Agenda 11/09/2021 Item #16C 3 (Contract #19-7637 Amendment #1 w/Johnson Engineering, Inc.)11/09/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to sign the First Amendment to Contract No.
19-7637, “Golden Gate City Transmission Water Main Improvements Design,” with Johnson
Engineering, Inc., pertaining to the design of stormwater replacement within Golden Gate City, in
the amount of $305,760.00.
OBJECTIVE: To obtain professional engineering services to complete the design of the stormwater
replacement improvements within Golden Gate City (GGC).
CONSIDERATIONS: On September 8, 2020 (Agenda Item 11.F), the Board approved Contract No. 19-
7637, “Golden Gate City Transmission Water Main Improvements Design” with Johnson Engineering,
Inc., in the amount of $1,393,105.06.
The contract consists of designing new water mains within Golden Gate City. These transmission water
mains will connect to the regional water mains on Collier Boulevard and Santa Barbara Boulevard/Radio
Road aligned in the following proposed corridors:
• Green Boulevard Transmission Water Main Improvements
• Santa Barbara Boulevard Transmission Water Main Improvements
• Golden Gate Parkway Transmission Water Main Improvements
• Sunshine Boulevard Transmission Water Main Improvements
Collier County Water-Sewer District (CCWSD) coordinated with GMD regarding transportation,
stormwater, pathways and the Golden Gate City Incentive area. Working together, staff and Johnson
Engineering have identified twenty-five locations where existing stormwater (SW) management facilities
will conflict with the new transmission water main. In locations where the proposed transmission water
main crosses the existing stormwater pipes, Stormwater Management staff as well as Road Maintenance
staff have determined that the stormwater facilities need to be replaced.
Golden Gate City is identified for capital stormwater infrastructure replacement. Since early 2020, two
work orders have been established to assess and begin design on fifteen of the one-hundred thirty-seven
outfall facilities. Due to the large number of stormwater pipes needing replacement in GGC and the
current infrastructure improvement plans identified for Golden Gate City for utility improvements, staff
seeks to combine utility and stormwater infrastructure design and construction project to achieve an
economy of scale which will also reduce the overall impact to the neighborhood. Hence, County staff is
requesting to incorporate this proposed amendment into the existing contract with Johnson Engineering,
rather than issuing separate contracts for design. This will combine design and construction efforts of
Utilities and Stormwater so they can take place simultaneously.
FISCAL IMPACT: Funds are available in the Stormwater Bond Fund (327), Project 51029.
The completed stormwater infrastructure can be expected to have the following operational and
maintenance impacts: minimal to no maintenance costs are expected to be incurred within the first 10
years of service for the new stormwater infrastructure and will be incorporated into the regular
maintenance schedule thereafter resulting in minimal cost impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - SAA
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
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11/09/2021
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATIONS: That the Board, Ex-officio the Governing Board of the Collier County
Water-Sewer District, approve and authorize the Chair to sign the attached First Amendment to Contract
No. 19-7637 with Johnson Engineering, Inc., in the amount of $305,760.00.
Prepared by: Benjamin N. Bullert, P.E., Principal Project Manager, Engineering and Project Management
Division
Shane Cox, P.E., Senior Project Manager, Capital Project Planning, Impact Fees and
Program Management
ATTACHMENT(S)
1. 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (PDF)
2. [Linked] 19-7637JohnsonEngineering_Contract (PDF)
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11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 20334
Item Summary: Recommendation to approve and authorize the Chair to sign the First
Amendment to Contract No. 19-7637, “Golden Gate City Transmission Water Main Improvements
Design,” with Johnson Engineering, Inc., pertaining to the design of stormwater replacement withi n
Golden Gate City, in the amount of $305,760.00.
Meeting Date: 11/09/2021
Prepared by:
Title: – Public Utilities Planning and Project Management
Name: Benjamin Bullert
10/11/2021 2:42 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
10/11/2021 2:42 PM
Approved By:
Review:
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 10/11/2021 4:43 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 10/11/2021 5:06 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 10/11/2021 6:57 PM
Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 10/12/2021 3:02 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 10/14/2021 11:26 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/14/2021 12:51 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/14/2021 1:26 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/18/2021 1:39 PM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 10/25/2021 4:03 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/25/2021 4:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/28/2021 9:57 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/29/2021 1:35 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/02/2021 12:22 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
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16.C.3.aPacket Pg. 813Attachment: 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (20334 : Approve Amendment 1 to Contract No. 19-7637, Golden Gate
16.C.3.a
Packet Pg. 814 Attachment: 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (20334 : Approve Amendment 1 to Contract No. 19-7637, Golden Gate
16.C.3.aPacket Pg. 815Attachment: 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (20334 : Approve Amendment 1 to Contract No. 19-7637, Golden Gate
16.C.3.aPacket Pg. 816Attachment: 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (20334 : Approve Amendment 1 to Contract No. 19-7637, Golden Gate
16.C.3.aPacket Pg. 817Attachment: 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (20334 : Approve Amendment 1 to Contract No. 19-7637, Golden Gate
16.C.3.aPacket Pg. 818Attachment: 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (20334 : Approve Amendment 1 to Contract No. 19-7637, Golden Gate
16.C.3.aPacket Pg. 819Attachment: 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (20334 : Approve Amendment 1 to Contract No. 19-7637, Golden Gate
16.C.3.aPacket Pg. 820Attachment: 19-7637 JohnsonEngineeringInc._Amend#1_VendorSigned (20334 : Approve Amendment 1 to Contract No. 19-7637, Golden Gate
PROFESSIONAL SERVICES AGREEMENT
Contract # 19-7637
for
41 Golden Gate City Transmission Water Main Improvements Design
THIS AGREEMENT is made and entered into this eday of 20 20 by
and between the Board of County Commissioners for Collier Count , Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Johnson Engineering, Inc. authorized
to do business in the State of Florida, whose business address is
2122 Johnson Street, Fort Myers, FL 33901 hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Golden Gate City Transmission Water Main Improvements Design
hereinafter referred to as the "Project"), said services in accordance with the provisions of Section
287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which
is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project
to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B,
Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
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Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
1.5. CONSULTANT designates Michael Dickey, PE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally
terminate this Agreement immediately.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTYS approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the
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CONSULTANT for services and/or items necessary to correct the deficiencies directly related to
the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement- EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types
listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Change Order or Amendment authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering
life or property, any Additional Services must be approved in writing via a Change Order or an
Amendment to this Agreement prior to starting such services. The COUNTY will not be
responsible for the costs of Additional Services commenced without such express prior written
approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i)
a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by
CONSULTANT that such Work is not additional but rather a part of the Basic Services required
of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is
required because of the action taken by CONSULTANT in response to an emergency, an
Amendment shall be issued to document the consequences of the changes or variations, provided
that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-
eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure
to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it
otherwise may have had to seek an adjustment to its compensation or time of performance under
this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
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2.2. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.3. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY when such revisions are required by changes
in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably
anticipated prior to the preparation of such studies, reports or documents, or are due to any other
causes beyond CONSULTANT's control and fault.
2.4. Providing renderings or models for the COUNTY's use.
2.5. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.6. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance
in consultations which are included as part of the Basic Services to be provided herein).
2.10. Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
a. The scope of services to be provided and performed by the CONSULTANT hereunder;
b. The time the CONSULTANT is obligated to commence and complete all such services;
or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's
requirements for the Project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and any
budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Project, including existing drawings, specifications, shop drawings,
product literature, previous reports and any other data relative to the Project;
d. Arrange for access to and make all provisions for CONSULTANT to enter the Project
site to perform the services to be provided by CONSULTANT under this Agreement;
and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform
or give rise to any right to damages or additional compensation from the COUNTY.
CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time
to its schedule provided, however, the granting of any such time extension shall not be a condition
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CAU
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such
delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT
resumes performance of its obligations hereunder in such a manner so as to reasonably establish
to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on
schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT
be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager,
or designee, reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT 's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall
apply only to tasks procured under the Time and Materials pricing methodology specified in
paragraph 5.1 above. Gram Funde --T-he-hsufly-rates as set-forth-and--identified--in-Schedule
B,..which is-attached hereto-rare for-purposes-of-providing,esti mate(c);as-required -by-the...grantor
ag.enc .
