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Agenda 12/14/2021 Item #16C 2 (RPS Contract #21-7904 to Johnson Engineering, Inc.)16.C.2 12/14/2021 EXECUTIVE SUMMARY Recommendation to award an agreement for Request for Professional Services ("RPS") No. 21- 7904, "CEI Services for Hamilton Avenue," to Johnson Engineering, Inc., for a total not to exceed amount of $390,539, authorize the Chair to sign the attached agreement, and approve a $400,000 budget amendment from General Fund reserves or existing General Fund appropriations setting up an advance to Boater Improvement Fund (303) which will provide sufficient cash for the desired CEI services. OBJECTIVE: To obtain professional construction engineering and inspection ("CEI") services for the Hamilton Avenue improvements project. CONSIDERATIONS: Roadway beautification and parking improvements to Hamilton Avenue and Danford Street are a component of the Thomasson Drive Beautification project. These improvements will create a seamless pathway from the completed Thomasson Drive beautification project down Hamilton Avenue, add Bayview Park overflow boat trailer parking as well as a multi -use path to Hamilton Avenue, and connect to a future sidewalk to be installed down Danford Street into Bayview Park. On September 28, 2021 (Agenda Item 11.13), the Board awarded ITB No. 21-7899, "Hamilton Avenue Improvements," in the amount of $3,246,304.75 to Haskins Inc. The attached agreement being recommended for approval is for the CEI services for the Hamilton Avenue Improvements project. The Danford Street improvements have been temporarily delayed so that a newly expanded scope of improvements can be prepared allowing the City of Naples ("City") to replace an underground 6" water main contemporaneously with the County's improvements to that Street. As a result, the CEI services for Danford were removed from this award. A new solicitation will be done for CEI services in parallel with the construction solicitation in early Q3, 2022. Constructing the City's improvements at the same time as the County's will result in less disruption to the area and a cost savings to both the City and County's taxpayers. An interlocal agreement with the City providing for that construction is being prepared and will come forward at a future meeting. On October 12, 2021 (Agenda Item 16.C.4), the Board approved the selection committee's ranking for RPS No. 21-7904 and authorized staff to negotiate a contract with the top -ranked firm, Johnson Engineering Inc. to provide these CEI services. Johnson Engineering has been in business for more than 75 years. They have an office in Naples located within a mile of the County main campus and have experience working for cities, counties, and state governmental institutions. Between October 15th and November 9, 2021, staff met with Johnson Engineering and negotiated the fees for the attached proposed agreement. Johnson provided an estimated fee schedule with a total project cost of $436,831. Ultimately, staff negotiated a final fee for these services in the amount of $390,539. The terms of the attached Agreement provide for $358,043 in CEI man-hour costs, $27,656 in laboratory testing and asphalt plant inspection costs, and $4,840 in landscape inspection support services, for a total amount not to exceed $390,539. These fees are in -line with the completed Thomasson Drive project. Construction for Hamilton Avenue is planned to start early in the first quarter of 2022. Construction duration is 270 days to substantial completion, with an additional 60 days to reach final completion. Therefore, construction is expected to be finished at the end of the fourth quarter of 2022 or early in the first quarter of 2023. FISCAL IMPACT: Funding for the Hamilton Ave Parking Project 50171 is contained within FL Packet Pg. 1389 12/14/2021 16.C.2 Boating Improvement Fund (303). Additional funds are needed in Project 50171 to support the CEI component of the project, and the attached budget amendment totaling $400,000 will advance funds from General Fund Reserves or existing General Fund Appropriations providing cash and budget to procure the desired services. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award an agreement for RPS No. 21-7904, "CEI Services for Hamilton Avenue," to Johnson Engineering, Inc., for a total not to exceed amount of $390,539, authorize the Chair to sign the attached agreement, and authorize the necessary budget amendments. Prepared by: Olivier Sureau, Project Manager, Facilities Management Division ATTACHMENT(S) 1. [Linked] 21-7904 JohnsonEngineering_VendorSigned (PDF) 2.21-7904 JohnsonEngineering_Insurance (PDF) Packet Pg. 1390 16.C.2 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 20704 Item Summary: Recommendation to award an agreement for Request for Professional Services ("RPS") No. 21-7904, "CEI Services for Hamilton Avenue," to Johnson Engineering, Inc., for a total not to exceed amount of $390,539, authorize the Chair to sign the attached agreement, and approve a $400,000 budget amendment from General Fund reserves or existing General Fund appropriations setting up an advance to Boater Improvement Fund (303) which will provide sufficient cash for the desired CEI services. Meeting Date: 12/14/2021 Prepared by: Title: — Facilities Management Name: Olivier Sureau 11/23/2021 3:14 PM Submitted by: Title: Director - Facilities Maangement — Facilities Management Name: Ed Finn 11/23/2021 3:14 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sue Zimmerman Additional Reviewer Community & Human Services Lisa Oien Additional Reviewer Facilities Management Ed Finn Director - Facilities Facilities Management Ayoub AI-bahou Additional Reviewer Parks & Recreation Barry Williams Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department Joseph Bellone Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Public Services Department Dan Rodriguez Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Growth Management