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Agenda 07/13/2021 Item #16A31 (RPS #20-7818 w/Johnson Engineering)
07/13/2021 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services (“RPS”) No. 20-7818, “Design Services for Upper Gordon River Improvements,” to Johnson Engineering, Inc., in the total amount of $1,024,166, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendments. (Project No. 60102) OBJECTIVE: To obtain professional engineering services by Johnson Engineering, Inc. for Design Services for Upper Gordon River Improvements. CONSIDERATIONS: The Upper Gordon River Stormwater Management System requires improvements to enhance the conveyance capacity of stormwater flow through the Gordon River to the receiving waters of Naples Bay, and reduce flooding in residential and commercial developments in the basin. This project will consist of professional engineering services for the design of several structural measures, including but not limited to, clearing of exotic vegetation, building a maintenance access travel way, dredging of the river channel, reinforcing the banks, and replacing an existing rock weir with an automated concrete gated weir. On April 27, 2021 (Agenda Item 16.A.9), the Board approved the selection committee’s ranking of consultants for RPS No. 20-7818, “Design Services for Upper Gordon River Improvements,” and authorized staff to begin negotiations with the top-ranked firm, Johnson Engineering, Inc. (“Johnson”), to bring a proposed agreement back for Board approval. Johnson Engineering, Inc. is a southwest Florida based engineering firm doing business since 1946, specializing in analysis and design of stormwater and flood control/drainage facilities, stream and river restoration, ditch and canal bank stabilization, environmental permitting, inspection services, along with GIS and remote sensing analysis for water resources projects. Staff negotiated and reached the attached proposed agreement with Johnson Engineering, Inc., in a contract amount not to exceed $1,024,166 for engineering design and post-design bid-related services. The scope of work for this project includes providing civil engineering design, surveying, hydrologic and hydraulic modeling, geotechnical engineering, permitting, public outreach, and post design services to enhance the conveyance capacity of stormwater flow through the Gordon River to the receiving waters of Naples Bay, and reduce flooding in residential and commercial developments in the basin. FISCAL IMPACT: The total amount of this agreement is $1,024,166. A budget amendment, in the amount of $1,024,166, is required to transfer funds within Stormwater Bond Fund (327) Reserves to Project 60102. Source of funding is stormwater bond revenue. There is no incremental maintenance cost associated with this design action. Incremental maintenance costs will be addressed at the time of award of the planned construction contract. GROWTH MANAGEMENT IMPACT: This item has no impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award RPS No. 20-7818, “Design Services for Upper Gordon River Improvements,” to Johnson Engineering, Inc., in the total amount of $1,024,166, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendments. Prepared by: Mark Zordan, Stormwater Maintenance Manager, Capital Project Planning, Impact Fees & Program Management Division 16.A.31 Packet Pg. 982 07/13/2021 ATTACHMENT(S) 1. [Linked] 20-7818 JohnsonEngineering_Contract_Vendor signed (PDF) 2. 20-7818 Johnson COI (PDF) 16.A.31 Packet Pg. 983 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.31 Doc ID: 16368 Item Summary: Recommendation to award Request for Professional Services (“RPS”) No. 20- 7818, “Design Services for Upper Gordon River Improvements,” to Johnson Engineering, Inc., in the total amount of $1,024,166, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendments. (Project No. 60102) Meeting Date: 07/13/2021 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Mark Zordan 06/25/2021 3:34 PM Submitted by: Title: Division Director - IF, CPP & PM – County Manager's Office Name: Amy Patterson 06/25/2021 3:34 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 06/27/2021 8:53 PM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 06/28/2021 1:37 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 06/28/2021 1:46 PM Growth Management Department Jeanne Marcella Growth Management Department Completed 06/28/2021 3:34 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/29/2021 8:49 AM Procurement Services Evelyn Colon Additional Reviewer Completed 07/01/2021 5:12 PM Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 07/02/2021 11:41 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 12:14 PM Growth Management Department Lisa Abatemarco Additional Reviewer Completed 07/02/2021 12:22 PM Growth Management Department James C French Growth Management Skipped 06/25/2021 6:11 PM Grants Valerie Fleming Level 2 Grants Review Completed 07/02/2021 1:10 PM Growth Management Department Trinity Scott Transportation Completed 07/02/2021 1:45 PM Grants Carrie Kurutz Additional Reviewer Completed 07/02/2021 2:10 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 07/05/2021 11:15 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2021 8:26 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/06/2021 8:30 AM 16.A.31 Packet Pg. 984 07/13/2021 Grants Therese Stanley Additional Reviewer Completed 07/06/2021 9:11 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 07/06/2021 10:03 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:33 AM Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM 16.A.31 Packet Pg. 985 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 1/15/2021 BKS PartnersP.O.Box 60043FortMyersFL33906-6043 Yaritza Soto 239-931-3021 239-931-5604 yaritza.soto@bks-partners.com American Cas Co of Reading PA 20427 JOHNS05 Continental Insurance Company 35289JohnsonEngineering,Inc.PO Box 2112FortMyersFL 33902-2112 Valley Forge Insurance Co.20508 Continental Casualty Company 20443 1895813117 A X 1,000,000 X 100,000 15,000 X XCU 1,000,000 2,000,000 X X Y 4027219232 9/15/2020 9/15/2021 2,000,000 D 1,000,000 X X X X PIP 5084100207 9/15/2020 9/15/2021 PIP 10,000 B X X 5,000,00040349284019/15/2020 9/15/2021 5,000,000 X 10,000 C X N WC434939852 9/24/2020 9/24/2021 1,000,000 1,000,000 1,000,000 PROJECT:Collier County Design Services for Upper Gordon River Improvements,RPS No.20-7818.Collier County Board of County Commissioners is included as additional insured with respect to general liability on a primary and noncontributory basis,as perendorsementCNA75079XX.30 days notice of cancellation applies except 10 days for nonpayment. Collier County Board of County Commissioners3295TamiamiTrailEast,Bldg.C-2NaplesFL34112 16.A.31.b Packet Pg. 986 Attachment: 20-7818 Johnson COI (16368 : RPS No. 20-7818 Upper Gordon River Improvements) 77 Equal Opportunity/Affirmative Action Employer Collier County Design Services for Upper Gordon River Improvements RPS No. 20-7818 | January 15, 2021 5. FormsCollier County ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/15/2021 (321) 445-1117 (321) 445-1076 32603 Johnson Engineering, Inc.2122 Johnson St.Fort Myers, FL 33901 A Professional Liab AEC-9039448-05 9/15/2020 Per Claim 2,000,000 A Pollution Liab AEC-9039448-05 9/15/2020 9/15/2021 Aggregate 2,000,000 RE: Collier County Design Services for Upper Gordon River Improvements, RPS No. 20-7818. 