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ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement("Project Documents"). The COUNTY shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this
Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this
license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project
Documents to complete the Project following CONSULTANT's termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges the COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement
or (b) the date the Project is completed, whichever is later, or such later date as may be required
by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall,
free of charge, have the right to audit, inspect and copy all such records and documentation as
often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
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8.2. To the extent that the Agreement that the work pertains to a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided
herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet
the requirements of this Agreement shall name Collier County Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier
County Government, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are
at the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by the COUNTY applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, except such rights as they may have to the proceeds of such insurance held by
any of them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed to
this Project in accordance with the percentages noted in Schedule F. All personnel, identified in
Schedule F shall not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or
subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume
toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by
this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement
shall preserve and protect the rights of the COUNTY under this Agreement with respect to the
Services to be performed by the subconsultant or subcontractor so that the sub consulting or
subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall
require each subconsultant or subcontractor to enter into similar agreements with its sub-
subconsultants or sub-subcontractors.
10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any
termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against the COUNTY arising out
of this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment
by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against
CONSULTANT.
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as
further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to
begin services under the Agreement within the times specified under the Notice(s) to Proceed, or
b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder
or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for
the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or
directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes
of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this
Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in
whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the
material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to
that portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against the
COUNTY, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control.
12.5. The COUNTY shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due or such other time as required by Florida's
Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material
Page 11 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY
has failed to cure such default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such
default is cured, after giving THE COUNTY a second fourteen (14) days written notice of
CONSULTANT's intention to stop performance under the Agreement. If the Services are so
stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of
the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other
persons performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of
CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default
within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may,
upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and
recover from the COUNTY payment for Services performed through the termination date, but in
no event, shall CONSULTANT be entitled to payment for Services not performed or any other
damages from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT's services to be provided under this Agreement
are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees
that the original Agreement price and any additions thereto shall be adjusted to exclude any
significant sums by which the COUNTY determines the Agreement price was increased due to
inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such
adjustments shall be made within one (1) year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
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PSA_CCNA Single Project Agreement 2017.0I0 Ver.3
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Engineering & Project Management Division
Division Director: Tom Chmelik, Director
Address: 3339 Tamiami Trail East, Suite 303
Naples, FL 34112-5361
Administrative Agent/PM: Benjamin Bullert, Project Manager, Principal
Telephone:239) 252-2583
E-Mail(s): Benjamin.BullertAcolliercountyfl.gov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name:Johnson Engineering, Inc.
Address: 2122 Johnson Street
Fort Myers, FL 33901
Attention Name & Title: Michael Dickey, PE
Telephone:239) 461-2455
E-Mail(s): mdickey@johsoneng.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
Page 13 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: N/A
Solicitation # 19-7637 including all Attachment(s), Exhibit(s) &Addendum
Consultant's Proposal
17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY's
Board approved Executive Summary, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions
shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the CONSULTANT at the COUNTY's discretion.
Page 14 of 32
PSA_CCNA Single Project Agreement 2017 010 Ver.3
C
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT
shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13
and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
Page 15 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
S
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
comply with the laws referenced herein shall constitute a breach of this agreement and the
COUNTY shall have the discretion to unilaterally terminate this Agreement immediately.
Page 16 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel,..C.l, k.of Courts &
Comptroiter
By: r By: )44)1%..,eZeor.004--
Burt L. Saunders
Date:6 Chairman
Attest alto Chairman's
signature only.
oved as to m nd Legality:
ops_4-f County Attorney
Name
Consultant:
Consultant's Witnesses:Johnson Engineering, Inc.
fie-- By:
etncer st (An
t ` /30Gt Ti far C e V ? €sitt1eai
Name and Title Name and Title
fitness
49NA/I 46w o rtr-s/per T`
Name and Title
Page 17 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
594
SCHEDULE A
SCOPE OF SERVICES
0 following this page (pages through
18)
Page 18 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
SCHEDULE A-SCOPE OF SERVICES
INTRODUCTION
The transmission water main work within Golden Gate City includes or may include various
quantities of the following public utility components:
Transmission water mains, valves, hydrants, and other appurtenances
Wastewater facilities
Irrigation quality facilities
Electrical and SCADA
Stormwater improvement and treatment concepts, quantity attenuation, storage and runoff
rate management and reduction
Roadway
Pathway/sidewalk
Landscaping
Ancillary repair and replacement
Coordination with other construction projects within Golden Gate City designed by other
professionals for other Collier County Departments
Other utility relocations and adjustments
At this time, the construction projects anticipated for this contract include the following, which
may occur concurrently, sequentially, or as funding is available:
Green Boulevard Transmission Water Main Improvements
Santa Barbara Boulevard Transmission Water Main Improvements
Golden Gate Parkway Transmission Water Main Improvements
Sunshine Boulevard Transmission Water Main Improvements
Design will primarily consist of water main design and minor drainage improvements such as
replacing existing drainage pipes. However, other components listed above may be included if
determined necessary during the preliminary design. If other major improvements are necessary,
then funds under additional services will be used for these improvements.
The Consultant's Design team will provide design project management consisting of, but not
limited to,the following:
a. Attend progress meetings with the County's Public Utilities Division ("PUD") staff as
needed
b. Attend public informational meetings with PUD staff as needed
c. Graphics/exhibit preparation
d. Project phasing for construction
Page 1 of 18
e. Progress meeting assistance
f. Public meeting assistance
g. Project management assistance
h. Project management plan preparation
i. Public relations assistance
j. Infrastructure modeling coordination
k. Infrastructure preliminary design
1. Infrastructure design
m. Subsurface investigations of underground utilities
n. Geotechnical surveys
o. Land surveying
p. Permitting
q. Bid packages
r. GIS mapping services
s. Construction Services
PROJECT OVERVIEW
This Project consists of proposed transmission water main improvements located along the roads
show in Figure 1 —Project Map highlighted in blue (Green Blvd and Santa Barbara Blvd) and in
magenta(Golden Gate Pkwy and Sunshine Blvd) below(collectively, also referred to as"all four
roads"). The improvements on these four roads will be divided into two parts:
Green &Santa Barbara"
1 Green Boulevard Transmission Water Main Improvements (approximately 10,500
linear feet of water main) and
2 Santa Barbara Boulevard Transmission Water Main Improvements (approximately
8,800 linear feet of water main)
Golden Gate& Sunshine"
3 Golden Gate Parkway Transmission Water Main Improvements(approximately 11,600
linear feet of water main) and
4 Sunshine Boulevard Transmission Water Main Improvements (approximately 4,900
linear feet of water main)
Page 2 of 18
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Page3of18
SCOPE OF WORK
1.PHASE 1: PRELIMINARY ENGINEERING DESIGN
Task 1.1 —Project Start-Up("for all four roads")
a. Initial Kick-Off Meeting—The CONSULTANT will organize an initial kick-off meeting
with PUD staff to review the project scope,project objectives/goals, project standards and
project schedule for completing the work; this effort should also include the review of
available fund sources. The CONSULTANT shall prepare a project agenda and written
meeting minutes summarizing the discussion and project action plan.
Project Management — CONSULTANT will provide project management and
coordination throughout the project with PUD staff, via phone and email
correspondence, video conferences, and project coordination with subconsultants,
agencies and CONSULTANT staff.
b. Utility Master Plans — The CONSULTANT will review the CCWSD's utility master
plans prior to the kick-off meeting to determine if any master plan work is required in or
around the project area.
c. Initial Project Timeline — CONSULTANT will prepare an initial project timeline and
submit to PUD staff at the Initial Kick-Off Meeting. The CONSULTANT shall update the
schedule throughout the duration of the project and shall provide a copy of the updated
schedule to PUD staff at their request.