Operations Support Christopher Johnson Office of Management and Budget Susan Usher Additional Reviewer Completed 11/23/2021 4:42 PM Completed 11/23/2021 4:57 PM Completed 11/23/2021 5:04 PM Completed 11/24/2021 8:54 AM Completed 11/29/2021 8:22 AM Completed 11/29/2021 11:40 AM Completed 11/30/2021 10:20 AM Completed 11/30/2021 12:17 PM Completed 12/01/2021 8:22 AM Completed 12/01/2021 11:30 AM Completed 12/01/2021 12:31 PM Completed 12/01/2021 1:36 PM Additional Reviewer Completed Completed 12/04/2021 4:48 PM Packet Pg. 1391 16.C.2 12/14/2021 County Manager's Office Board of County Commissioners Mark Isackson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 12/06/2021 8:28 AM 12/14/2021 9:00 AM Packet Pg. 1392 I 16.C.2.b I ACORN CERTIFICATE OF LIABILITY INSURANCE DATE IN 11 /22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Yarltza Soto BKS Partners PHONE FAX P.O. Box 60043 AIC No Ext : 239-931-3021 A/C No): 239-931-5604 Fort Myers FL 33906-6043 ADDRESS: yaritza.soto@bks-partners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Casualty Company of R 20427 INSURED JOHNS05 Johnson Engineering, Inc. PO Box 2112 Fort Myers FL 33902-2112 INSURER B : The Continental Insurance Co 35289 INSURER C : Valley Fore Insurance Company 20508 INSURER D : Continental Casualty Company 20443 INSURER E : COVERAGES CERTIFICATE NUMBER:867091781 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 4027219232 9/15/2021 9/15/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREMISES (Ea occur DAMAGE TO ante $ 100,000 MED EXP (Any one person) $ 15,000 X XCU PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: D AUTOMOBILE LIABILITY Y 5084100207 9/15/2021 9/15/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X PIP $ 10,000 PIP B X UMBRELLA LIAB X OCCUR 4034928401 9/15/2021 9/15/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC434939852 9/24/2021 9/24/2022 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) 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: Contract No. 21-7904 - CEI Services for Construction Services for Hamilton Avenue Collier County Board of County Commissioners is listed as additional insured with respect to general liability on a primary and noncontributory basis, as per endorsement CNA75079XX and auto liability per CA2048. 30 days notice of cancellation applies except 10 days for nonpayment. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East, Bldg. C-2 Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '12�. w-1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1393 16.C.2.b DNA 1 Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: JOHNSON ENGINEERING, INC. Endorsement Effective Date: 09/15/2021 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED,BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON/ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Form No: CA 20 48 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 6; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 5084100207 Policy Effective Date: 09/15/2021 Policy Page: 75 of 290 ° Copyright Insurance Services Office, Inc., 2011 Packet Pg. 1394 16.C.2.b CNA CNA PARAMOU 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 N M such additional insured with: N m N A. coverage broader than required by the written contract; or 0 a 0 B. a higher limit of insurance than required by the written contract. N 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: 8 AMERICAN CASUALTY CO OF READING, PA Effective Date: 09/15/2021 Insured Name: JOHNSON ENGINEERING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1395 16.C.2.b CNA CNA PARAMOU 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: 8 AMERICAN CASUALTY CO OF READING, PA Effective Date: 09/15/2021 Insured Name: JOHNSON ENGINEERING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1396 JOHNENG-01 16.C.2.b '4coRo CERTIFICATE OF LIABILITY INSURANCE FIATI(MMIDD/YYYY) 1/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C, No, Ext): (321) 445-1117 (A/C, No): (321) 445-1076 JCJ Insurance Agency, LLC 2208 Hillcrest Street E-MAIL ADDRESS: certs@jcj-insurance.com Orlando, FL 32803 INSURER S AFFORDING COVERAGE NAIC # Q INSURER A: Berkley Insurance Company 32603 W INSURED INSURER B : U INSURER C : Johnson Engineering, Inc. INSURER D 2122 Johnson St. d Fort Myers, FL 33901 E INSURER E: N INSURER F : i O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W D POLICY NUMBER POLICY EFF MM DD YYYY POLICY EXP MM DD YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ W KERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab AEC-9047720-06 9/15/2021 9/15/2022 Per Claim 2,000,1 A AEC-9047720-06 9/15/2021 9/15/2022 Aggregate 2,000,1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract No. 21-7904 - CEI Services for Construction Services for Hamilton Avenue Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 1397 PROFESSIONAL SERVICES AGREEMENT Contract # 21-7904 for • CEI Services for Construction Services for Hamilton Ayanua " THIS AGREEMENT is made and entered into this _day of 20 �± by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY'") and JOHNSON ENGINEERING, INC. authorized to do business in the State of Florida, whose business address is 2122 Johnson Street, Fort Myers Florida 33901 (Hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). W IT N ESS ETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning CEI services for Construction Services for Hamilton Avenue (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 antl 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 pertormed 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. Pagc 1 of 32 PSA_CCNA SinglC Pmjcct Agrc¢mant_Ver.4 Oq 1 .3. Tha CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and pertormed 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 desig Hates Joshua Hildebrand, 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 [he 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 su bconsultants or subcontractors or any personnel of any such su bconsulta nts or subcontractors engaged by the CONSULTANT to provide and parto rm 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. Tha 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 States of Florida, as well as in accordance with all applicable laws, statutes, inctudin9 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 pertormed by CONSULTANT hereunder, the Local Government Prompt Payment Act (216.735 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: Pege 2 of 32 P$p_CCNA Single P,ojecl Agreemen,_Vec4 CA Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite '102 Naples, FL 34'1 '12-5746 Telephone: (239) 252-8999 Email: PublicRecord ReguestCcDcolliercou ntvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: �. Keep and maintain public records required by the public agency to pertorm the se NlCe. 