30 Day Notice of Cancellation, except for 10 days for non-payment. Collier County 3295 Tamiami Trail East, Bldg C-2 Naples, FL 34112 JOHNENG-01 BBROWN JCJ Insurance Agency, LLC2208 Hillcrest StreetOrlando, FL 32803 Berkley Insurance Company 9/15/2021 16.A.31.b Packet Pg. 987 Attachment: 20-7818 Johnson COI (16368 : RPS No. 20-7818 Upper Gordon River Improvements) PROFESSIONAL SERVICES AGREEMENT Contract # 20-7818 for Design Services for Upper Gordon River Improvements THIS AGREEMENT is made and entered into this day of , 20 21 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Johnson Engineering, Inc. authorized to do business in the State of Florida, whose business address is 2122 Johnson Street, Fort Myers, FL 33991 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR") WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Services for Upper Gordon River Improvements (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, M 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. Page ! of 32 PSA_CCNA 5ing1c Project Agreemenl_Ver.4 C� 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4, The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Erik Howard, PE, PSM 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 subconsuitants 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 Z of 32 11.SAI CCNA Single Projrci Aucement_VerA r ,, Division of Communications, Governement and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest@colliercountyfl.gov 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. #f 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. Ail 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 Page 3 ❑ f 32 11SA C'CNA Single Nruject ALIcement-Ver,4 (CA 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 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 ❑GN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NA❑ 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 f', «c 4 o l' 3? PSA CCNA Single t'ro}e�i ,IgrCement_Vcr.d r% this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, 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. 2.1.3 Providing renderings or models for the COUNTY's use. 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing- 2-1-5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 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. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 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). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE 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 Page 5 of 32 1'sA_CCNA Single Ili gicu Ag%t:mt:nt_Ver.4 CAD authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever; a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the 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 Page 6 o f 3? i'tiA_C'CNA single Pmjeet Agreenttnt_G'cr 4 0A( 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 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. 4A. 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 fight 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. Page 7 of'32 PS CCNA 5inglc Project AErecmenI Ver.41 ctf)) 5.2. The hourly rates as set forth and identified in Schedule B. which is attached hereto, shall apply only to tastes procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. 0 Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto. are for purposes of providing estimates), as required by the grantor agency. 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 orAutoCAD 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 Protect 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 Page 8 a1'32 PSA_CCNA Single ProJecct Aprccmeni_VerA C AC) CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. 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 ally 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. Ali 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. Page 9 of 32 P5A_CCNA Single Project Agreement Ver-4 Eck) 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 'age 10 oi' 32 PSA_CCNA Singly Prk ji"( Agrcement_Vrr.4 1 11.1. C0NSULTANT's acceptance of final payment shaft constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws. ordinances, regulations or other codes of conduct, or (e) CONSULTANT' 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 I' tic i i o['32 PSA_CCNA tiing1c Project Agfeenitnt_VerA 0 written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. 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 Pane 12 of 32 PSA_CCNA Single Project Agrcemenl_Ver.4 C.�tO required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Division Director: Address: Administrative Agent/PM Telephone: E-Mail(s): Capital Project Planning, irnpact Fee & Program Management Matthew D. McLean 2685 Horseshae Drive S Navies, FL 34104 Mark Zordan, Manager (239) 252-5606 Mark.Zordan @_colliercount fl. ov 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: Address: Attention Name & Title: Telephone: E-Mail(s): Johnson Enqineerinq, Inc. 2122 Johnson Street Fort Mvers, FL 33901 Michael Dickey, PE I Erik Howard, Project Manager 239 334-00461 239 461-2441 Ehoward@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. Pane 13 of 32 PSA CCNA Single Project Aareement_Ver.4 ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6, This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E C_CNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G ❑ther- Federal Contract Provisions and Assurances Solicitation # 20-7818 including all Attachments), Exhibit(s) & Addendum Consultant's Proposal 17.10. Grant Funded Projects ❑nl V a pplivable to Grant funded p ro'ects : 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 Page 14 of 32 PSA_CCNA Single Project Agrecmevi[_Vcr.d r_� 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. 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 AGREEMENTIPUBLIC 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 fist." Ila-L: 15 ter32 PSA_CC'NA Single Prn.}ect Agreement_Ver,4 C:t[j ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44,102, Fla. Stat. 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 seer 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. [ ap-e 16 of'32 P5A_CCNA 5ing1c Project Aereemenl_Ver.4 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 Crystal K. Kinzel, Clerk of Courts & COLLIER COUNTY, FLORIDA Comptroller By: By. Date: PENNY TAYLOR , Chair Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: Witness 1?(Ktf0L),4a9 6AV61AI15r Name and Title i� itness Name and Title Consultant: Johnson Engineering, Inc. By Name and Title Page 17 of 32 PSA_CCNA Single Projul Agreem eAO SCHEDULE A SCOPE OF SERVICES �■ following this page (pages through L) Page 1$ of32 PSA CCNA Single Pmjeel Agreemem-Ver.4 RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A --- DETAILED SCOPE .tune 22, 2021 INTRODUCTION Collier County selected Johnson Engineering, Inc., to provide Professional Services for the design of stormwater management system improvements for the Upper Gordon River. The proposed improvements will be designed to mitigate the impacts of flooding within the basin and will involve a potential combination of structural measures, including but not limited to clearing of exotic vegetation, building a maintenance access travel way, dredging of the river channel, reinforcing the banks, and replacing an existing rock weir with an automated concrete gated weir. Collier County has applied for a Hazard Mitigation Grant Program from the Florida Division of Emergency Management and the Federal Emergency Management Agency (Contract No. H0459, Project No. 4337-379-R, Upper Gordon River Channel, Drainage Project, Phase 1). PROFESSIONAL SERVICES OF THE CONSULTANT CONSULTANT proposes to furnish the following professional consulting services for the project areas shown in Figure 1. The following are definitions of terms relating to items referenced throughout this document: BCA Benefit Cast Analysis CITY City of Naples CONSULTANT Johnson Engineering, Inc., or its Sub -Consultant COUNTY Coll ier County CRAS Cultural Resources Assessment Survey ERP Environmental Resource Permit FBB Florida Bonneted Bat FDEP Florida Department of Environmental Protection FDEM Florida Division of Emergency Management FDOT Florida Department of Transportation FEMA Federal Emergency Management Agency FLUCFCS Florida Land Use Cover and Forms Classification System FWC Florida Fish and Wildlife Conservation Commission FWS United States Fish and Wildlife Service HMA Hazard Mitigation Assistance HMGP Hazard Mitigation Grant Program NEPA National Environmental Policy Act NWP Nationwide Permit PAH Polycyclic Aromatic Hydrocarbon RAI Request for Additional Information RFI Request for Information (Contractor) RGP Regional General Permit SCADA Supervisory Control and Data Acquisition Page 1 of 21 RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE ,Tune 22, 202I SFWMD