Task 1.2—Hydraulic Analysis
Due to project connectivity of the proposed transmission mains, the hydraulic analysis will
include all four roads.
a. Gather and review record drawings and GIS data of existing utilities within the project
corridor. The CONSULTANT will coordinate with PUD staff and Growth Management
Division (GMD) staff to obtain archives for available design and/or record drawings and
information. County staff to provide readily available record drawings to the
CONSULTANT.
b. Review the water hydraulic model completed by Carollo, Inc. It is understood that Carollo
will provide the transmission main sizing for this project.
Install pressure transducers on the existing mains in strategic locations to compare
to model results.
Review Telog recorder data for the two (2) existing Telog recorders stationed in
Golden Gate City.
Prepare pressure graphs based upon data collected in the field.
Provide pressure data to Carollo for incorporation into the existing model (and
possible calibration by Carollo if needed).
Review result of calibrated model and make recommendations for any additional
improvements that may be necessary.
Page 4 of 18
Perform a surge analysis of the system to determine if opening / closing valves
during construction has high risk of causing damaging pressure surges. Other
transients will be evaluated. Modeling results may result in recommendations for
pipe material and surge attenuating devices.
Select and size pressure reducing valves for connections made to the existing
Golden Gate water system.
Task 1.3—Surveying Services ("for all four roads")
a. The CONSULTANT shall collect horizontal and vertical data of existing visible above-
ground improvements and existing visible above-ground utilities within the right-of-way
of the roadways highlighted in Figure 1. Horizontal data will be in feet and shall be
projected on the Florida State Plane Coordinate System, East Zone, NAD83(2011).
Vertical data will be in feet and shall be referenced to the North American Vertical Datum
of 1988 (NAVD88). The CONSULTANT shall measure cross-sections at 100-foot
intervals.
b. The CONSULTANT shall establish the right-of-way lines for that part of the above
referenced corridors, and adjacent lot lines based on original plats and Collier County
geographic information systems linework.
c. Submit two (2) full size and one (1) half size copies of the boundary and topographic
survey to PUD staff. Submit an AutoCad file (dwg) of the boundary and topographic
survey to PUD staff. The boundary and topographic map shall include the latest aerial
photography as a background.
Task 1.4—Geotechnical Investigation ("for all four roads")
a. CONSULTANT will coordinate with SUBCONSULTANT Ardaman & Associates to
perform all necessary soil borings.
b. Prepare geotechnical investigation report detailing soil conditions, water table elevations,
soil classifications, rock elevation and other items that will affect the construction within
the project area to install proposed utility line(s). Soil borings shall be completed as per the
latest ASTM standards.
Green Boulevard Geotechnical Investigation:
Obtain test boring permits from Collier County. It is assumed that maintenance
of traffic (MOT)will not be required therefore MOT is not budgeted.
Layout test boring locations for the various project elements.
Coordinate boring locations with utility companies for potential conflict.
Perform 6 SPT borings to a depth of 40 ft. These borings are proposed for the
2 canal crossings and for the potential road crossing.
Perform 4 Hand Auger borings to a depth of 7 ft. These borings are proposed
for the water main alignment.
Page5of18
Review each soil sample obtained in the field exploration program in our
laboratory for further identification and assignment of laboratory tests.
Perform the appropriate laboratory tests on selected samples. Anticipated tests
are classification tests consisting of natural moisture content, sieve analysis or
percent fines, Atterberg limits and/or organic content to aid in soil
classification.
Prepare a geotechnical exploration report detailing soil conditions, water table
depths, soils classifications,and rock depth, if encountered.
Santa Barbara Boulevard Subsurface Soil Exploration:
Obtain test boring permits from the Collier County. It is assumed that
maintenance of traffic (MOT) will not be required therefore MOT is not
budgeted.
Layout test boring locations for the various project elements.
Coordinate boring locations with utility companies for potential conflict.
Perform 6 SPT borings to a depth of 40 ft. These borings are proposed for the
canal crossing, the road crossing, and the potential road crossing.
Perform 6 Hand Auger borings to a depth of 7 ft. These borings are proposed
for the water main alignment.
Review each soil sample obtained in the field exploration program in our
laboratory for further identification and assignment of laboratory tests.
Perform the appropriate laboratory tests on selected samples. Anticipated tests
are classification tests consisting of natural moisture content, sieve analysis or
percent fines, Atterberg limits and/or organic content to aid in soil
classification.
Prepare a geotechnical exploration report detailing soil conditions, water table
depths, soils classifications, and rock depth, if encountered.
Golden Gate Parkway Subsurface Soil Exploration:
Obtain test boring permits from the Collier County. It is assumed that
maintenance of traffic (MOT) will not be required therefore MOT is not
budgeted.
Layout test boring locations for the various project elements.
Coordinate boring locations with utility companies for potential conflict.
Perform 5 SPT borings to a depth of 40 ft. These borings are proposed for the
2 canal crossings and for the potential road crossing.
Perform 5 Hand Auger borings to a depth of 7 ft. These borings are proposed
for the water main alignment.
Review each soil sample obtained in the field exploration program in our
laboratory for further identification and assignment of laboratory tests.
Perform the appropriate laboratory tests on selected samples. Anticipated tests
are classification tests consisting of natural moisture content, sieve analysis or
percent fines, Atterberg limits and/or organic content to aid in soil
classification.
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Prepare a geotechnical exploration report detailing soil conditions, water table
depths, soils classifications,and rock depth, if encountered.
Sunshine Boulevard Subsurface Soil Exploration:
Obtain test boring permits from the Collier County. It is assumed that
maintenance of traffic (MOT) will not be required therefore MOT is not
budgeted.
Layout test boring locations for the various project elements.
Coordinate boring locations with utility companies for potential conflict.
Perform 3 SPT borings to a depth of 20 ft.These borings are proposed potential
horizontal directional drilling(HDD) installation.
Perform 6 Hand Auger borings to a depth of 7 ft. These borings are proposed
for the water main alignment.
Review each soil sample obtained in the field exploration program in our
laboratory for further identification and assignment of laboratory tests.
Perform the appropriate laboratory tests on selected samples. Anticipated tests
are classification tests consisting of natural moisture content, sieve analysis or
percent fines, Atterberg limits and/or organic content to aid in soil
classification.
Prepare a geotechnical exploration report detailing soil conditions, water table
depths, soils classifications,and rock depth, if encountered.
c. CONSULTANT will review and submit two (2) signed and sealed reports to PUD Staff.
Task 1.5—Soft Dig Investigation ("for all four roads")
The CONSULTANT shall utilize subsurface utility exploration, up to six feet deep,to collect the
horizontal and vertical data of underground utilities in the rights of ways listed below. No
excavation shall be performed under asphalt or concrete. The CONSULTANT shall provide PUD
staff GIS shapefiles for portions of utilities discovered during the subsurface utility exploration.
Green and Santa Barbara
1 -Green Boulevard—8 trenches and 5 potholes.
2 - Santa Barbara Boulevard— 10 trenches and 3 potholes
Golden Gate and Sunshine
3 - Golden Gate Boulevard— 11 trenches and 5 potholes
4 - Sunshine Boulevard—3 Trenches and 8 potholes
Task 1.6—30% Plans Preparation ("for all four roads")
The CONSULTANT shall prepare 30%construction plans.
a. Incorporate all record drawings within the project area and the SUE into the 30%
construction plans.
b. Incorporate the boundary and topographic survey into the 30%construction plans.
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r.
c. Prepare 30%construction plans detailing the proposed running line within the project area.
Include on these plans the survey work, soft dig investigation work, any pertinent
geotechnical information, and the aerial photo in the background. The profile view does
not need to be completed.
d. Submit one (1) full size and three (3) half size of the 30% construction plans at least two
2) weeks prior to the meeting with PUD/GMD Staff.
e. Organize and conduct a 30% plan review meeting with PUD/GMD staff to discuss the
preliminary construction plans. Revise construction plans as required to reflect PUD/GMD
comments.
2. PHASE 2: DESIGN
Task 2.1 —Final Design and Permitting Phase("for all four roads")
Design meetings with PUD/GMD representatives will be conducted, as requested by the Project
Manager, throughout the program to keep staff informed of the project progress, to make certain
that the Engineer is productively conducting its consulting services and to obtain input and
direction as required for outstanding project issues. A firm day and time will be established for all
progress meetings. Meeting objectives will be to provide progress updates and reach decisions on
pertinent issues related to the specific topics being addressed.