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 no[ exceed the cost providetl In this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or co nfida ntial 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 pertorm 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. t .8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its bast 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 antl accurate documents necessary for successful construction of the Project. 'I.g. 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 fetleral requirements and/or codas and ordinances applicable to CONSULTANT's pe rtormance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY Pege 3 0£32 PSA_CCNA Single Project Ag�aemem_Vec4 CA rase ryes 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 forteited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-pertormance whether or not the COUNTY obtained substitute pertormance. 1.1 O. 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 pertormanca 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/g0). The drawings should either reference specific established Survey Monumentation, such as CertiFed 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 AUUITIO NAL SERVICES OF CONSULTANT 2.1. If autharizatl 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 rasponsibie 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 ba 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 pravitla the forty-eight (48) hour written notice noted above, waives CO NSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of pertormance under Page 4 0£32 PSA—CCNA Single PmJect Agreement—VCrA CA this Agreement. The following services, if not otherwise specified in Schatlule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1 .2 Services resulting from significant changes in the general scope, extent or character of the Project or its tlesign including, but not limitetl 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 taws, rules, regulations, ordinances, codes or orders enacted subseq uant to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are tlue to any other causes beyond CONSULTANT'S control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. 2.1 .4 Investigations entl studies involving detailed consideration of operations, maintenance and overhead expanses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaivatin9 processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.6 Furnishing services of independent professional associates entl consultants for other than the Basic Services to be providetl by CONSULTANT hereunder. 2.1 .6 Services during travel outside of Collier entl Lee Counties required of CONSULTANT and directetl by the COUNTY, other than visits to the Project site or the COU NTY's office. 2.1.7 Preparation of operating, maintenance entl staffing manuals, except as otherwise providetl for herein. 2.1 .8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceetling, involving the Project (except for assistance in consultations which era included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provitlatl for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accortlance with generally acca ptetl professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COU NTY'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 CONSU LTANT's services for the Project. However, the Project Manager is not Page 5 of 32 PSA_CCNA Sin81v Pmlttl A6rc¢,mnt_Vec4 CA authorized to Issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and pertormed 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 pertormed in accordance with this Agreement; b. Provide all critarla and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and pertormance 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 partlnant to the Project, including existing drawings, specifications, shop drawings, p rotluct 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 pertorm 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 Protect and shall be performed and completed in accordance with the Project Milestone Schetl ule attached hereto and made a part hereof as Schedule C. Time is of the esse nca with respect to the pertorm ante 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 g overnmant or of the COUNTY, £ras, 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 ba 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 CONSU LTANT's services from any cause whatsoever, including those for which the Page 6 0£32 PSA_CCNA Single Pmjal Ag�teTem_Vei.9 CAt 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. CONSU LTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementionatl "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, (f through no fault or neglect of CONSULTANT, the services to be provitlad hereunder have bean delayed for a total of '180 calendar days, CONSU LTANT's compensation shall be equitably atljustatl, with respect to those services that have not yet been pertormetl, 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, pertorm or complete any of the services to be providetl 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 pertormance 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 pertorming Work under this Agreement or any payment issuatl 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.'I. Compensation and the manner of payment of such compensation by the COUNTY for services rentlered 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 <Fxxed 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 pertorm to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Times and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to pertonn the work (number of hours times hourly rate), and for materials antl equipment used in the project (cost of materials plus the contractor's mark-u p). 