South Florida Water Management District SHPD State Historic Preservation Office SPT Standard Penetration Test SUE Subsurface Utility Exploration SWP3 Construction Stormwater Pollution Prevention Plan USAGE United States Army Corps of Engineers WUP Water Use Permit (REMAINDER OF PAGE IS BLANK) Page 2 of 21 0 RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A —DETAILED SCOPE .Lune 22, 2021 L71per Goidon Rarer Improvenleur Project ENGINEERING Figure 1. Upper Gordan River Improvement Project Map f'aL-e 3 L)f' 21 _ w� RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 TASK 1 — PRELIMINARY ENGINEERING DESIGN 111aW CONSULTANT shall be in attendance of project hick -off, progress, and/or stakeholder meetings, including coordination with attendees. Stakeholders may include FEMA, adjacent property owners, and/or interest groups. Fourteen (14) phone conferences and eight (8) meetings are anticipated for this task. 1,2 SURVEY CONSULTANT shall collect vertical and horizontal survey data sufficient to create plans for the proposed project and subsequent operation and maintenance of the project. Horizontal data will be in feet and shall be projected on the Florida State Plan Coordinate System, East Zone, NAD83 (2011 ), Vertical data will be in feet and shall be referenced to the North American Vertical Datum of 1988 (NAV❑ 88). CONSULTANT shall establish property lines and easements, including' verification of ownership of the affected property, along with identification of details of surface and visible above -ground utilities at the site; property features (e.g., buildings, decks, fencing); stormwater outlets, including elements such as culvert size, type, invert elevation, and end treatments; extent of concrete slabs; water surface elevation; and topography changes such as top of bank and toe of slope. Property Information Reports CONSULTANT shall research the public records available on the Collier County Property Appraiser and Collier County CIerk of Court websites to locate parcel deeds, recorded plats, right-of-way maps and easements pertinent for the delineation of the Upper Gordon River Improvements. Property Information Reports will be provided for the following un- platted lands along the Gordon River Corridor to help establish drainage easements: • Country Club of Naples • Royal Poinciana Golf Club, Inc. ■ Hole in The Wall Golf Club. Inc. • WiIderness Country Club ■ Grey Oaks Country Club, Inc. • Estuary at Grey Oaks ■ Freedom Park • Forest Lakes Subdivision Page d of 21 RPS NO.: 20-7818 DESIGN SERVICES FOR LIPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 Hydrographic Survey CONSULTANT shall perform a hydrographic survey of the Upper Gordon River. The survey shall include cross sections upstream and downstream of each road crossing, measurement of culverts (including invert elevations, size, and type), and establish a profile along the centerline and edge of pavement of the road crossing. CONSULTANT shall measure cross -sections of the canal at 1 00-foot intervals, from 20 feet outside of each right- of-way line. There are drainage culverts at various places along the canal that drain into the canal. These culverts shall be located and measured, including pertinent data at each culvert. The hydrographic survey shall include the following sections, as shown in Figure 1: Section A, Section B, Section C, Section D, forest Lake South Side Canal, Estuary Canal, and Coach House Lane Ditch. Sketch -and -Legal Descriptions If permanent easements need to be obtained, sketch -and -legal descriptions will be provided by CONSULTANT. Up to five (5) drainage sketch -and -legal descriptions and three (3) temporary construction easement sketch -and -legal descriptions are anticipated. Subsurface Utility Exploration CONSULTANT shall utilize SUE, up to six feet deep, to collect the horizontal and vertical data of existing underground utilities within the project area. This includes horizontal and vertical location of existing utility pipe, possible type of utility pipe, approximate size of utility pipe, photo of utility pipe material and general condition of existing pipe material. CONSULTANT will call Sunshine One if the utility mark-ups need to be refreshed. Soft dig investigations shall be performed using an approved air/vacuum piece of equipment that will keep the disturbance to a minimum and shall not damage any existing facilities. CONSULTANT will utilize ground penetrating radar to assist in locating facilities, Up to 50 hours of SUE are anticipated for this task. Ail existing utilities found shall be field marked either by wooden lathes or by marking an the pavement (nail & paint). Marks need to retrain during the design phase. but lathes need to be removed after the final plans have been approved. CONSULTANT team shall repair all excavation holes in the natural ground to a condition as equal to or better than the original condition. This task assumes CONSULTANT's heavy equipment will have adequate physical and legal access to the soft dig locations, 1.3 SEDIMENT SAMPLING UPDATE CONSULTANT shall perform sediment sampling at twenty locations for PAHs and metals analysis. Two samples will be collected and analyzed at each location: one at a shallow depth (0.5 feet to 1.5 feet) and another at a deeper depth (3 feet to 5 feet). Sampling will be conducted in Page S of 21 CA[ RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT AI TO EXHIBIT A —DETAILED SCOPE June 22, 2021 accordance with FDEP Standard Operating Procedure FS 4000 Sediment Sampling, and the standard operating procedures referenced therein. Five of the twenty sample locations shall be Sites 5-9, as shown in the Figure 2 below. The remaining fifteen locations shall be at other locations within the project area. CONSULTANT shall submit a proposed sampling plan to COUNTY and receive acceptance in writing prior to collecting sediment samples for analysis. Samples will be analyzed by a National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory. Sample results will be evaluated using F.A.C. Rule 62-777 `Contaminant Cleanup Target Levels,' Table II Sail Cleanup Target Levels. CONSULTANT shall provide an estimate of the amount of material deemed to be contaminated and required to be removed as part of the dredged material. Figure 2. Sampling Location Sites Page 6 of 21 9 RPS NO.: 24-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 1.4 GEOTECHNICAL CONSULTANT shall perform a subsurface soil exploration and a geotechnical engineering evaluation for the proposed project. The evaluation will include two (2) SPT borings at the weir replacement location for weir foundation design, two (2) SPT borings of bank slopes to provide data for evaluation of Bank Slope Stability for slope and slope armor options, eight (8) hand auger borings along the proposed maintenance travel way to evaluate soil conditions for a maintenance access road to the replacement weir, and ten (1 0) shallow tube samples from the canal bed to provide data on soil type and environmental classification for dredging, CONSULTANT shall provide foundation design recommendations for the proposed weir and maintenance access road. CONSULTANT will perform a seepage analysis with flownet calculations under the weir and sheet pile wall and provide requirements for sheet pile depths and embedment into the banks. 