The CONSULTANT will prepare and distribute agendas and minutes for each meeting. The
CONSULTANT will incorporate agenda items and meeting minute corrections provided by
PUD/GMD staff. Agendas will be submitted to the project team at least two days prior to the
meeting. Draft minutes will be submitted by the CONSULTANT to the team no more than two
working days after meeting and PUD/GMD staff will provide comments no more than two
working days after receipt of draft minutes.
a. Based on the accepted 30% construction plans, CONSULTANT will prepare final
drawings and specifications, which provide the general scope, extent, and character of
the work to be furnished, and performed by the Contractor. CONSULTANT will prepare
and submit drawings and specifications at the 60-, 90- and 100-percent complete stages
for review and approval. An engineer's opinion of probable construction cost will
accompany each submittal. CONSULTANT shall meet with PUD's design and operations
staff and obtain their acceptance of the work completed to date. CONSULTANT will
submit one(1) full size and three(3)half size of the construction plans to PUD/GMD staff
at each stage.
b. Technical specifications will be based on the 16-Division format of the Construction
Specifications Institute (CSI) in MS Word format. In addition to technical specifications,
CONSULTANT will coordinate with PUD/GMD staff to develop necessary General
Conditions, Supplemental Conditions, and Special Provisions Specifications specifically
for the project being constructed and recollection of all lessons learned of similar
completed projects. Standard Collier County Specifications may be used for reference,but
the Engineer shall not rely on them as a replacement for sound engineering judgment and
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responsibility. Current County Right-of-Way construction specifications shall be utilized.
Documents shall include drawings and project specifications ready for bidding,consistent
with Collier County standards, including, but not limited to, the following or as approved
by the PUD/GMD Project Manager:
Cover sheet, index, and key map
Civil Site Plan including fencing and landscaping
Existing Conditions map
Civil Details
Demolition Plan
Infrastructure Plan and Profile
Details
Operational Contingency Plans
c. Furnish copies of Contract Documents that include engineering drawings and
specifications. Present and review them in person with PUD/GMD staff at the agreed upon
completion stages in the project and make appropriate changes requested.
d. CONSULTANT will coordinate with material and service providers for anticipated long
lead time items and assist PUD in acquiring these items. CONSULTANT will develop and
update a project procurement register to be distributed as part of the design meetings. The
project procurement register will have a minimum of 6 columns: Item Number, Item
Description, Submittal Review Time, Submittal Approval Date, Fabrication and Delivery
Duration, and Date Required for Order based on a specified construction completion date.
These items are anticipated to include, but not be limited to, PCCP adapters and fittings,
Thompson Pipe Group Services, large diameter valves, and other unique materials.
e. Prepare permit applications for all GMD's Right-of-Way permits and Insubstantial Change
to a Site Improvement Plan when required from Collier County Growth Management
Division and respond to requests for additional information. Prepare all other required
permit applications. Permitting fees will be paid by PUD directly.
f. Prepare a permit application for submittal to the Florida Department of Environmental
Protection (FDEP) to construct PWS components and provide backup documentation
including drawings and specifications. Respond to all requests for additional information
RAI) from the FDEP Permitting fees will be paid by the CONSULTANT and reimbursed
by PUD.
g. South Florida Water Management District (SFWMD) Individual permit and dewatering
permit. CONSULTANT will assist PUD in applying for an individual dewatering permit
from the SFWMD for construction activities at the project sites. CONSULTANT will
prepare required SFWMD forms and exhibits, estimate volumes of dewatering effluent,
calculate drawdown,prepare a dewatering plan,prepare drawings of dewatering operation,
as necessary, and assist with requests for off-site discharge authorization for dewatering
effluent. CONSULTANT will respond to up to two (2) RAIs (if applicable). Permitting
fees will be paid by the CONSULTANT and reimbursed by PUD. PUD understands that
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water use permitting is a regulatory function and CONSULTANT cannot guarantee
issuance of any permit.
h. SFWMD Right of Way Permit: Permit application forms, including required design and
survey information and data,will be completed by the CONSULTANT thirty(30)calendar
days prior to the 100% review and submitted to the PUD for approval and appropriate
signature. The PUD will then submit the Permit Application to the SFWMD after County
approval of the 100% plans. Permitting fees will be paid by the CONSULTANT and
reimbursed by PUD.
i. Application for Florida Department of Environmental Protection (FDEP) Environmental
Resource Permit(all four roads): CONSULTANT will map the habitat types/existing land
uses within the project area in accordance with the Florida Land Use Cover and Forms
Classification System [FLUCFCS (FDOT, 1999)] methodology. CONSULTANT will
conduct a threatened and endangered species assessment within the project area in
accordance with Florida Fish and Wildlife Conservation Commission(FWC)and U.S.Fish
and Wildlife Service (FWS) guidelines. Evidence of listed species usage (e.g. nests,
burrows, direct sightings, etc.) will be GPS survey located, and the survey results will be
incorporated into the application package, if applicable. CONSULTANT will prepare and
submit the FDEP environmental resource permit application.This task assumes the project
will qualify for a General Permit in accordance with 62-330.457, F.A.C. The application
package will include project narrative; existing conditions habitat/listed species mapping;
quadrangle map; soils map; site plan and cross-sectional view drawings. Permitting fees
will be paid by the CONSULTANT and reimbursed by PUD.
j. Application for Federal — United States Army Corps of Engineers (USACE)
Environmental Approval/Permit (All four roads): CONSULTANT shall schedule a
meeting and/or coordinate with USACE staff to determine whether a Section 404/10
permit or No Permit Required(NPR)verification shall be required. CONSULTANT shall
prepare and submit an USACE application package requesting verification of an NPR
Determination or the appropriate permit, as applicable. If a permit is determined to be
required by USACE, this task assumes the project will qualify for Nationwide Permit
NWP) 12 or Regional General Permit (RGP) 14 from the USACE. This task includes
preparation and submittal of USACE permit application Form 4345_ENG and a desk-
based delineation of wetlands and surface waters in the project area. Requests for
Additional Information: This task is based on providing responses to up to one(1)request
for additional information from USACE staff and reasonable agency acceptance of the
project without material objections. Permitting fees will be paid by the CONSULTANT
and reimbursed by PUD.
k. One Florida Bonneted Bat Roost and Acoustic Survey (All four roads) (*if required): The
four transmission main corridors are located within the FWS Consultation Area of the
federally endangered Florida bonneted bat (FBB) and may contain habitat considered by
the FWS as suitable for an FBB roost site. If requested by Owner Client or regulatory
agency personnel, CONSULTANT will conduct an FBB roost and acoustic site survey for
one of the four transmission mains in accordance with FWS Consultation Guidelines
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Guidelines) dated October 2019. This task includes pedestrian field surveys to identify
and GPS survey locate potential FBB roosting habitat (live trees, snags and utility poles
with cavities, bark crevices, hollows, etc.) within one of the four transmission main
corridors. Structural characteristics that could support an FBB roost will be visually
observed using a treetop camera. If required by agency personnel, it is assumed this task
shall only be conducted in areas where potential FBB roosting habitat may be removed.
Acoustic recorders will be deployed with microphones placed in a manner to maximize
detection of bat calls in one of the four transmission main corridors with a maximum linear
distance of 2.4 miles. For linear projects (e.g., roadways, transmission lines), the FWS
Guidelines recommend a minimum of five detector nights per 0.6 miles.The recorders will
record from sunset to sunrise for enough nights to ensure compliance with the Guidelines
when weather conditions are suitable and nighttime temperatures are above 65°F. Data will
be recorded in full spectrum WAV format, converted to Zero Crossing (ZC) for data
analysis and manually screened for species ID and presence of FBB calls. The number of
calls attributed to the FBB will be determined and FBB calls within 90 minutes of sunrise
or sunset will be noted. The methodology and findings of the FBB roost and acoustic
surveys will be summarized in a format suitable to meet the ERP permitting requirements
by the regulatory agencies. FWS Guidelines only consider FBB surveys to be valid for 1
year. This task does not include permitting/coordination with agency staff should a roost
site be located or FBB calls be identified within 90 minutes of sunrise or sunset. If the
regulatory agencies require additional acoustic surveys beyond the one stated herein, or
deployment of additional acoustic recorders based on initial survey results,a supplemental
task authorization will be needed. The final deliverable will be an FBB survey report
summarizing the survey findings. Permitting fees will be paid by the CONSULTANT and
reimbursed by PUD
It is recognized by the County that permitting is a regulatory function and CONSULTANT does
not guarantee issuance of any permit.