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 inclutla number of hours worketl 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. Pegs 7 of 32 PSA_CCNA Single PmJ'ecf Agreement_Vec9 CA 5.2. The hourly rates as set forth and identified in Schedule B, which is atta chatl hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in oarac raoh 5.1 above. n 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, Micro Station 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 [he 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 com pansation, 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 CO NSULTANT's termination for any reason or to pertorm 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. Tha 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 data as may be required bylaw; 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 Pege 8 of 32 hSA_CCNA Single Projec[ Agmemonl_Vac6 AO CONSULTANT or anyone employed or utilized by the CONSULTANT in the pertormance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or ramatlies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as tlefinatl 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 pertormanca untler 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 Ag ream ent shall include the following provisions and conditions by entlorsement to the policies: 9.3.1. Ail 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 atltlitional 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 daducti bias which all are at the sole responsibility antl 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 pertormabie in Collier County, Florida, and shall be construed in accortlance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. Page 9 of 32 PSA—CCNA Single Pmjecl AgrcemenLYecO 9.5. All insurance companies from whom CONSULTANT obtains the Insurance policies required hereunder must meet the following minimum requirements: 9.5.1. Tha insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1 . The services to be performed hereunder shall be pertormed 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 parson or firm. Nor shall anything in this Agreement ba 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 Schad ule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable far 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 pertormetl 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 vase to orsz PSA_CCNA 3in61e PmJCti A3�eemenl_Vec9 11.1. CO NSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made In writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be con sitlered in material default of this Agreement and such default will ba co nsidarad cause for the COUNTY to terminate this Agreement, in whole or in part, as further sat forth In this section, for any of the following reasons: (a) CONSU LTANT's failure to begin services under the Agreement within the times specified under the Notica(s) to Proceed, or (b) CONSU LTANT's failure to properly and timely perform the services to ba 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 CONSU LTANT'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 ba 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 data of termination, together with any retain age withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not ba 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, modals, 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 snail 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 Pag¢ 11 of 32 PSA_CCNA Single P ject Ag,eemen[_Vec9 CAO written notice of such suspension. If all or any portion of the services to be rendered hareu nder 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 otharvvisa persistently fails to fuITi II some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (li) the COUNTY has failed to cure such default within fou rtean (14) days of receiving written notice of same from CONSULTANT, than CONSULTANT may stop its pertormance 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 parsons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSU LTANT's intent to terminate this Agreement. If the COUNTY does not cure Its default within fourteen (14) days after receipt of CONSU LTANT'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 partormad 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, indivitl ual 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 ag tees 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 Page 12 of 32 PSA_CCNA Single Protect Agreemen[_Vec4 Cps required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to pertorm those services. ARTICLE FIFTEEN MODIFICATION t 5.t. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD t 6.t. 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 COU NTY's address of record: Board of County Commissioners for Colllar County, Florida Division Nama: Facilities Management Division Division Director: Ed Finn Address: 3338 Tamiami Trail E. Naples. FL 34t t 2 Admin istrativ¢ Ag¢nt/PM: Olivier Sureau Tal¢phon¢: 239-252-8380 E-Mail(s ): Olivier.Sureau(DColliarcountvfl.goy '16.2. All notices required or made pursuant to this Agreement to ba given by the COUNTY to the CONSULTANT shall ba 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 Nam¢: Johnson Engineering, Inc Address: 2122 Johnson Strsat Fon Myers, Florida 3390t Att¢ntion Name S Title: Lonnie V. Howard P.E. President: Joshua Hildebrand. P.E. T¢laphon¢: 239-872-4039 E-Mall(s): IvhCa7Johnsoneng.com� iihCr�3iohnsonang.