1.5 HYDROLOGIC AND HYDRAULIC STUDY CONSULTANT shall prepare a Hydrologic and Hydraulic study report, as required by FEMA. The scope of work will include reviewing the existing conceptual design report and the existing stormwater model developed by Agnoli Barber & Brundage, Inc., and provided by COUNTY. CONSULTANT will provide general comments regarding the report and model for applicability to this project as a brief letter report. CONSULTANT shall also compare up to ten percent (10%) of the new surveyed cross sections collected by CONSULTANT to verify the accuracy of the cross sections in the existing model, It is assumed the new surveyed cross sections will match the existing model and the model sections will not need to be updated or modified. CONSULTANT shall modify the proposed conditions, if needed, to model alternate proposed conditions of the waterway to demonstrate the proposed improvements will improve the flood conditions of the surrounding properties. Alternate configurations of the weir and bank modifications will be modeled and evaluated. The study will include an evaluation of the weir location for optimization of the project benefits. The final report will be transmitted to FEMA. 1.6 WATER LEVEL MONITORING Given the proposed conceptual design includes revisions to the control elevation of an existing water control structure and given the proposed scope of work includes utilization of a regional stormwater model, CONSULTANT shall collect existing wet and dry season water levels across the project site to assist in the project design and model calibrationlvalidation. CONSULTANT will install five (5) water level monitoring stations, each equipped with water level dataloggers capable of monitoring and recording water surface elevations. Each monitoring station will be constructed with a 2-inch diameter Schedule 40 PVC casing attached to a section of 0.41-inch slotted PVC screen. CONSULTANT will establish the top of casing elevation for each monitoring station and perform water level verifications and download the data quarterly for a period of two (2) years. CONSULTANT shall also conduct up to four (4) field visits to record existing now Page 7 of 21 RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT At TO EXHIBIT A — DETAILED SCOPE June 22, 20211 rates at culvert crossings to assist in calibrating the model developed in the Hydrologic and Hydraulic Study. 1.7 FEDERAL GRANT TECHNICAL SUPPORT CONSULTANT shall provide professional engineering and technical consulting services in support of the COUNTY's grant application under FEMA's HMGP. FEMA provides grant funding for mitigation planning and the implementation of cost-effective mitigation projects. Funding for these plans and projects reduces the overall risks to the population and structures. The principal prerequisite for eligibility for project grants under this program is an approved hazard mitigation plan compliant with the federal requirements under the Code of Federal Regulations. Benefit Cost Analysis CONSULTANT will complete a BCA for the project for the HMGP Project Grant Application using the FEMA BCA software (BCA Version 6.0). This task will include development of the fully -documented BCA within the FEMA model that meets components FEMA Region IV and FDEM require for grant application compliance under the FEMA HMGP. This analysis will quantify the mitigation benefits from multiple angles that include but will not be limited to flood loss reduction. aquifer storage and recharge, habitat restoration, climate resilience, and recreation (social benefits)_ Since the scope and scale of this project would be considered to be "reach -based", modeling using FLMA's risk assessment platform Hazus-HM (Version 4,2) will be utilized to model pre- and post - project conditions utilizing the best available data. This reached -based modeling will utilize the Hydrologic and Hydraulic Study report. CONSULTANT will construct the asset inventory components of the Hazus model using data from the COLNTY's Assessor and industry best management practices for determining the replacement costs of the asset inventory. The outputs from the Hazus model will be input into the "Professional Expected Damages" module of the FENLk BCA software. Since complete engineering and design will not be completed before the BCA, this will be a conceptual analysis. SHPO Consultation CONSULTANT will complete the SHPO compliance review and submit via email a letter concerning the project to the Florida Division of Historical Resources for comment pursuant to Section 106 of the National Historic Preservation Act of 1966. as amended, and applicable state statutes and regulations. In accordance with the enabling regulations of Section 106, 36 CFR 800, CONSULTANT will also prepare for the responsible local agency's signature letters of notification and invitation to comment on a government -to - government basis to federally -recognized Indian tribes with a known historical interest in the archaeological and cultural resources of Collier County. According to the Tribal Directory Assessment Tool of the U.S. Department of Housing and Urban Affairs Page 8 of 21 RPS NO.: 20-7818 RESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE .lane 22, 2021 (https://egis.hud.gov/TDAT/), there are two such tribes: the Miccosukee Tribe of Indians and the Muscogee (Creek) Nation. If so directed, CONSULTANT will also send these letters via email to the appropriate representatives of the tribes. FEMA HMA Grant Application CONSULTANT will review additional FEMA HMA finding sources currently available and identify the grant program for which the project would have the highest chances for success. The grant programs would include: Building Resilient Infrastructure and Communities, Flood Mitigation Assistance, and the Hazard Mitigation Grant Program. Once the grant program is identified, CONSULTANT will prepare and assemble the project grant application for the project. That application will be prepared in compliance with the requirements of FDEM and FEMA Region IV. CONSULTANT will prepare the grant application on the FEMA "Grant Outcomes" (FEMA-GO) electronic application platform up to the "sign and submit" point of the application. The application will need to be submitted by the designated applicant agent for the COUNTY. 1.8 PROTECTED SPECIES SURVEY CONSULTANT will conduct a protected species survey within the project area to assess potential state and federal listed species occurrence. The survey will consist of pedestrian transacts by CONSULTANT's ecologists in accordance with methodologies accepted by FWC and FWS. A canoe or kayak may be required to survey portions of the project boundary. The methodology and findings, including locations of observed protected species and management plans, will be summarized in a protected species survey report suitable for inclusion in the ERP application and federal dredge and fill permit application. This task includes preparation of a habitat and land cover map in accordance with the FLUCFCS methodology developed by FDOT. Limits of jurisdictional surface waters for the waterway will be estimated based on aerial photo interpretation, soils maps, and other available resources or delineated based on available survey data. This task does not include field flagging or GPS survey locating the jurisdictional limits of the waterway. Species -specific wildlife surveys (including but not limited to Florida bonneted bat, Big Cypress fox squirrel, bald eagle, Florida scrub jay, and gopher tortoise) which may have seasonal requirements or specific methodologies, wildlife monitoring, agency permitting, and/or relocations are not included in this task. 1.9 STATE AND FEDERAL WETLAND JURISDICTIONAL ❑ETERMINATION CONSULTANT shall conduct a desktop delineation of wetlands adjacent to the waterway using SFWMD land use/land cover data and available topographic survey data. CONSULTANT shall 11'age 9 of21 r � r� RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EX"IBIT A — DETAILED SCOPE June 22, 2021 request agency verification of the delineated wetlands, if applicable, with SFWMD and USACE stag. as part of the permit application review process. This task includes preparation of USACE wetland data fonris and SFWMD Chapter 62-340 wetland data forms, map exhibits, photo documentation and other support materials, as required. Portions or all of this task may be conducted during the environmental pen -nit process to expedite environmental permitting. Limits of the waterway within the project area will be defined based on topographic survey information collected in a separate sub -task herein. 