To avoid project delays and allow flexibility for bidding, the environmental permitting required
for all project canal crossings will be performed for all four roads.
Assumptions:
1. Species specific surveys (including but not limited to gopher tortoise, Florida
bonneted bat, red-cockaded woodpecker, etc.) other than those stated in Task
1C2.1g, state and federal wildlife agency coordination/permitting, management
plans or relocations of flora or fauna are outside this scope of services and will
require a supplemental agreement, if needed.
2. This estimate assumes no impacts to wetlands or surface waters are required due to
horizontal directional drill installation method.
3. This estimate assumes the regulatory agencies have no objections to authorizing all
of the canal crossings for the water main transmission projects in Golden Gate City
under one state and one federal application.
4. Should USACE Section 408 permitting be required, a supplemental agreement
shall be negotiated.
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5. Mitigation is not anticipated for this project. If required,preparation of a mitigation
plan will necessitate a supplemental agreement.
6. Drawings, plans and other work products prepared by Johnson Engineering and
submitted as work products for this project will not have to be revised in response
to a redesign or re-engineering of the project outside the control of Johnson
Engineering.
Task 2.2—Bidding and Award Phase ("for all four roads")
Except for the following,bid/quote services will be performed by the Collier County Procurement
Division. CONSULTANT will assist the County with the following:
a. Prepare Minimum Qualifications list for Bidders and provide to the County to include in
the Bidding Documents.
b. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding
Documents.
c. Consult with and advise the County as to the acceptability of the contractor and
subcontractors, suppliers and other persons and organizations proposed by the Prime
Contractor for those portions of the work as to which such acceptability is required by the
Bidding Documents.
d. Consult with the County concerning,and determine the acceptability of,substitute material
and equipment proposed by the Contractor when substitution prior to the award of contracts
is allowed by the Bidding Documents.
e. Attend a pre-bid/quote conference, Attend the bid opening, review bids, qualifications.
f. Provide a recommendation letter of award along with a "Reference Log" showing date,
time, and comments of all contacted references provided by the prospective contractor.
Task 2.3—Public Involvement("for all four roads")
Public involvement includes communicating to all tenants/property owners and interested persons,
groups,government organizations,and Committees, information regarding the development of the
project.The CONSULTANT will coordinate with the SUBCONSULTANT Cella Molnar,Inc.
for all public involvement tasks. Pursuant to Article 10.3 of this Agreement, the
CONSULTANT is liable for the acts or omissions of the SUBCONSULTANT.
CONSULTANT and SUBCONSULTANT will provide to the COUNTY drafts of all Public
Involvement documents (i.e., newsletters, property owner letters, etc.) associated with the
following tasks for review and approval prior to printing and/or distribution
a. Project planning & coordination with project team: The SUBCONSULTANT will meet
initially with the COUNTY and project team to strategize together on project planning with
regards to the public and affected parties. Both will coordinate activities so that the
SUBCONSULTANT can pro-actively notify the public.
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b. Prepare mailing list database: The SUBCONSULTANT shall identify of residents and
businesses in the project area, permit and review agencies, property owners and tenants
adjacent to or within the five hundred (500) feet of the project and other interested parties
that may be designated by the Count and prepare a mailing database of all such entities.
The database will be added to and/or updated on an as-needed basis.
c. Prepare email database: The SUBCONSULTANT shall identify of residents and
businesses in the project area, permit and review agencies, property owners and tenants
adjacent to or within the three hundred(300)feet of the project and other interested parties
that may be designated by the County and prepare an email database of all such entities.
The database will be added to and/or updated on an as-needed basis.
d. Attendance at Coordination Meetings with County Staff/Officials: The
SUBCONSULTANT shall attend meetings with COUNTY staff for briefings to elected
officials.
e. Secure meeting sites: The SUBCONSULTANT will investigate potential meeting sites to
advise the COUNTY on their suitability. The COUNTY will pay all costs for meeting site
rentals.
f. Newsletters (2): The SUBCONSULTANT shall prepare newsletter for distribution to
elected officials, public officials, property owners along the corridor, review committee
members and other interested parties. The newsletters will be sent by the
SUBCONSULTANT. Prepared in English and Spanish.
g. Preparation of press release: The SUBCONSULTANT shall provide press releases to
announcing the public meeting. Prepared in English and Spanish.
h. Advanced notification: The SUBCONSULTANT shall prepare a notification letter to
elected officials/agencies,property owners and interested parties.Prepared in English and
Spanish.
i. Variable Message Boards/Neighborhood Signs: The SUBCONSULTANT shall
communicate and coordinate with the Contractor on information for variable message
boards and neighborhood signs.
3.PHASE 3: CONSULTATION SERVICES DURING CONSTRUCTION
Task 3.1 —Construction Administration ("for all four roads")
a. Pre-Construction Meeting—The CONSULTANT will chair the pre-construction meeting
to review the project scope, discuss project submittals and identify issues that need to be
addressed prior to the project starting.The CONSULTANT will prepare a DRAFT Agenda
at least two business days in advance of the pre-construction meeting and issue written
meeting notes identifying a summary of the discussion,conclusions and any risks that have
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been encountered or are expected,within two days after the meeting to the Project Delivery
Team.
b. Construction Progress Meetings — The CONSULTANT will chair the weekly/bi-weekly
progress meetings to review project status and identify issues that may affect the Project.
The CONSULTANT will prepare a DRAFT Agenda at least two business days in advance
of each meeting and issue written meeting notes identifying a summary of the discussion,
conclusions and any risks that have been encountered or are expected, within two days
after the meeting to the Project Delivery Team.
c. Shop Drawing Reviews — CONSULTANT shall review and approve (or take other
appropriate action in respect of) Shop Drawings, Samples and other data which Contractor
is required to submit, but only for conformance with the design information given in the
Contract Documents and compatibility with the design concept of the completed project
as a functioning whole as indicated in the Contract Documents. Such reviews and
approvals or other action will not extend to means, methods, techniques, sequences, or
procedures of construction or to safety precautions and programs incident thereto. Review
of a specific item shall not indicate the CONSULTANT has reviewed the entire assembly
of which the item is a component. CONSULTANT shall not be required to review partial
submissions or those for which submissions of correlated items have not been received.