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. Page 13 oe �2 PSA_CCNA Single Pmjw[ Ap{eemeni_Ver.9 CAO ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be tleemed 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. 17.8. This Agreement, including the referenced Schedules antl Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any antl all prior agreements or understandings, written or oral, relating to [he matter sat forth herein, and any such prior agreements or untlerstanding shall have no force or effect whatever on this Agreement. 17.7. Vnless othewise 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 referents incorporatetl herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEUU LE Schad ule � INSURANCE COVERAGE Schedule E CCNA Pro facts: TRUTH IN NEGOTIATION CERTIFICATE Schad ule F KEY PERSONNEL Schetlula G Other: Solicitation ft 21-7904 ,including all Attachment(s), Exhibits) & Addentlum Consultant's Proposal 1 7.1 O. Page ] 9 of J2 PSA_CCNA Single Project Agmement_VeG9 CA ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreem ant shall be govemetl 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 atlju sted 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 Ilst 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." Pege 15 ot'32 PSA_CCNA Single Projec[ AgreemenLVee9 C/�r ARTICLE TWENTY UISP UTE 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. Tha 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 raa chad during negotiations to the COUNTY for approval. Falling resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff parson who would make the presentation of any settlement reached at mediation to the COU NTY's board for approval. Should either party fall to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stet. 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 sea. and regulations relating thereto, as either may ba 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. Pege 16 or32 PSA_CCNA Single Prcject Agreement_Ve! 6 CAV IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller Date: Approved as to Form and Legality: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA County Attorney Name Consultant: Consultant's Witnesses: JOHNSON ENGINEERING, INC. Witness M; ( V%e-1 k Co\, nareS . Ar V4%I*r,M Name and Title At�siulk- �Ye� ?ere Name and Title , Chairman By: Lonnie V. Howard, President Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement_Ver,4 �p� SCHEDULE A STATEMENT OF WORK following this page (page 5l through�� Pegc 18 0£32 PSA_CCNA Single Pr jec[ AgremnmLVer.4 CA�� SCHEDULE °iA" STATEMENT OF WORK CEI SERVICES FOR CONSTRUCTION SERVICES FOR HAMILTON AVENUE SCOPE OF WORK This scope of services describes and defines the Construction Engineering and Inspection (CEI) servi«s which are tvquiretl for cons[ruc[abili[y r¢view, value engineering, contract administration, inspection, and materials sampling and testing for the construction project listed below. SCOPE The proj ec[ £or which the services are required are: County Project No: 83011cons DescrlPilona: Roadway Improvement Construction will be a cording to Improvements o£ Hamilton Ave documents preparetl by RWA Engineering, Inc. and other design subconsultan[s [o RWA. County: Collier Exercise independent professional judgment pea'forming obligations and rcsponsibilitiea antler [his Agreement. Pursuant to Section 4.1.4 of the Construction Project Atlminis[retion Manual (CPAM), the authoriTy of [h¢ Consultant's lead person, such as thaSenior Project Engineer, and [he Consultant's Project Atlministrator shell be identical to the Collier County Construction Management Department. Services provided by the Consultant shall comply with FDOT manuals and all applicable Collier County manuals, stantlards, procedures, and memorandums In effect Bs Of the date of ¢xecution Of the agreement unl¢ss otherwise directed in writing by [he County. Such FDOT manuals, procedures, and memorandums are found at [he State Construction Officer's website, see link below f <a On a single Conshvc[ion Contract, i[ is a conflict of interest }br a professional Frm to receive compensation F m both the Covn[y end the Con[rector either directly or intlirecdy. LENGTH OF SERVICE CEI contract may begin 3 weeks prior to the construction contract NTP and will end two months after constmMion completion. The services for each Construction Con[rac[ shall begin upon written notification to proceed by the County. The County Construction Project Manager shall track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personn¢I shall be ssigned until written notfcation by the County has been i ued, the Consultam shall be ready to assign personnel within two weeks of noti fice[ion. For the duration of the proJeco, cooNinate closely with the County and Contractor [o m nimiu rescheduling of Consultant activities due [o constvction delays or changes in scheduling of Contractor activities. Page 1 oe to CAt� DEF[N [T[ONS A. AareemmT The Professional Services Agreement between the County and the Consultant setting forth the obligations o£Ne parties thereto, including but not limited to the performance of the work, Pornishing of services,and the basis of payment. B. Contractor: The individual, firm, or company contracting with the County for performance of ork or furnishing of materials. C. Construction Contract: The written agreement between the County end [ha Contractor setting forth [he obligations of the parties th¢retd, including but not limited to the performance of the work, Pornishing of labor and metedets, and the basis of payment. D. Consimetion Prgjecf Men r: The County employee a signed to manage the Construction Engineering and Inspection Contract and represent the County during the performance o£th¢ services covered