,Project Schedule,Critical Issues,RFI Status, Submittal Status, Allowance Log, Project Payment Application and Observation Reports and Project Photos. 1. Permit Requirements — CONSULTANT shall monitor the construction contract to the extent necessary to determine whether construction activities violate the requirements of any permits. CONSULTANT shall notify the Contractor of any violations or potential violations and require immediate resolution of the problem. Violations must be reported to the Project Manager immediately. m. Certifications—The CONSULTANT shall prepare and submit certification packages to all regulatory agencies for the completed sections of the CCWSD'S water and wastewater systems. n. Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment,"the CONSULTANT will provide a signed and sealed certification stating that the Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the CONSULTANT. All services related to the Final Construction Certification shall be provided to the Project Manager of the Project. Page 15 of 18 ) o. Asset Management Record Information—CONSULTANT shall provide all information in the electronic format stipulated by PUD staff required to populate the PUD's GIS and Asset Management system in place at the time of project completion. p. Final Project Submittal — CONSULTANT shall provide PUD with one complete file, itemized, and indexed,of all project related records at the conclusion of the Project. Task 3.2—Public Involvement ("for all four roads") Public involvement includes communicating to all tenants/property owners and interested persons, groups,government organizations,and Committees,information regarding the development of the project.The CONSULTANT will coordinate with the SUBCONSULTANT Cella Molnar,Inc. for all public involvement tasks. Pursuant to Article 10.3 of this Agreement. the CONSULTANT is liable for the acts or omissions of the SUBCONSULTANT. CONSULTANT and SUBCONSULTANT will provide to the COUNTY drafts of all Public Involvement documents (i.e., newsletters, property owner letters, etc.) associated with the following tasks for review and approval prior to printing and/or distribution. a. Attendance at all Contractor& Subcontractor Bi-Weekly/Weekly Progress Meetings: The SUBCONSULTANT shall attend project progress meeting to obtain the most up-to-date information from the contractor on the status of the project. b. Preparation of press release, media/media interviews: At the beginning of and throughout the project as needed, The SUBCONSULTANT shall provide press releases to media and assist with media interviews. Press release and media materials will be prepared in English and Spanish. c. Prepare and distribute Project Contact Cards: The SUBCONSULTANT shall prepare a project contact card to include hotline number and website, which will be distributed throughout the project. Prepared in English and Spanish. d. Onsite visits: The SUBCONSULTANT shall schedule and attend onsite meetings with property owners/tenants to discuss their concerns. e. Preparation of Roadwatch/construction updates: At the beginning of and throughout the project as needed, The SUBCONSULTANT shall provide Roadwatch reports and construction updates to the COUNTY. Prepared in English and Spanish. f. Preparation of materials,MOT information&maps,flyers:The SUBCONSULTANT shall prepare maps and flyers depicting maintenance of traffic affected the public including local detours. Prepared in English and Spanish. g. Two public meetings during Construction. h. Prepare advertisements (legal ad) (2): The SUBCONSULTANT will prepare a public information meeting advertisement to be placed in the Naples News. Prepared in English and Spanish. Page 16 of 18 i. Development, preparation of meeting materials: The SUBCONSULTANT shall prepare the necessary materials for use in public meeting including materials such as hand-outs, scripts or agenda for presentation, graphics for presentation (to be mounted on boards