CONSULTANT shall maintain a complete log of all submittals of shop drawings, noting
the dates of first submittal and subsequent reviews and resubmittals, approval, etc.
d. As-Equal Materials — CONSULTANT shall evaluate and determine the acceptability of
substitute or"or-equal"materials and equipment proposed by Contractor.
e. Project Schedule—The CONSULTANT shall be responsible for the review and acceptance
of the Contractor's progress schedule. The CONSULTANT shall review the schedule to
ensure that all general work efforts are addressed, that the schedule is following a logical
approach to the job, that it is following sound engineering and construction practices and
that it identifies all critical path work. The CONSULTANT shall monitor the schedule on
a monthly basis, and after a review with the Contractor, advise the Project Manager of any
areas where the Contractor appears to be falling behind.
f. Project Pay Applications — The CONSULTANT shall review and approve/reject any
payment requested by the contractor in an Application for Payment before the pay
application is submitted to the Clerk's office. Payment shall constitute a representation
by the CONSULTANT to PUD based on the Construction inspector's on-site observations
of the work in progress as an experienced and qualified construction professional and on
the CONSULTANT review of the applications for payment and the accompanying data
and schedules that the work has progressed to the point indicated; that to the best of
the CONSULTANT's knowledge, information and belief, the quality of the work is in
accordance with the Contract Documents and that the Contractor is entitled or is not
entitled to the payment of the amount recommended. The CONSULTANT will process
pay requests in accordance with the Florida Prompt Payment Act. All incoming pay
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requests processed by the CONSULTANT shall be mechanically stamped or electronically
stamped and document made read-only with the date received.
g. Request for Information — CONSULTANT shall review and respond to all Requests for
Information(RFI's)that the Contractor submits. If required by PUD staff,CONSULTANT
shall revise construction plans based on response to RFI. CONSULTANT shall maintain a
complete log of all RFIs, noting the dates of first submittal and subsequent reviews and
resubmittals, approval, etc.
h. Change Orders& Work Directives—CONSULTANT shall prepare all Change Orders and
Work Directives during the project for the Project Manager's review and approval. A log
of all change orders and work directives will be maintained and provided at every update
meeting.
i. Review the pre-construction video and pictures assessment book provided by the selected
contractor. Generate a list of issues and submit to the Project Manager no later than two
2) business days after receiving the materials from the contractor.
j. Material Testing Records — Maintain records of all density, sampling and testing
accomplished and analyze such records required to ascertain acceptability of materials and
completed work items. The field reports for records of work and testing results shall be
submitted within one week to the Project Manager.
k. Preparation of Monthly Report—CONSULTANT shall prepare a monthly report of all the
construction activity completed. Sections in the report should include, but not be limited
to,Executive Summary,Contract Cost Status,Project Schedule,Critical Issues,RFI Status,
Submittal Status, Allowance Log, Project Payment Application and Observation Reports
and Project Photos.
1. Permit Requirements — CONSULTANT shall monitor the construction contract to the
extent necessary to determine whether construction activities violate the requirements of
any permits. CONSULTANT shall notify the Contractor of any violations or potential
violations and require immediate resolution of the problem. Violations must be reported to
the Project Manager immediately.
m. Certifications—The CONSULTANT shall prepare and submit certification packages to all
regulatory agencies for the completed sections of the CCWSD'S water and wastewater
systems.
n. Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment,"the CONSULTANT will provide a signed and sealed
certification stating that the Project has been completed by the construction contractor
in accordance with the Plans and Specifications of the Contract Documents as amended by
the CONSULTANT. All services related to the Final Construction Certification shall be
provided to the Project Manager of the Project.
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o. Asset Management Record Information—CONSULTANT shall provide all information in
the electronic format stipulated by PUD staff required to populate the PUD's GIS and Asset
Management system in place at the time of project completion.
p. Final Project Submittal — CONSULTANT shall provide PUD with one complete file,
itemized, and indexed,of all project related records at the conclusion of the Project.
Task 3.2—Public Involvement ("for all four roads")
Public involvement includes communicating to all tenants/property owners and interested persons,
groups,government organizations,and Committees,information regarding the development of the
project.The CONSULTANT will coordinate with the SUBCONSULTANT Cella Molnar,Inc.
for all public involvement tasks. Pursuant to Article 10.3 of this Agreement. the
CONSULTANT is liable for the acts or omissions of the SUBCONSULTANT.
CONSULTANT and SUBCONSULTANT will provide to the COUNTY drafts of all Public
Involvement documents (i.e., newsletters, property owner letters, etc.) associated with the
following tasks for review and approval prior to printing and/or distribution.
a. Attendance at all Contractor& Subcontractor Bi-Weekly/Weekly Progress Meetings: The
SUBCONSULTANT shall attend project progress meeting to obtain the most up-to-date
information from the contractor on the status of the project.
b. Preparation of press release, media/media interviews: At the beginning of and throughout
the project as needed, The SUBCONSULTANT shall provide press releases to media and
assist with media interviews. Press release and media materials will be prepared in English
and Spanish.
c. Prepare and distribute Project Contact Cards: The SUBCONSULTANT shall prepare a
project contact card to include hotline number and website, which will be distributed
throughout the project. Prepared in English and Spanish.
d. Onsite visits: The SUBCONSULTANT shall schedule and attend onsite meetings with
property owners/tenants to discuss their concerns.
e. Preparation of Roadwatch/construction updates: At the beginning of and throughout the
project as needed, The SUBCONSULTANT shall provide Roadwatch reports and
construction updates to the COUNTY. Prepared in English and Spanish.
f. Preparation of materials,MOT information&maps,flyers:The SUBCONSULTANT shall
prepare maps and flyers depicting maintenance of traffic affected the public including local
detours. Prepared in English and Spanish.
g. Two public meetings during Construction.
h. Prepare advertisements (legal ad) (2): The SUBCONSULTANT will prepare a public
information meeting advertisement to be placed in the Naples News. Prepared in English
and Spanish.
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i. Development, preparation of meeting materials: The SUBCONSULTANT shall prepare
the necessary materials for use in public meeting including materials such as hand-outs,
scripts or agenda for presentation, graphics for presentation (to be mounted on boards
district specify),briefing and debriefing of COUNTY staff, displays of plans and report(s)
for the public display, etc. Prepared in English and Spanish.
j. Attendance, Setup and Breakdown at Public Information Workshop: The
SUBCONSULTANT shall schedule and attend one public meeting,assisting with meeting
setup and breakdown.
k. Tech Memorandum: The SUBCONSULTANT shall also prepare a summary of the public
meeting that includes all copies of all materials shown or provided at the public meeting.
The summary shall also include a listing of all written comments made during or after the
meeting and responses to those written comments in the form of a meeting summary.
1. The SUBCONSULTANT may be required to attend small group meeting including
stakeholders, homeowner's associations, civic and business organizations.
m. Advance notification of construction activities: Upon notification by the contractor, the
SUBCONSULTANT will provide advance notification of construction activities to
property owners/tenants. Prepared in English and Spanish.
n. Advance notification of access/driveway changes: The SUBCONSULTANT shall
communicate and coordinate with all impacted property owners and tenants along the
project all driveway notices including driveway crossings and restorations. Project contact
information will appear on the notices. Prepared in English and Spanish.
o. Notification to EMS/Fire Station & Services: At the beginning of the project, the
SUBCONSULTANT shall identify appropriate Emergency Medical Services and other
household services personnel and prepare an email list of all such entities. The
SUBCONSULTANT shall notify EMS, Fire Station and Services of all construction
updates. Prepared in English and Spanish.
p. Develop and maintain project website (5 pages)—English: The SUBCONSULTANT will
prepare and maintain a project web site to provide information on project events,
construction progress maps and status. The SUBCONSULTANT will provide a page to
respond to questions and solicit email for a list of interested stakeholders in order to provide
progress and/or informational electronic mailings.
q. Develop and maintain project website (5 pages)—Spanish: The SUBCONSULTANT will
prepare and maintain a Spanish project website to provide information on project events,
construction progress maps and status. The SUBCONSULTANT will provide a page to
respond to questions and solicit email for a list of interested stakeholders in order to provide
progress and/or informational electronic mailings.This website will have a link on the main
project website.
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r. Respond& record requests/concerns from the public—at the beginning of the project, the
SUBCONSULTANT shall establish a 24-hour telephone hotline and shall maintain and
record all calls throughout the project.
Task 3.3—Warranty Services ("for all four roads")
The CONSULTANT will provide warranty services for one (1)year after the final completion of
the project construction for Phase 1 and Phase 2 listed below. Work under this item is to include,
but not be limited to,the following:
a. Post Construction walk thru: Generate a list of warranty issues and coordinate with the
contractor and residents until the issues are solved.
b. Review the post construction video and pictures provided by the contractor.
c. Keep a log of all warranty issues.
d. One (1) Year Warranty walk thru with the contractor and County Staff.
ADDITIONAL SERVICES
Additional Services (only as authorized in writing) — In accordance with Article Two of this
Agreement; CONSULTANT shall submit a proposal to perform Additional Services prior to the
performance of the work. The proposal shall include the specific services to be performed,time to
complete,compensation,and an explanation as to why the services were not previously envisioned
as part of the scope of work. The proposed Additional Services must be approved by the Project
Manager in writing in advance of performance of said Additional Services. Failure to notify the
Project Manager in writing of Additional Services shall be deemed a waiver of claim by the
CONSULTANT that such services were Additional Services.