under this agreement. E. 1' � P m (CTQP): The Department program for training end gvelifying technicia n Aggregates, Asphalq Concrete, Earthwork, and Final Estimates Administration. Program information is ailable at CTQP website. F. Consultam: The Consulting firm under contract [o the County for administration of Construction Engin¢ering andlnspection services. O. Consultant Pvniect Administrator: The employe¢ essi8ned by the Consultant [o be in charge of providing Construction Con[raot administration services for one of mor¢ Construction Projects. H. �Ifen[ c n r PI'niMt �: The Engineer assigned by the Consultant to be in charge oFproviding Construcxion Contract edministretion for one or more Consttvctlon Pr jects. This person may supmvise other Consultant employees end act as [he lead Engineer for Ch¢ Consultant. I. County Consu'ucCon Mana¢cr: The adminisu'a[ive head of [he Facilities Management Division J. D1'ecmr of Trv� ortetion Overal'ons: The Director of Construction, Maintenance, Trefflc Operations, Malcnals,and Safety. K. Division Adm'n'stretor: The Administrative Head of [he County's Growth Management Division/PSD/PUD. L. Enainee � of Record: The engineer notetl on [he Construction plans as [he responsible person for the design andpr¢paretion of tho plans. M. FDOT Overa[io s Enaineer: The Englne¢r assigned [o a particular County m area [o administer Construction andMain[enance Contracts for the FDOT. N. Public Information Officer: The County employee assigned to manage [he Public Information rrngram. O. Resident Comolian a Svec'alist The employee assigned by the Consultant to oversee ptnject specific compliancefunc[ions P. Resident Enaineer: The Engineer assigned to a particular County or area to administ¢f Construction Contrec[s forth¢ DepaHment. Q. 4131g1:: The Board of County Commissioners for Collier County. Florida. A political subdivision of the State otFlorida. R. �Cp�(n y: Cvlli¢r County, a political subdivision of the State of Flor[de. tTE S O E N[SFtED BY THE CO TV LTA T A. The County, on an ea needed basis, will furnish the following Construction Contract documents for this p jecLThesa documents may be provided in either paper or el¢e[ronic Format. 1. Construction Plans, electronic copy antl 1 herd copy sets in size 1 I" x 1T' 2. Specification Package, I hard copy sets in size 8-1/2" x ] 1" 3. Copy of the Executed Construction Con[rect, 1 hard copy and 4. Utility Agency's Approved Meterlal List (if applicable). 5. Execu[edU[ility Work Schedules (ifepplicable) Page 2 of ]O CAG ITEMS FURNISHED BV THE CON3U LTA All applicable FDOT documents re£ rencetl herein shall be a condition ofthis agreement All FOOT documents, directives, procedm-es, and standard forms are available through th¢ FDOT's Interne[ websi[a. Most items can be purchased through the following address. All others can ba acquired through the District Oftice or on-line at the Department's website. Plorida Department of TransportationMaps and Publication Sales 605 Suwannee Streeq MS l2 Tallahesaee, Florida 32399-0450 Telephone No. (850)4g8-9220 h uo:a[vww.aot. star¢. Fl.na/eonan'nedon/ OFFICE AUTOMATION Provide all software and hardware necessary to carry out the respansibil hies efficiently and effectively under this agreement. Provide each inspecticn staff with a laptop computer capable o£running PROCORE software needed for pnject schedvi[ng, documentation, connection using a mobile broadband connection at the jobsite. All computer coding shall be input by Consultant personnel using equipment flrrnished by them. PROCORE license to be furnished by the County and / or Contractor. Ownership and possession of computer equipment and related software, which fa providetl by [he Consultant, shall remain at all times with the Consultant The Consultant shall stain responsibility for risk of loss or damage to said equipment during performance of this agreement Pield office equipment shoals be maintained end operational at ell times. Curren[ technical specif cations for office automation can be Newed ai: h ttn://www.dotatatn. Fl.us/Construction/Desi ¢n13ui Id/Coosa ItantCEl/Offs ceA atom ationshtm VEHICLES Vehicles will be equipped with appropriere ser ty equipment and must be able to effectively carry out requirements ofthis agreement. Vehicles shall have the name of the consulting Firm vtsibly displayed on both sides of the vehicle. FIELD EQUIPMENT Supply s rvey, inspection, end testing equipment ess¢ntiel to perform sc under this agreement; such equipment includes non- consumable and non -expendable items. Hard Itets shall have rho name ofthe consulting firm visibly displayed. Equipment described herein end expendable materials under this agreement will remain the property of the Consultant end shell be ra ved at completion of the work. Handling of nuclear density gauges shall be in compliance with their license--. o Retain responsibility for risk of loss or damage [o said equipment during performance ofthis agreement. Field office ¢quipment shall be maintained and in operational condition at all times. E l F RE UIPMENT OPE TIO Obtain proper licenses for equipment and personnel operating equipment when licenses are required. Th¢ license and supportingdocuments shall be available for verification by the County, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through [h¢ Stet¢ of Florida Department of Heald[. L!A[SON E P 31 TY F THE N LTANT For She dm'ation of the agreement, consultant must keep the Covnty's Construction Project Manager informed of Page 3 of 1 O C4�0 all significant acdvi[iea, decisions, espontlence, reports, antl other cations related to ils responsibilities under this agreement oFacilitate communications betweenc all parties (i.e. rchitectural, cchanical, materials, landscaping, local agencies, e[cJ a ing responses and resolutions ere provided in a timely manner. Maintain accurate records [o document the communication process. Submit all administrative items relating to Invoice Approval, Petsonnel