district specify),briefing and debriefing of COUNTY staff, displays of plans and report(s) for the public display, etc. Prepared in English and Spanish. j. Attendance, Setup and Breakdown at Public Information Workshop: The SUBCONSULTANT shall schedule and attend one public meeting,assisting with meeting setup and breakdown. k. Tech Memorandum: The SUBCONSULTANT shall also prepare a summary of the public meeting that includes all copies of all materials shown or provided at the public meeting. The summary shall also include a listing of all written comments made during or after the meeting and responses to those written comments in the form of a meeting summary. 1. The SUBCONSULTANT may be required to attend small group meeting including stakeholders, homeowner's associations, civic and business organizations. m. Advance notification of construction activities: Upon notification by the contractor, the SUBCONSULTANT will provide advance notification of construction activities to property owners/tenants. Prepared in English and Spanish. n. Advance notification of access/driveway changes: The SUBCONSULTANT shall communicate and coordinate with all impacted property owners and tenants along the project all driveway notices including driveway crossings and restorations. Project contact information will appear on the notices. Prepared in English and Spanish. o. Notification to EMS/Fire Station & Services: At the beginning of the project, the SUBCONSULTANT shall identify appropriate Emergency Medical Services and other household services personnel and prepare an email list of all such entities. The SUBCONSULTANT shall notify EMS, Fire Station and Services of all construction updates. Prepared in English and Spanish. p. Develop and maintain project website (5 pages)—English: The SUBCONSULTANT will prepare and maintain a project web site to provide information on project events, construction progress maps and status. The SUBCONSULTANT will provide a page to respond to questions and solicit email for a list of interested stakeholders in order to provide progress and/or informational electronic mailings. q. Develop and maintain project website (5 pages)—Spanish: The SUBCONSULTANT will prepare and maintain a Spanish project website to provide information on project events, construction progress maps and status. The SUBCONSULTANT will provide a page to respond to questions and solicit email for a list of interested stakeholders in order to provide progress and/or informational electronic mailings.This website will have a link on the main project website. Page 17 of 18 r. Respond& record requests/concerns from the public—at the beginning of the project, the SUBCONSULTANT shall establish a 24-hour telephone hotline and shall maintain and record all calls throughout the project. Task 3.3—Warranty Services ("for all four roads") The CONSULTANT will provide warranty services for one (1)year after the final completion of the project construction for Phase 1 and Phase 2 listed below. Work under this item is to include, but not be limited to,the following: a. Post Construction walk thru: Generate a list of warranty issues and coordinate with the contractor and residents until the issues are solved. b. Review the post construction video and pictures provided by the contractor. c. Keep a log of all warranty issues. d. One (1) Year Warranty walk thru with the contractor and County Staff. ADDITIONAL SERVICES Additional Services (only as authorized in writing) — In accordance with Article Two of this Agreement; CONSULTANT shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed,time to complete,compensation,and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the Project Manager in writing in advance of performance of said Additional Services. Failure to notify the Project Manager in writing of Additional Services shall be deemed a waiver of claim by the CONSULTANT that such services were Additional Services. REIMBURSABLE EXPENSES CONSULTANT will