1.10 30% CONSTRUCTION PLANS CONSULTANT shall prepare 30% construction plans which shall incorporate the topographic survey, any pertinent geotechnical information, aerial photography, and the conceptual components of the proposed project. CONSULTANT shall prepare a preliminary design report for the project which will include discussion of weir type, gate type, bank hardening, electrical, instrumentation, controls, and SCADA system. CONSULTANT shall attend one meeting with COUNTY to discuss the electrical, instrumentation, controls, and SCADA system. CONSULTANT will coordinate with SFWMD to provide SCADA communication between COUNTY and SFWMD systems. CONSULTANT shall notify the various utility service providers which may have facilities installed within the project area and request the utilities to submit plans showing existing facility locations. Any required utility relocations/adjustments will be designed by the affected utility (gas, electrical, telephone, cable television, etc.). Designs shall be prepared by the utility, in a format suitable for inclusion in bid documents. CONSULTANT shall organize a plan review meeting with COUNTY staff to discuss the 30% construction plans. Subsequently, CONSULTANT shall revise the plans as required to reflect COUNTY comments. TASK 2 — ENVIRONMENTAL SERVICES 2.I CULTURAL RESOURCES ASSESSMENT SURVEY CONSULTANT shall prepare a cultural resources assessment survey to identify the presence of archaeological sites and historic resources within the project area. Work shall include field surveys for two days, recording up to four (4) new historic resources (built in 1976 or earlier), and preparation of a CRAS report. 2.2 NEPA ENVIRONMENTAL ASSESSMENT REPORT COORDINATION It is understood that a portion of this project has been awarded funding under FEMA's HMGP. This task includes preparing the Biological Resources documentation (specifically the Land Use, Page 10 of 21 RPS NO.: 24-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 Wetlands and Biological Resources sections of the Environmental Report, if required) to comply with NEPA. This task includes coordination with COUNTY and/or FEMA staff to provide data from other tasks herein, such as protected species survey results and habitat mapping, that may be required to complete the Environmental Assessment. FEMA (or others) shall be responsible for final document preparation, regulatory agency coordination and compliance with NEPA requirements. 2.3 FBB — ROOST AND ACOUSTIC SURVEY The project area is within the FWS consultation area of the federally endangered Florida bonneted bat. FWS consultation guidelines for the bonneted bat dated October 2019 indicate projects greater than 5 acres in size with potential roosting habitat require a bonneted bat roost survey and acoustic survey, CONSULTANT will conduct one (1) FBB roost survey and one (1) acoustic survey in accordance with the FWS October 2019 FBB survey guidelines. The roost survey will include pedestrian observations of the proposed project areas to identify and GPS-locate potential FBB roost habitat (i.e., live trees or snags with cavities or bark crevices, bridges, etc.), Potential roasts will be visually observed using an IBWO" peeper camera mounted on a 35-foot survey rod. FWS Guidelines currently require a minimum of five detector nights per 0.60 miles (0.97 km) for linear projects. Up to five Wildlife Acoustics' SM3 or SM4 BAT recorders will be deployed with microphones placed in a manner to maximize detection of bat calls. The recorders will operate from sunset to sunrise at each deployment location for a minimum of five (5) nights 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. FBB survey data is valid for 90 days, according to FWS. This task does not include coordination or permitting with the FWS or FWC should a roost site be located or FBB calls be identified within 90 minutes of sunrise or sunset. The final deliverable will be an FBB acoustic and roost survey report summarizing the results of the surveys. This scope of work does not include preconstruction FBB surveys. 2.4 GOPHER TORTOISE SERVICES — SURVEY, PERMITTING, RELOCATION Species -specific gopher tortoise surveys, permitting, and relocations may be required depending on the results of the general protected species survey. CONSULTANT will conduct one (1 ) 100% coverage gopher tortoise survey within the project area and prepare a survey map for permitting/relocation purposes. All burrows will be marked with orange flagging tape and GPS- surveyed. The 100% gopher tortoise burrow survey must be conducted no more than 90 days and no fewer than 72 hours before excavation/relocation activities commence. The final deliverable is Page I 1 of 21 9 RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 a burrow and transect location map depicting all gopher tortoise burrows located during the surveys. CONSULTANT will coordinate with COUNTY to select a suitable gopher tortoise recipient site within 100-miles of the donor location. CONSULTANT will prepare and submit the gopher tortoise relocation permit application to FWC and provide responses to FWC for up to two requests for additional information, if required. COUNTY is responsible for providing the permit application fee and mitigation contribution fee to FWC as well as the fee(s) to the gopher tortoise recipient site that will accept the relocated tortoises onto their property, Recipient site fees are estimated at $2,000 per tortoise. CONSULTANT will conduct one gopher tortoise relocation event with maximum of eight (8) burrows prior to construction, if required. COUNTY shall provide a rubber tire or rubber tracked backhoe with 20-inch or 24-inch flat -edge bucket, operator, and two laborers to assist with the gopher tortoise excavation. This task includes coordinating with the gopher tortoise recipient site to facilitate the gopher tortoise excavation/relocation, transporting the gopher tortoises to the recipient site representative within 72 hours of excavation, and completing the FWC required after action report(s). FWC only considers surveys valid for 90 days from survey date. TASK 3 — DESIGN & PERMITTING 3.1 MEETINGS CONSULTANT shall be in attendance of project design, progress, and/or stakeholder meetings, including coordination with attendees. Stakeholders may include FEMA, regulatory agencies, adjacent property owners, and/or interest groups. Seven (7) phone conferences and ten (10) meetings are anticipated for this task. 3.2 CITY OF NAPLES PERMITTING CONSULTANT shall assist COUNTY with coordination and permitting of the project for dredging and weir construction through the CITY and shall respond to requests for additional information from CITY, It is anticipated the permit process will be a limited review type permit process by CITY, if required. It is anticipated that an Application for Dredge and Fill will be prepared and submitted to the CITY with assistance from CONSULTANT. A Public Right-of- way Permit Application is likely needed, but will be obtained by the construction contractor selected by the COUNTY. 3,3 SFWMD ERP CONSULTANT shall prepare an application package for a new Individual ERP for submittal by COUNTY to SFWMD. The package shall include supporting engineering and environmental Page 12 of 21 C{() RPS NO.: 20-78I8 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT At TO EXHIBIT A — DETAILED SCOPE Jane 22, 2021 plans and reports for the project typically required by SFWMD, including a surface water management report, application farms, and S WP3. CONSULTANT shall also prepare environmental information, calculations, and drawings in support of the application. Environmental information will include an environmental supplement report, drawings, and completed Sections C and I of the ERP application. This task assumes the proposed activities will not require impacts to natural wetlands or wetland mitigation. Should listed species usage be identified in the project area, CONSULTANT shall evaluate the potential project related impacts. CONSULTANT will submit the application electronically through the SFWMD's ePermitting website (http://www.sfwmd,gov/ePermitting). CONSULTANT will respond to up to two (2) formal RAIs and two (2) informal RAIs from SFWMD. 