Approval, User IOs, Time Extensions, change orders antl Supplemental Amendments to the Conshvction P[ ject Manager for review and approval. ERFORM T During the term of [his agreement antl all Supplemental Amendments [hereof, the County will av verloue phases of Consultant operations, such as consVuc[ion inspection, materiels s mpling and testing, and administrative activities, to determine compliance with this agreement If defciencies ere indicated, remedial action shall be implemented immediately. County recommendations andConsultan[ responses/actions a c [o be properly documented by the Consultant. d it 1 for remetliel action taken by the Consuiten[ [o correct tleFciencies. Remedial actions and required response times may include but me not necessaNly limited to the following: A. Further subdivide assigned inspection tsponsibili[ies, reassign inspection personnel, or assign additional inspec[ionpe[sonnel, within one week of notification. 8. Immetlis[ely replace personnel whose performance has been determined by the Consultant end/or the County to beinadequate. C. Immediately : e the O'equency of monitoring and inspection activities in phases o£ work that e the Consultant'sresponsibility. D. Increase [he scope end frequency of training of the Conaul[an[ personnel. Hampton Avenue CEI Serylces wf11 include the Pollowing tasks: Task t.1 Hamilton Avenue Roadway Cons[metion Observation end Inspection Task 1.2 Hamilton Avenue Material Laboratory Testing and Other Miscellaneous Testing Task 2.1 Hamilton Avenue Landscaping Construction Observation Support Services T�� DESCRIPTION TASK LI HAMILTON AVENUE ROADWAY CONSTRUCTION OBSERVATION AND INSPECTION REQUIREMENTS OF THE CONSULTANT GENERAL It shall be the responsibility of [he Consultant to edministaq m nitor, end inspect the Construction Contract such that the pt jec[ is constructed in unable conformity with the plans, specifications, and special provisions for the Construction Contract Observe the Contractor's work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to the County, and notify the Contractor of such obanved discrepancies. Consult with [he Conshvction P jec[ Manager as necessary end direct all i which exceed delegated authority [o [he Construction Project Manager £or action or direction. Inform the Cona[ruc[ion Pr jeer Manager of any significant omissions, substitutions, de£ec[s, end deficiencies noted in the work of [he Contractor end the corrective action that has been directed to be performed by the Contractor. SURVEY CONTROL Check the sm ey control baselines) along with sufficient baseline control points and bench marks at es needed or at the request of the Cow�ty Project Manager. Page 4 of 1 O CA Monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordance with the plans, specifications, end special ptvviabns for [he Construction CovY'aot to tle[ermine [hat the projects nsnvcted i nablc conformity with such documents. M¢intein detailed accurate [ ortls of rho Contrector's.deily op¢r etions and of significant events [ha[ affect [he ww'k. Monitoring and inspection of of8-site activities and fabrication is no[ required unless otherwise stipulated by this agreement. Monimr and inspect Contractor's Work Zone Traffic Control Plan and r modifications to the Work Zone Traffic Control Plan, ncluding Alternate Work Zone TratTic Control Plane iv ccordance with the FOOT's procedures. Consultant mployees performingsucF services shell be qualified in¢ cordance with[he FOOTs guidelines ofTrefflc Training (Topic No. 625-01 O-Ol0-a). The consultant shall provide onsi[e inspection services during construction es necessary to determine if [h¢ Contractor is in general mplia with [he construction documents and applicable specifications. Such visits and observations by the consultant are not intended to be exhaustive or to extend to every aspect of [he work in progress, or to involve detailed inspections ofthe work beyondthe responsibilities specifically assigned to the consultant in the resultant conb'ect. The consultant shall keep the County informed of the progress of such inspections and results. The consultant shall not, during such visits or as a result of such observations of rho contractor's work in progress, supervise, direct or have control over the contactor's work n shall the co sultant have authority over or 'esponsibili[y for them methods, techniques, sequences or p['ocetlures of construction selected by the ontractor, for safety precautions end programs incidrnt to the work of the contractor or for any failmo of d[e conh'ector to comply with laws, rules, regulations, ordinances, codes or orders applicable to the contractor's firrnishing and performing the work. Accordivgly, the ce aultent neither guarantees the perfonnence of any contractor nor assumes responsibility far any contractor's failure w furnish and perform its work in accordance with [he COns[raMiOn documents. Services shell include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Con[raM. Maintain complete, accurate re ortls of all activities end a cots relating to the project and properly document all project changes. The following services shall be performed: (I) Attentl fl pre-aerv[ce meeting for [ha agreement within ten (10) business tlays after the Notice-[o- Proceed. AI the pre- service meeting [he CONSULTANT shall submit action request peckegea for personnel approval for immediate staff needs and acopy/ computer file of the final negotiated staffing. The CONSULTANT shell record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes [o the participants antl other in[ereatetl parties within seven (9) days of the meeting date. (2) Schedule end conduct apre-consnvmion contbr'ence in accordance with Article 8-3.5 of the FOOT Standard Specification for Roatl entl Br9dge Construction. The purpose of these meetings is [o discuss the required dac¢menta[ion, including as -bunts, n sery for perm it(s) compliance. Recortl significant information revealed and decisions made