be reimbursed for the direct costs incurred for permit fees, plotting plans, copies,prints,and other expenses in support of the tasks outlined above and per Schedule B of the attached Agreement. These costs will be itemized as they are incurred. Page 18 of 18 S SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To- Exceed' SEE ATTACHED FEE SUMMARY $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $200,552.00 $ Total Time and Materials Fee $ $1,192,553.06 GRAND TOTAL FEE $1,393,105.06 $ $ Page 19 of 32 PSA_CCNA Single Project Agreement 2017 010 Ver.3 ATTACHMENT TO SCHEDULE B FEE SUMMARY #1 GREEN BLVD TRANSMISSION WATER MAIN IMPROVEMENTS & #2 SANTA BARBARA BLVD TRANSMISSION WATER MAIN IMPROVEMENTS 1. TASK 1: PRELIMINARY ENGINEERING DESIGN Task Description Fee Amount Fee Type 1.1 PROJECT START-UP #1 Green Blvd $ 13,000.00 LS #2 Santa Barbara Blvd $ 11,144.00 LS DELIVERABLES: • Kick Off Meeting Agenda with Sign In Sheet • Kick Off Meeting Minutes discussing project action plan • Initial Project Timeline and updated schedules as requested 1.2 HYDRAULIC ANALYSIS (Includes all four roads) #1  Green Blvd & Santa Barbara Blvd $ 25,240.00 LS #3  Golden Gate Pkwy &Sunshine Blvd $ 25,240.00 LS DELIVERABLES: • Modeling results of surge analysis with potential recommendations for pipe material and surge attenuating devices. 1.3 SURVEYING SERVICES #1 Green Blvd $ 27,656.00 LS #2 Santa Barbara Blvd $ 29,506.00 LS DELIVERABLES: • Boundary and Topographic surveys (2 full size, 1 half size and AutoCad files (dwg)with latest aerial photography as background. 1.4 GEOTECHNICAL INVESTIGATION #1 Green Blvd $ 11,517.00 T&M #2 Santa Barbara Blvd $ 11,816.00 T&M 1.5 SOFT DIG INVESTIGATION #1 Green Blvd (8 trenches and 5 potholes) $ 26,212.00 T&M #2 Santa Barbara Blvd (10 trenches and 3 potholes) $ 31,354.00 T&M 1.6 30% PLANS PREPARATION #1 Green Blvd $ 37,882.00 T&M #2 Santa Barbara Blvd $ 32,272.00 T&M 2. TASK 2: DESIGN (Permitting for all four roads except GMD ROW permitting) 2.1 FINAL DESIGN AND PERMITTING PHASE #1 Green Blvd $ 67,699.00 T&M #2 Santa Barbara Blvd $ 62,053.00 T&M 2.2 BIDDING AND AWARD PHASE #1 Green Blvd $ 5,679.00 T&M #2 Santa Barbara Blvd $ 5,679.00 T&M 2.3 PUBLIC INVOLVEMENT #1 Green Blvd $ 31,800.57 T&M #2 Santa Barbara Blvd $ 28,455.84 T&M ATTACHMENT TO SCHEDULE B Page I of 3 JUNE 18,2020 3. TASK 3: CONSULTATION SERVICES DURING CONSTRUCTION 3.1 CONSTRUCTION ADMINISTRATION #1 Green Blvd $ 49,825.00 T&M #2 Santa Barbara Blvd $ 42,443.00 T&M 3.2 PUBLIC INVOLVEMENT #1 Green Blvd $ 12,932.08 T&M #2 Santa Barbara Blvd $ 12,482.08 T&M 3.3 WARRANTY SERVICES #1 Green Blvd $ 4,926.00 T&M #2 Santa Barbara Blvd $ 4,926.00 T&M ADDITIONAL SERVICES #1 Green Blvd $ 75,000.00 T&M #2 Santa Barbara Blvd $ 75,000.00 T&M #1 GREEN BLVD AND #2 SANTA BARBARA BLVD SUMMARY FEE FEE AMOUNT TYPE #1 GREEN BLVD WATER MAIN TRANSMISSION IMPROVEMENTS $ 389,368.65 T&M/ LS #2 SANTA BARBARA BLVD WATER MAIN TRANS. IMPROVEMENTS $ 372,370.92 T&M/ LS #1 GREEN BLVD REIMBURSABLE EXPENSES $ 7,087.50 T&M #2 SANTA BARBARA BLVD REIMBURSABLE EXPENSES $ 7,087.50 T&M #1 GREEN BLVD AND #2 SANTA BARBARA BLVD TOTAL $ 775,914.57 T&M/LS #3 GOLDEN GATE PKWY TRANSMISSION WATER MAIN IMPROVEMENTS & #4 SUNSHINE BLVD TRANSMISSION WATER MAIN IMPROVEMENTS 1. TASK 1: PRELIMINARY ENGINEERING DESIGN Task Description Fee Amount Fee Type 1.1 PROJECT START-UP #3 Golden Gate Pkwy $ 16,000.00 LS #4 Sunshine Blvd $ 8,144.00 LS DELIVERABLES: • Kick Off Meeting Agenda with Sign In Sheet • Kick Off Meeting Minutes discussing project action plan Initial Project Timeline and updated schedules as requested 1.3 SURVEYING SERVICES #3 Golden Gate Pkwy $ 29,506.00 LS #4 Sunshine Blvd $ 15,116.00 LS DELIVERABLES: • Boundary and Topographic surveys (2 full size, 1 half size and AutoCad files (dwg)with latest aerial photography as background. 