REIMBURSABLE EXPENSES
CONSULTANT will be reimbursed for the direct costs incurred for permit fees, plotting plans,
copies,prints,and other expenses in support of the tasks outlined above and per Schedule B of the
attached Agreement. These costs will be itemized as they are incurred.
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S
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part
of its monthly invoice a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any authorized
Additional Services, as of the last day of the subject monthly billing cycle. Among other things,
the report shall show all Service items and the percentage complete of each item.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
payments to CONSULTANT in accordance with the terms stated below. Payments will be made
in accordance with the following Schedule; however, the payment of any particular line item noted
below shall not be due until services associated with any such line item have been completed or
partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made
upon the percentage complete. In no event shall such Time and Materials compensation exceed
the amounts set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-
Exceed'
SEE ATTACHED FEE SUMMARY
Total Lump Sum Fee 200,552.00 $
Total Time and Materials Fee 1,192,553.06
GRAND TOTAL FEE 1,393,105.06 $
Page 19 of 32
PSA_CCNA Single Project Agreement 2017 010 Ver.3
ATTACHMENT TO SCHEDULE B
FEE SUMMARY
1 GREEN BLVD TRANSMISSION WATER MAIN IMPROVEMENTS &
2 SANTA BARBARA BLVD TRANSMISSION WATER MAIN IMPROVEMENTS
1.TASK 1: PRELIMINARY ENGINEERING DESIGN
Task Description Fee Amount Fee Type
1.1 PROJECT START-UP
1 Green Blvd 13,000.00 LS
2 Santa Barbara Blvd 11,144.00 LS
DELIVERABLES:
Kick Off Meeting Agenda with Sign In Sheet
Kick Off Meeting Minutes discussing project action plan
Initial Project Timeline and updated schedules as requested
1.2 HYDRAULIC ANALYSIS (Includes all four roads)
1  Green Blvd & Santa Barbara Blvd 25,240.00 LS
3  Golden Gate Pkwy &Sunshine Blvd 25,240.00 LS
DELIVERABLES:
Modeling results of surge analysis with potential recommendations for pipe material and
surge attenuating devices.
1.3 SURVEYING SERVICES
1 Green Blvd 27,656.00 LS
2 Santa Barbara Blvd 29,506.00 LS
DELIVERABLES:
Boundary and Topographic surveys (2 full size, 1 half size and AutoCad files (dwg)with
latest aerial photography as background.
1.4 GEOTECHNICAL INVESTIGATION
1 Green Blvd 11,517.00 T&M
2 Santa Barbara Blvd 11,816.00 T&M
1.5 SOFT DIG INVESTIGATION
1 Green Blvd (8 trenches and 5 potholes) 26,212.00 T&M
2 Santa Barbara Blvd (10 trenches and 3 potholes)31,354.00 T&M
1.6 30% PLANS PREPARATION
1 Green Blvd 37,882.00 T&M
2 Santa Barbara Blvd 32,272.00 T&M
2.TASK 2: DESIGN (Permitting for all four roads except GMD ROW permitting)
2.1 FINAL DESIGN AND PERMITTING PHASE
1 Green Blvd 67,699.00 T&M
2 Santa Barbara Blvd 62,053.00 T&M
2.2 BIDDING AND AWARD PHASE
1 Green Blvd 5,679.00 T&M
2 Santa Barbara Blvd 5,679.00 T&M
2.3 PUBLIC INVOLVEMENT
1 Green Blvd 31,800.57 T&M
2 Santa Barbara Blvd 28,455.84 T&M
ATTACHMENT TO SCHEDULE B Page I of 3 JUNE 18,2020
3.TASK 3: CONSULTATION SERVICES DURING CONSTRUCTION
3.1 CONSTRUCTION ADMINISTRATION
1 Green Blvd 49,825.00 T&M
2 Santa Barbara Blvd 42,443.00 T&M
3.2 PUBLIC INVOLVEMENT
1 Green Blvd 12,932.08 T&M
2 Santa Barbara Blvd 12,482.08 T&M
3.3 WARRANTY SERVICES
1 Green Blvd 4,926.00 T&M
2 Santa Barbara Blvd 4,926.00 T&M
ADDITIONAL SERVICES
1 Green Blvd 75,000.00 T&M
2 Santa Barbara Blvd 75,000.00 T&M
1 GREEN BLVD AND #2 SANTA BARBARA BLVD SUMMARY
FEE FEE
AMOUNT TYPE
1 GREEN BLVD WATER MAIN TRANSMISSION IMPROVEMENTS $ 389,368.65 T&M/ LS
2 SANTA BARBARA BLVD WATER MAIN TRANS. IMPROVEMENTS $ 372,370.92 T&M/ LS
1 GREEN BLVD REIMBURSABLE EXPENSES $ 7,087.50 T&M
2 SANTA BARBARA BLVD REIMBURSABLE EXPENSES $ 7,087.50 T&M
1 GREEN BLVD AND #2 SANTA BARBARA BLVD TOTAL $ 775,914.57 T&M/LS
3 GOLDEN GATE PKWY TRANSMISSION WATER MAIN IMPROVEMENTS &
4 SUNSHINE BLVD TRANSMISSION WATER MAIN IMPROVEMENTS
1. TASK 1: PRELIMINARY ENGINEERING DESIGN
Task Description Fee Amount Fee Type
1.1 PROJECT START-UP
3 Golden Gate Pkwy 16,000.00 LS
4 Sunshine Blvd 8,144.00 LS
DELIVERABLES:
Kick Off Meeting Agenda with Sign In Sheet
Kick Off Meeting Minutes discussing project action plan
Initial Project Timeline and updated schedules as requested
1.3 SURVEYING SERVICES
3 Golden Gate Pkwy 29,506.00 LS
4 Sunshine Blvd 15,116.00 LS
DELIVERABLES:
Boundary and Topographic surveys (2 full size, 1 half size and AutoCad files (dwg)with
latest aerial photography as background.
1.4 GEOTECHNICAL INVESTIGATION
3 Golden Gate Pkwy 9,915.25 T&M
4 Sunshine Blvd 4,253.40 T&M
1.5 SOFT DIG INVESTIGATION
3 Golden Gate Pkwy 34,806.00 T&M
4 Sunshine Blvd 12,280.00 T&M
1.6 30% PLANS PREPARATION
3 Golden Gate Pkwy 34,560.00 T&M
4 Sunshine Blvd 29,440.00 T&M
ATTACHMENT TO SCHEDULE B Page 2 of 3 JUNE 18,2020
2.TASK 2: DESIGN
2.1 FINAL DESIGN AND PERMITTING PHASE
3 Golden Gate Pkwy 49,166.00 T&M
4 Sunshine Blvd 24,930.00 T&M
2.2 BIDDING AND AWARD PHASE
3 Golden Gate Pkwy 5,679.00 T&M
4 Sunshine Blvd 5,679.00 T&M
2.3 PUBLIC INVOLVEMENT
3 Golden Gate Pkwy 28,455.84 T&M
4 Sunshine Blvd 28,455.84 T&M
3. TASK 3: CONSULTATION SERVICES DURING CONSTRUCTION
3.1 CONSTRUCTION ADMINISTRATION
3 Golden Gate Pkwy 60,000.00 T&M
4 Sunshine Blvd 32,268.00 T&M
3.2 PUBLIC INVOLVEMENT
3 Golden Gate Pkwy 12,482.08 T&M
4 Sunshine Blvd 12,482.08 T&M
3.3 WARRANTY SERVICES
3 Golden Gate Pkwy 4,926.00 T&M
4 Sunshine Blvd 4,926.00 T&M
ADDITIONAL SERVICES
3 Golden Gate Pkwy 75,000.00 T&M
4 Sunshine Blvd 75,000.00 T&M
FEE
3 GOLDEN GATE & #4 SUNSHINE SUMMARY FEE AMOUNT
TYPE
3 GOLDEN GATE PKWY WATER MAIN TRANSMISSION IMPROVEMENTS $ 360,496.17 _ T&M/ LS
4 SUNSHINE BLVD WATER MAIN TRANSMISSION IMPROVEMENTS $ 252,974.32 T&M/LS
3 GOLDEN GATE REIMBURSABLE EXPENSES $ 1,860.00 T&M
4 SUNSHINE REIMBURSABLE EXPENSES $ 1,860.00 T&M
3 GOLDEN GATE & #4 SUNSHINE TOTAL $ 617,190.49 T&M/ LS
PROJECT SUMMARY
FEE FEE
AMOUNT TYPE
GREEN AND SANTA BARBARA TOTAL $ 775,914.57 T&M/LS
GOLDEN GATE AND SUNSHINE TOTAL $ 617,190.49 T&M/ LS
PROJECT TOTAL $ 1,393,105.06 T&M/LS
ATTACHMENT TO SCHEDULE B Page 3 of 3 JUNE 18,2020
4D)
B.2.2. **Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts
to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean
the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel,
with respect to this Project, including all indirect payroll related costs and fringe benefits, all in
accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY's prior written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount
to be paid to CONSULTANT for the performance of the Basic Services. There shall be no
overtime pay without the COUNTY's prior written approval.