3.4 SFWMD DEWATERING PERMIT CONSULTANT will assist COUNTY with applying for a new SFMW❑ individual dewatering permit with a 5-year duration. CONSULTANT will coordinate with COUNTY and COUNTY's contractor (if applicable) to identify dewatering needs. CONSULTANT will prepare required SFWMD forms and exhibits, estimate volumes of dewatering effluent, calculate drawdown, prepare a dewatering plan, prepare drawings of retention areas and recharge trenches, as necessary, and assist with requests for off -site discharge authorization for dewatering effluent (if necessary). CONSULTANT will respond to up to two (2) RAIs (if applicable). CONSULTANT will prepare a draft application and submit to COUNTY for approval and then submit to SFWMD on behalf of COUNTY. 3.5 FEDERAL SECTION 404110 DREDGE & FILL PERMIT In December 2020, FDEP "assumed'' the permitting authority over the federal Section 404 dredge/fill permit program from USACE for certain waters and wetlands. However, the southern portion of the project is located within, and anticipated to impact, federally jurisdictional Section 404 "retained" waters of the U.S., which remain under the permitting authority of USACE. CONSULTANT will prepare and submit a USACE dredge/fill permit application using Form 4345 ENG. Efforts will be made to seek a NWP or RGP from USACE if the project design meets the criteria to qualify for one of the existing NWPs or RGPs. However, this cannot be guaranteed since the project deign has not been finalized. If the project does not qualify for all NWP or RGP, then an Individual Permit shall be sought. CONSULTANT shall also prepare the environmental supplement for this application to include environmental drawings, alternatives analysis, and wetland avoidance/minimization assessment, if required. This task assumes the proposed activities will not require impacts to natural wetlands or wetland mitigation. CONSULTANT shall expedite the application by assisting USACE staff with preparation of the draft public notice and Environmental Assessment Statement of Findings, if required. This task will include preparing Page 13 of 21 RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE Jane 22, 2021 responses for up to two (2) USACE RAIs, if required. This task includes informal consultation or technical assistance coordination with FWS to address potential effects of the project on federally listed species. 3.6 EXOTIC VEGETATION REMOVAL PLAN CONSULTANT shall develop a plan to eradicate Florida Exotic Pest Plant Council Category I and Category II exotic vegetation within the project area, including Brazilian pepper, that constricts the channel and renders maintenance difficult. CONSULTANT shall specify the requirement for removal and disposal of the trees and restoration of the riparian landscape such that all overbank areas within the existing easement areas are designed to be clear of woody vegetation. This task includes preparation of a management plan to outline future landscape maintenance requirements. 3.7 FWS TECHNICAL ASSISTANCE The project is located in the FWS consultation area and may contain suitable habitat for the following federally listed species: Florida bonneted bat, wood stork, and Eastern indigo snake, This task includes conducting initial technical assistance and coordinating with FWS staff to assess the federal wildlife review process required by FWS. This task also includes preparing preliminary exhibits and narratives necessary to conduct initial coordination with FWS staff for the species referenced above. l<�1;�;11J p� 1lI*ll�l'LIJ 1J'L�10 L�I��Ii CONSULTANT and their subconsultant(s) shall complete public involvement services throughout the project. Work under this item is to include, but not be limited to, the following: a. Preparing a comprehensive mailing list for all property and business owners who will be affected by the construction with limits as shown on the most current set of construction documents. b. Preparing informational newsletter(s) which describes the project and addresses frequently asked questions. Newsletter(s) to be written in English and Spanish. c. Press releases as necessary for notification to the public, Press Releases to be written in English and Spanish. d. Establishing and maintaining a public "Hotline." Coordination with COUNTY staff will be included should this interface be required. e. Maintaining the Project Customer Service Log using COUNTY -provided template. Page 14 of 21 RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 f. Responding to public concerns. g. Attending design progress meetings, as needed, for the duration of the design. h. Securing site and develop meeting materials for the design public meeting(s). Four (4) public meetings and six (6) small group meetings are anticipated. L Creating web page for project and updating it weekly. 3.9 60-, 100% CONSTRUCTION PLANS 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- 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 COUNTY's design and operations staff and obtain their written acceptance (signature approval) of the work completed to date. The drawings shall include the following or as approved by the Project Manager: • Cover sheet, Notes, and Key Map • Existing Conditions and Demolition Plan • Site Plan • Erosion Control • Plan and Profile (estimated 39 sheets) • Cross Sections (estimated 33 sheets) • Details • Electrical, Instrumentation & Controls Plans 3.10 TECHNICAL SPECIFICATIONS Technical specifications will be based on the 16-Division format of the Construction Specifications Institute in MS Word format. In addition to technical specifications, CONSULTANT will coordinate with COUNTY staff to develop necessary General Conditions, Supplemental Conditions, and Special Provisions Specifications specifically for the project being constructed. Standard Collier County Specifications may be used for reference, but the CONSULTANT shall not rely on them as a replacement for sound engineering judgment and responsibility. Current County Right -of -Way constnuction specifications shall be utilized. Page 15 of 21 C;►o RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 3.11 BIDDING AND AWARD Except for the following, bid/quote services will be performed by the Collier County Purchasing Division. CONSULTANT will assist COUNTY with the following: a. Assist in preparing addenda, as required., to interpret, clarify, or expand the Bidding Documents. b. Consult with and advise COUNTY as to the acceptability of the contractor and subcontractors, suppliers and other persons and organi7.ations proposed by the Prime Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. c. Consult with 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. d_ Attend a pre-bid/quote conference. e. 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 4 — SERVICES DURING CONSTRUCTION 4.1 CONSTRUCTION ADMINISTRATION It is anticipated that Construction Engineering Inspection responsibilities will be awarded to another firm at a future date. As such, CONSULTANT shall provide the following limited services during construction: a. Pre -Construction Meeting, — CONSULTANT will attend 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. CONSULTANT will not prepare an Agenda or issue written meeting notes after the meeting, b. Construction Progress Meetings — CONSULTANT will attend the bi-weekly progress meetings to review project status and identify issues that may affect the Project. CONSULTANT will not prepare an Agenda or issue written meeting notes after the meeting. Page 16 of 21 t %ell RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 c. Shop Drawing Reviews - CONSULTANT shall review and approve for 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 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 will not maintain a log of submittals. d. As -Equal Materials - CONSULTANT shall evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. e. Request for Information - CONSULTANT shall review and respond to all RFIs that the Contractor submits. CONSULTANT shall maintain a complete log of all RFIs. noting the dates of first submittal and subsequent reviews and resubznittals, approval, etc. If required by COUNTY staff, CONSULTANT shall revise construction plans based on response to RFI. f. Tasks not included; Contractor Project Schedule, Contractor Pay Applications, Contractor Change Orders & Work Directives, pre -construction documentation review, material testing records, monthly report preparation, or permit requirement monitoring. Upon issuance of a "notice of final acceptance and recommendation for final payment," CONSULTANT will provide a signed and sealed certification stating that the prgiect has been completed by the Contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the CONSULTANT. CONSULTANT shall prepare as -built "record drawings" of improvements based on a compilation of Contractor -submitted data, field measurements, and CAD files prepared by the Contractor's surveyor. This task does not include collection of `as built' record drawing data by CONSULTANT's surveyor. Additionally, CONSULTANT shall prepare and submit certification packages to SFWMD, and/or USAGE for the completed sections of the project. Page I7 of21 0 RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 4.3 WARRANTY SERVICES CONSULTANT will provide warranty services for one (1) year after the final completion of the project construction. 