1.4 GEOTECHNICAL INVESTIGATION #3 Golden Gate Pkwy $ 9,915.25 T&M #4 Sunshine Blvd $ 4,253.40 T&M 1.5 SOFT DIG INVESTIGATION #3 Golden Gate Pkwy $ 34,806.00 T&M #4 Sunshine Blvd $ 12,280.00 T&M 1.6 30% PLANS PREPARATION #3 Golden Gate Pkwy $ 34,560.00 T&M #4 Sunshine Blvd $ 29,440.00 T&M ATTACHMENT TO SCHEDULE B Page 2 of 3 JUNE 18,2020 2. TASK 2: DESIGN 2.1 FINAL DESIGN AND PERMITTING PHASE #3 Golden Gate Pkwy $ 49,166.00 T&M #4 Sunshine Blvd $ 24,930.00 T&M 2.2 BIDDING AND AWARD PHASE #3 Golden Gate Pkwy $ 5,679.00 T&M #4 Sunshine Blvd $ 5,679.00 T&M 2.3 PUBLIC INVOLVEMENT #3 Golden Gate Pkwy $ 28,455.84 T&M #4 Sunshine Blvd $ 28,455.84 T&M 3. TASK 3: CONSULTATION SERVICES DURING CONSTRUCTION 3.1 CONSTRUCTION ADMINISTRATION #3 Golden Gate Pkwy $ 60,000.00 T&M #4 Sunshine Blvd $ 32,268.00 T&M 3.2 PUBLIC INVOLVEMENT #3 Golden Gate Pkwy $ 12,482.08 T&M #4 Sunshine Blvd $ 12,482.08 T&M 3.3 WARRANTY SERVICES #3 Golden Gate Pkwy $ 4,926.00 T&M #4 Sunshine Blvd $ 4,926.00 T&M ADDITIONAL SERVICES #3 Golden Gate Pkwy $ 75,000.00 T&M #4 Sunshine Blvd $ 75,000.00 T&M FEE #3 GOLDEN GATE & #4 SUNSHINE SUMMARY FEE AMOUNT TYPE #3 GOLDEN GATE PKWY WATER MAIN TRANSMISSION IMPROVEMENTS $ 360,496.17 _ T&M/ LS #4 SUNSHINE BLVD WATER MAIN TRANSMISSION IMPROVEMENTS $ 252,974.32 T&M/LS #3 GOLDEN GATE REIMBURSABLE EXPENSES $ 1,860.00 T&M #4 SUNSHINE REIMBURSABLE EXPENSES $ 1,860.00 T&M #3 GOLDEN GATE & #4 SUNSHINE TOTAL $ 617,190.49 T&M/ LS PROJECT SUMMARY FEE FEE AMOUNT TYPE GREEN AND SANTA BARBARA TOTAL $ 775,914.57 T&M/LS GOLDEN GATE AND SUNSHINE TOTAL $ 617,190.49 T&M/ LS PROJECT TOTAL $ 1,393,105.06 T&M/LS ATTACHMENT TO SCHEDULE B Page 3 of 3 JUNE 18,2020 (4D) B.2.2. **Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ❑■* Lump Sum Fees: The fees noted in Section 2.1. 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.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 'CC J�G 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. Page 21 of32 PSA_CCNA Single Project Agreement 2017 010 Ver.3 0 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 22 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 ;CA SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $238 Senior Project Manager $201 Project Manager $165 Senior Engineer $175 Engineer $136 Senior Inspector $117 Inspector $96 Senior Planner $164 Planner $130 Senior Designer $128 Designer $109 Environmental Specialist $120 Senior Environmental Specialist $156 Scientist/Geologist $115 Senior Scientist/Geologist $156 Marine Biologist/Hydrogeologist $133 Senior Marine Biologist/Hydrogeologist $169 Senior GIS Specialist $149 GIS Specialist $114 Clerical/Administrative $73 Technician $83 Surveyor and Mapper $142 CADD Technician $95 Survey Crew - 2 man $152 Survey Crew - 3 man $185 Survey Crew - 4 man $218 Senior Architect $177 Architect $148 Subsurface Utility Exploration (3-man crew + StarVac Truck at$105 per hour) $290 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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 Task 1 (Phase 1) Preliminary Engineering Design 120 Task 2 (Phase 1) Design 364 Task 3 (Phase 1) Consultation Services During Construction 1,095 Task 1 (Phase 2) Preliminary Engineering Design 2,190 Task 2 (Phase 2) Design 2,190 Task 3 (Phase 2) Consultation Services During Construction 2,190 Page 24 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 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_CCNA Single Project Agreement 2017.010 Ver.3 CA 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 I 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 $ 1,000,000 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 n No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? I I Yes • No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? ■ Yes 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, Page 26 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 l 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? Yes • 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 Yes IN No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? IN Yes No Business Auto Liability: Coverage shall have minimum limits of $1,000,000 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_CCNA Single Project Agreement 2017.010 Ver.3 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 IU 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? I■I Yes I I 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_CCNA Single Project Agreement 2017.010 Ver.3 \f� 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_CCNA Single Project Agreement 2017.010 Ver.3 CAO' SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Johnson Engineering, 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 " Golden Gate City Transmission Water Main Improvements Design "project is accurate, complete and current as of the time of contracting. BY: ilitirsiTISV TITLE: Vi 62 - I ireSi44 DATE: r7-20 Page 30 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 9 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Michael Dickey Principal 7% Mark Thomas Senior Engineer 2% William Saum Engineer 32% Michael Tiseo Senior Designer 16% Travis Means Designer 14% Mark Texter Surveyor and Mapper 2% Survey -3 Crew Survey -3 Crew 7% John Curtis Senior Environmentalist 3% Kim Arnold Senior Scientist 1 Lisa Baughman Clerical/Administrative 8% Subsurface Utility Exploration Crew Subsurface Utility Exploration 5% Jared Brown Senior Engineer 1% Page 31 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 SCHEDULE G Other: (Description) E following this page (pages through ) F. this schedule is not applicable Page 32 of 32 PSA_CCNA Single Project Agreement 2017.010 Ver.3 AC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) ‘.......--- 9/8/2020 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 CONTACT BKS Partners NAME: Yantza Soto P.O. Box 60043 NC,NNo,Ext):239-931-3021 FAX No):239-931-5604 Fort Myers FL 33906-6043 ADDRESS: yaritza.soto@bks-partners.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Cas Co of Reading PA 20427 INSURED JOHNS05 INSURER B:Continental Insurance Company 35289 Johnson Engineering, Inc. INSURER Valley Forge Box 2112 Insurance Co. 20508 Fort Myers FL 33902-2112 INSURER D:Continental Casualty Company 20443 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:279950749 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD SUBRQ POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDDIYYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y 4027219232 9/15/2020 9/15/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $15,000 X , XCU PERSONAL&ADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 5084100207 9/15/2020 9/15/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X PIP PIP $10,000 B X UMBRELLA LIAB X OCCUR 4034928401 9/15/2020 9/15/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$infirm $ C WORKERS COMPENSATION WC434939852 9/24/2020 9/24/2021 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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 I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT:Collier County—Golden Gate City Transmission Water Main Improvements Design, RPS No. 19-7637 Collier County is listed as additional insured with respect to general liability,as per endorsement CNA75079XX.A waiver of subrogation applies to the general liability policy. 30 days notice of cancellation applies except 10 days for nonpayment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 4027219232 Page 1 of 2 Endorsement No: 7 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/15/2019 Insured Name: JOHNSON ENGINEERING, INC. Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 4027219232 Page 2 of 2 Endorsement No: 7 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/15/2019 Insured Name: JOHNSON ENGINEERING, INC. Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2 . WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (10-16) Policy No: 4027219232 Page 1 of 1 Endorsement No: 9 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/15/2019 Insured Name: JOHNSON ENGINEERING, INC. Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.