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for
under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed under
the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies
and out-of-pocket expenses incurred in the performance of all such services.
B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more
than one invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by the COUNTY.
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G
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall
be deemed of the essence with respect to the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a
maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in
the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the
following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals, all
in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY,
may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses,
except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
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0
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
CA
SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal 238
Senior Project Manager 201
Project Manager 165
Senior Engineer 175
Engineer 136
Senior Inspector 117
Inspector 96
Senior Planner 164
Planner 130
Senior Designer 128
Designer 109
Environmental Specialist 120
Senior Environmental Specialist 156
Scientist/Geologist 115
Senior Scientist/Geologist 156
Marine Biologist/Hydrogeologist 133
Senior Marine Biologist/Hydrogeologist 169
Senior GIS Specialist 149
GIS Specialist 114
Clerical/Administrative 73
Technician 83
Surveyor and Mapper 142
CADD Technician 95
Survey Crew - 2 man 152
Survey Crew - 3 man 185
Survey Crew - 4 man 218
Senior Architect 177
Architect 148
Subsurface Utility Exploration (3-man crew + StarVac Truck at$105 per hour) 290
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment
upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects,
the above hourly rates are for purposes of providing estimate(s), as required by the grantor
agency.
Page 23 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Cumulative Number
of Calendar Days
Task/Item
For Completion
Description
from Date of
Notice to Proceed for
Services under this
Agreement
Task 1 (Phase 1) Preliminary Engineering Design 120
Task 2 (Phase 1) Design 364
Task 3 (Phase 1) Consultation Services During Construction 1,095
Task 1 (Phase 2) Preliminary Engineering Design 2,190
Task 2 (Phase 2) Design 2,190
Task 3 (Phase 2) Consultation Services During Construction 2,190
Page 24 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3.Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
CA
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? Yes I No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $ 1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? n Yes n No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? I I Yes • No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? Yes No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Page 26 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
l
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $ 1,000,000 Per Occurrence,
2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? Yes • No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? I Yes IN No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? IN Yes No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The
ownership.
Page 27 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? Yes No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? Yes IU No
Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? I I Yes I I No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
Page 28 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
f
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY
and the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a
renewal occurs during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that any such
credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY
and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the
provision of project-specific professional liability insurance policy in consideration for a reduction
in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
CAO'
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Johnson Engineering, Inc. company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning " Golden Gate City Transmission Water Main Improvements Design project
is accurate, complete and current as of the time of contracting.
BY: ilitirsiTISV
TITLE: Vi 62 - I ireSi44
DATE: r7-20
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PSA_CCNA Single Project Agreement 2017.010 Ver.3
9
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage
of Time
Michael Dickey Principal 7%
Mark Thomas Senior Engineer 2%
William Saum Engineer 32%
Michael Tiseo Senior Designer 16%
Travis Means Designer 14%
Mark Texter Surveyor and Mapper 2%
Survey -3 Crew Survey -3 Crew 7%
John Curtis Senior Environmentalist 3%
Kim Arnold Senior Scientist 1
Lisa Baughman Clerical/Administrative 8%
Subsurface Utility Exploration Crew Subsurface Utility Exploration 5%
Jared Brown Senior Engineer 1%
Page 31 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
SCHEDULE G
Other:
Description)
E following this page (pages through )
F. this schedule is not applicable
Page 32 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
AC CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
9/8/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
BKS Partners
NAME: Yantza Soto
P.O. Box 60043 NC,NNo,Ext):239-931-3021 FAX No):239-931-5604
Fort Myers FL 33906-6043 ADDRESS: yaritza.soto@bks-partners.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:American Cas Co of Reading PA 20427
INSURED JOHNS05
INSURER B:Continental Insurance Company 35289JohnsonEngineering, Inc.
INSURER Valley ForgeBox2112 Insurance Co. 20508
Fort Myers FL 33902-2112 INSURER D:Continental Casualty Company 20443
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:279950749 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE INSD SUBRQ POLICY NUMBER
POLICY EFF POLICY EXP
LIMITSMMIDDIYYYY) (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY Y Y 4027219232 9/15/2020 9/15/2021 EACH OCCURRENCE 1,000,000
CLAIMS-MADE X OCCUR
DAMAGE TO RENTED
PREMISES(Ea occurrence) $100,000
MED EXP(Any one person) $15,000
X , XCU PERSONAL&ADVINJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER:
D AUTOMOBILE LIABILITY 5084100207 9/15/2020 9/15/2021 COMBINED SINGLE LIMIT $1,000,000Eaaccident)
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
BODILY INJURY(Per accident) $AUTOS ONLY AUTOS
X HIRED
X
NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
X PIP PIP 10,000
B X UMBRELLA LIAB X OCCUR 4034928401 9/15/2020 9/15/2021 EACH OCCURRENCE 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000
DED X RETENTION$infirm
C WORKERS COMPENSATION WC434939852 9/24/2020 9/24/2021 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE
N/A
E.L.EACH ACCIDENT 1,000,000
OFFICER/MEMBER EXCLUDED?
Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
PROJECT:Collier County—Golden Gate City Transmission Water Main Improvements Design, RPS No. 19-7637
Collier County is listed as additional insured with respect to general liability,as per endorsement CNA75079XX.A waiver of subrogation applies to the general
liability policy. 30 days notice of cancellation applies except 10 days for nonpayment.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Commissioners
3295 Tamiami Trail East
Naples FL 34112
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037; or
B. additional insured coverage with "arising out of language; or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract; or
B. a higher limit of insurance than required by the written contract.
IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to
add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX (10-16) Policy No: 4027219232
Page 1 of 2 Endorsement No: 7
TRANSPORTATION INSURANCE COMPANY Effective Date: 09/15/2019
Insured Name: JOHNSON ENGINEERING, INC.
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written
contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation,
defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or
self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However,
if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not
apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and
B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75079XX (10-16) Policy No: 4027219232
Page 2 of 2 Endorsement No: 7
TRANSPORTATION INSURANCE COMPANY Effective Date: 09/15/2019
Insured Name: JOHNSON ENGINEERING, INC.
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A
CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH
CONTRACT OR AGREEMENT:
1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND
2 . WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND
ADVERTISING INJURY GIVING RISE TO THE CLAIM
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.)
Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled
Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:
With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the
Insurer may have against such person or organization because of payments the Insurer makes for injury or damage
arising out of the Named Insured's ongoing operations or your work included in the products-completed operations
hazard.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,
and expires concurrently with said Policy.
CNA75008XX (10-16) Policy No: 4027219232
Page 1 of 1 Endorsement No: 9
TRANSPORTATION INSURANCE COMPANY Effective Date: 09/15/2019
Insured Name: JOHNSON ENGINEERING, INC.
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.