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. d. One (1) Year Warranty walk-thru with the contractor and County Staff. DELIVERABLES 1.2 SURVEY • Property Information Reports ■ Sketch -and -legal descriptions for easements • CAD (AutoCAD) digital files of the topographic survey ■ See also: deliverable for Construction Plans I.3 WATER QUALITY UPDATE Letter Report 1.4 GEOTECHNICAL ■ Geotechnical Report 1.5 HYDROLOGIC AND HYDRAULIC STUDY ■ Hydrologic and Hydraulic Study Report 1.7 FEDERAL GRANT TECHNICAL SUPPORT • Summary of Hazus modeling results • Metadata Report • BCA Export files from BCA version 6.0 • BCA Report ■ BCA Data Documentation template ■ Letter Report to SHPO ■ Letters of notification to the tribes ■ HMA Application 1.8 PROTECTED SPECIES SURVEY • Survey Report ['age IS of 21 ''j RPS NO.: 24-78I8 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 1,9 STATE AND FEDERAL WETLAND JURISDICTIONAL DETERMINATION • Wetland Data Forms « Map Exhibits 1.10 30% CONSTRUCTION PLANS • Plans in 11" x 17" PDF format 2.1 CULTURAL RESOURCES ASSESSMENT SURVEY • Survey Report 2.3 FBB — ROOST AND ACOUSTIC SURVEY • Survey Report 2.4 GOPHER TORTOISE SERVICES • Burrow and Transect Location Map 3.2 LOCAL PERMITTING ■ Permit application package 3.3 SFWMD ERP • Permit application package 3.4 SFWMD DEWATERING PERMIT Permit application package 3.5 FEDERAL SECTION 40411 U DREDGE & FILL PERMIT * Permit application package 3.6 EXOTIC VEGETATION REMOVAL PLAN in Removal and management plan 3.8 PUBLIC INVOLVEMENT • Mailing list of adjacent property owners • Informational newsletter(s) • Press release(s) Customer Service Log • Web page for project Page 19 of 21 01, RPS NO.: 20-7818 DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A DETAILED SCOPE June 22, 2021 3.9 60-, 100% CONSTRUCTION PLANS • 60% Plans in 1 I" x 17" PDF format • 100% Plans in I I" x 17" PDF and ❑WG format • Full size 100% Plans in printed format (two copies) ■ Engineer's opinion of probable cost will accompany the 60- and 100% Plans 3.10 TECHNICAL SPECIFICATIONS • Technical Specifications in PDF format 3.11 BIDDING AND AWARD • Recommendation letter of award • Reference Log 4.1 CONSTRUCTION ADMINISTRATION + Shop Drawing review responses • RFI responses 4.2 CERTIFICATION • Project completion certification • Engineering final certification to SFWMD, FDEP, and/or USAGE 4.3 WARRANTY SERVICES • List of warranty issues EXCLUDED SERVICES Changes from the anticipated scope of services as described herein will require an adjustment to CONSULTANT's compensation, which shall be negotiated and authorized through a Change Order executed by both parties. Specific exclusions from the scope of work include: + Boundary Survey ■ Construction Engineering and Inspection (CEI). ■ Design of public utilities or services (water, wastewater, etc.). • Payment of permit application fees to local, state, and/or federal regulatory agencies. • Architectural services. • Design details of recreational use facilities, public park amenities, etc. ■ Landscape architecture services. • Traffic Impact Statement or Maintenance of Traffic plan. ■ Collier County Site Development Plan application, Page ZU «f' 21 0 RPS NO.. 20-7818 DESIGN SERVICES FOR UPPER CORDON RIVER IMPROVEMENTS ATTACHMENT Al TO EXHIBIT A — DETAILED SCOPE June 22, 2021 • Review of potential listed species impacts through formal consultation Linder Section 7 of the Endangered Species Act. • Addressing comments or questions related to Chapter 120 challenges. ■ Preconstruction FBB survey. ■ Species -specific surveys including but not limited to Big Cypress fox squirrel, bald eagle, and Florida scrub jay. • COUNTY recognizes that permitting is a regulatory function and, as such, CONSULTANT cannot guarantee issuance of any permit. Page 21 of 21 9 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 1.0 Preliminary Engineering Design $ $ 504,311.00 2.0 Environmental Services $ $37 154.00 3.0 Design & Permitting $ $ 381 059.00 4.0 Services Durino Construction $ $101 642.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lum Sum FeeTotal Time and Materials Fee 4$1,024,,166.00 $1 024 155.00 GRAN❑ TOTAL FEE Page 19 of 32 P5A_CCNA Single Project Agrccmcat_Vcr,4 `C�Il3 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. 8.2.3.1 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.2.5. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional 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_CC'NA Single Project Agreemenl_Ver.4 ock 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. 6.3.4.1.3. 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. 13.3.4,1.7. 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. 111ige21 o1'31- PSA_CCNA Single ProiCCL AEruement_Ver.3 �1� A—()) 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 22 of 32 PSA_CCNA Single Projcd Agrcement_Ver.4 0 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 ScientisVGeolo ist $156 Marine Biolo ist1H dro elo ist $133 Senior Marine Biolo ist/H dro eolo ist $169 Senior GIS Specialist $149 GIS Specialist $114 Clerical/Administrative $73 Senior Technician $102 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 $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_Ver,4 C 1In SCHEDULE C PROJECT MILESTONE SCHEDULE Task/item Description Number of Calendar_ Days For Completion of Task from ❑ate of Notice to Proceed 1.0 Preliminary Engineering Design 670 2.0 Environmental Services 730 3.0 Design & Permitting 730 4.0 Services During Construction 1275 Page 24 of 32 PSA CCNA Single Project Agrccmcnl_Ver.4 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. E. 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. T 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_Ver,4 C:1[} 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 Certificates) 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 ❑ 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? ❑ Yes ❑■ No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes 0 No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? ❑E 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 oQ2 PSA_CL'NA Single Project Agrectnenl_Ver.4 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 Ensured 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 Commerciai 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 18. 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? ❑ Yes ❑■ No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? 0 Yes ❑ No Business Auto Liability: Coverage shall have minimum limits of $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. Page 27 of 32 FSA L'CNA Single 11nrjcct Agreemeni-ver.4 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes ❑■ No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑ Yes ❑■ No Cyber Insurance: Coverage shall have minimum limits of $ 20. UMBRELLA LIABILITY. Per Occurrence. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? ❑■ Yes ❑ 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. 6. 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 PSrI CC NA Single Project Agreement_Ver.4 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. I 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 }'SA_CCNA Single Project Agmcmtn1_Vcr;4 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 "Design Services for Upper Gordon River Improvements "project" is accurate, complete and current as of the time of contracting. B LE: fF3 DATE: �'��v•✓�jpZ Page 30 of 32 PSA_CCNA Single Project Agreement _VcrA � �t SCHEDULE F KEY PERSONNEL Name Personnel_ Category _Percentage of Time Lonnie Howard Principal 5 Andy Tilton Principal 14 Erik Howard Senior Project Manager 15 Wayne Wright Senior Project Manager 10 Guy Adams Project Manager 15 John Curtis Project Manager 10 Jordan Varble Project Manager 25 Mathew Beaudoin Senior Technician 10 Page 31 of 32 PSA_CCNA Single Project Agrcement_Ver.4 CA() SCHEDULE G Other: Federal Contract Provisions and Assurances (Description) ❑■ following this page (pages 1 through 9 ❑ this schedule is not applicable Page 32 of 32 PSA CCNA Single Project Agreemcnt_Ver.d 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM (HMGP) CFDA 97.039 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract I Purchase Order, Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (6) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. The Hazard Mitigation Grant Program (HMGP) is generally governed by the following statutes and regulations: c 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 44 C. F. R. Parts 7, 9,10,13,14,17.18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance document; a The Robert T. Stafford Disaster Relief and Emergency Assistance Act State of Florida Administrative Plan for the Hazard Mitigation Grant Program EXHIBIT I -1 9-80 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts. and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the: Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable. allocable, within the scope of its grant or cooperative agreement. and reasonable for the completion of project scope. ❑HS Seal, Logo, and Flags: The contractor shall not use the ❑HS seal(s), logos, crests, or reproductions of flags or likenesses of DH5 agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising put of a relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.G. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed an such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. {2) Violation; liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I - 2 CC O[ EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor. such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding. Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended. 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole OF in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F. R. pt. 3000. As such the contractor is requ+red to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F_R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer- The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an off cer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Stich disclosures are forwarded From tier to tier up to the recipient." Procurement of Recovered Materials (§200.322) tOver $10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, httpsJlwww.epa.govlsmmlcomprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; {2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. toy Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (G) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. STATE PROVISIONS Convicted Vendor and Discriminatory Vendors List: Those who have been placed an the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Immigration and Nationality Act: The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in S U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. EXHIBIT I - 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Public Records: The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I - 5 r'kf) Collier County EXHIBIT 1.F FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Solicitation 20-7818 Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to )nclude in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (i) the subcontractor is bound by all applicable state and federal laws and regulations, and tiii7 the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my Firm. I acknowledge, the grant requirements identified in this document. Vendor/Cantractor Name Johnson Engineering, Inc. Date 1 / 15/2021 Authorized Signature Michael Dickey, PE,Vice Presid rst EXHIBIT IS -1 121412a2Q 10:22 AM P. 212 Collier County Sol[citation 20-/818 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source documentation that validates a status. Contractor means an entity that receives a contract. A. VENDOR/PRIME CONTRACTOR INFORMATION PRIME NAME PRIME FEW NUMBER CONTRACT DOLLAR AMOUNT Johnson Engineering, Inc. 59-1173834 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? y (::E_�> 15 THE ACTIVITY Of T1115 CONTRACT, MINORITYOR WOMEN BUMNE55 ENTERPRI5E (OBE/MSE/WMI? OR HAVE A SMALL DISADVANITAGED DBE? Y CONSTRUCTION? YY� G) 8USINESS RA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y I CONSULTATION? [ r 1 N ADMINISTRATION? ORASERVICE DISABLED VETERAN? WBE? y OTHER? Y 503 SA? y (:H J IS THIS SUBMISSION A REVISION? y JIF YES, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE TH15 NEXT SECTION OBE, MBE, WOE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE PERCENT OF CONTRACT VET, SMB$A NAME SPECIALTY (Sea Below) DOLLARS WBE Cella Molnar & Associates Public Relation NMW 3% WBE Archaeological Consultant Archaeologica NMW 3% TOTALS: bolo C. SECTION TO BE COMPLETEQ BY PRIME VENDOR/CONTRACTOR NAME OF SUBMrTTfR .' DATE TITLE OF SUSIVIT'I M .......................... _............... .._. ....._..... ....- .4..�----.--. �..—_�-- Michael Dickey, PE 1/15/2021 Vice President EMAIL ADDRESS OF PRIME (S I y TELEPHONE NUMBER FAX NUMBER mdickey@iohnsoneng.com (239) 461-2455 239 334-3661 NOTE: This Information is used to track and report anticipated DBE or MBE participation In federally -funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This Form must he submitted at lima of response to a solicitation. If and when awarded a Caunty contract, the pnme will be asked to update the hirormation for the grant compliance riles. D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONIRACTM(IFWRFPorPOIREQ) GRANTPRDGRAM/CONTRACT ACCEPTEO BY: HATE ETHNICITY CODE Black American BA Hispanic American HA Native American NA 5ulxont. Allan Ameri[an SAA Asian -Pacific American APA Non-Mlnariry Women NMW Other: not of any other group listed _ O 121412020 T022 AM EXH[BITI.B- Z p. 213 Attachment H Subcontractor Covered Transactions (1) The prospective subcontractor, Johnson Engineering, Inc. _ of the Sub -Recipient certifies, by submission of this document, that neither It nor fts principals Is presently debarred, suspended, proposed For debarment, declared ineligible, or voluntarily excluded from particlpation In this transaction by any Federal department or agency, (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR Johnson Engineering.I Signature Michael Dickey, PE, Vice President Name and Title 2122 Johnson Street, Street Address Fort Myers, FL 33901 City, State, Zip — 1115/2021 Date 50 F XH I BIT l.B - 3 v412020 1022 AM Collier Count Sub -Recipient's Name H0459 QEM Contract Humber 4337-379-R _ FEMA Project Number 0(_A p. 214 Caiiler County Soficitalion 20-761H EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exgeedino St00M The undersigned [Contractor] certifies, to the best of his or her knowledge, that; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, town, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers [including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements] and that all sutxecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission or this certification is a prerequisite for making or entering into this transaction imposed by 31. U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U,S,C. § 3801 et seq., apply to this certification and disclosure, if any _ Johnson Engineering, Contractor (Firm Na �J Siignatura of Co aetor's�lAt rized Official Michael Dickey, PE -Vice President Name and Title of Contractor's Authorized Official I n 5izoz I Date EXHIBIT l.B -4