at this conference antl distribute copies of these m notes to the appropriate parties. The meeting shall also be electronically recorded, and the CONSULTANT shall maintain ell [apes of the meeting for the tluretion of the Contract. (3) Consultant should organize and conduct bi-weekly progress meetings, sot the agenda, re ord and provide minutes. The Consultant shell make use of the existing construction management software (Procure) end input updates [o the same for this project. (4) Verify that the Contractor is onducting inspections, preparing reports and m nitoring all storm water pollution prevention measures easociatetl with the project For each project that requires [he use o£ the NPOES General Permit, provide a[ least one inspector who has successfully complMed Page 5 of 10 CAO the "Florida Stmmwef¢p Erosion, antl Sedim¢ntation Conhrol Training and Certification Program for Inspectors and Contractors". The Consultant's inspector will be families' with th¢ requirements seI forth in [he FEDERAL REGISTER, VOL 57, No. I g7, Friday, September 5, 1992, pages 4412 [0 4435 "Final NPDES General Permits for Smem Water Discharges from Construction Sites" end [he Department's guidelines. Coordinate with [h¢ Contractors Public Information Otl;cer [o assure updated information end MOT issues ere communicated to the public. (3) Analyse the Contractor's schedules) (i.e. baseline(s), revisetl baseline(s), updates, es -boil[, etc.) for cempliance with the contract documents. Elements including, buC not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, res allotment, antl delays will be reviewed. Verify [he schedule conforms with [heconstruction phasing and MOT sequences, ncluding all contract motliflcations. Provide a written r o£ [ha schedule identifying significant omissions, Improbable or unreasonable activity durations, errors In logic, and any other concerns as detailed in CPAM. (6) Analyz¢ problems that a a project and proposals submit[¢tl by the Contractor; work to resolve such [ssues and process [he necessary paperwork. (9) Facilitate coordination and communication between Utility Agency's representatives, Departments staff and Convectors executing [he work. Identify potential utility conflicts end asstst in the solution of uti lily is ncluding Department and Local Government owned facilities. Note any sible damage to paiva[e or public v[iliti¢s a suit of [ha contractors work end assist i coordinating [he approp[ie[e resolution. Consu pent shall inspect and document any minor at}justments /repairs to County ownetl utilities es needed to resolve isolaletl con Flicts. Identity, aeview, end track progress of Joint Project Agreements, end/or othm� Depar[m¢nt end utility agreements. Address work progress, track reimbursement activities, and address betterment and selvage determination. Prepare all sary documenteClon [o support rasmbursement activities and betterment end selvage determination. (g) Produce reports, verify quantity calculations end P¢Id measure for payment purposes es needed to prevent tl¢leys n Contractor operations and to facilitate prompt processing of such information in order for the Department to make timely payment to the Contractor. (9) R'epare and rook¢ presentations for meetings and hearings before [he Dispu[a Review Boartls in connection with the project covered by this agreement. (10)Monitor each Contractor and Subcontractor's mpliance with specifications and special provisions of the Construction Contract in regard to payment of predeterminetl wage rates in accordance with FDOT procedures. (I 1) Prepare and submit to the Construction P jec[ Manager monthly, a Construction S[a[us Reporting System (CSRS) reporq in a forma[ to be providetl by [he County. (12) Video tape the pre-censuvc[ion conditions throughout the project limits. Provide a digital photo logo video ofproject activities, with heavy emphasis on potential claim items/issues antl on areas of real/potential public controversy. (l3)R'ovide a digital c e for photograph is documentation o£ pre -construction state end of noteworthy incidents or events during construction. Photos should be provided monthly to show progress. These photographs will be filed end meinteined on the Consultant's computer using e Digital Photo Management system. Photographs shell be taken the day prior to the start of construction and continue a eeded throughout the project Photographs shell be taken the days of conditional, partial and Flnal acceptance. Page 6 of ]O t- p0 GENERAL REQUIREMENTS Provide queli£ed personnel necessary to efflci¢ntly and effectively carry out its responsibilities under this agreement. PERSONNEL OUALtP[CAT[ONS Provide c mpeten[ personnel queliFled by experience end education. Submit in vn9ting to [h¢ Construction Project Manager then mes of personnel proposetl for assignment [o [he pr ject, including a detailed resume for each containing et a minimum: salary,cducation, and experience. The Consultant Action Request form for personnel approval shell be submitted to the Constructon Project Manager at least two weeks prior to the date en Indivitlusl is to troport [o worK. Before the project begins, all project staff shell have a working knowledge of the c en[ CPAM and must possess ell the necessaryquali£cations/certifications for fulfilling the duties of the position they hold. Cross [reining ofthe Consultant's pr ject staff is highly recommended to achieves Knowledgeable and versatile prof act nspec[ion teem but shall not be at any additional cros[ [o thaCounty end should occur as worKload permits. Visit the [reining page on [he Slate Constvction Office w¢bsi[¢ for training dales. Minimum qualifications for the Consultant personnel ere set forth as Follows- Exceptions to these minimum quvlifica[lons will be consid¢tvd on an intlividusl basis. Howeveq a Project Administt'stor working under [he supervision and direction o£a Senior Ptoject Engineer or en Inspector working under the supervision and direction of a Senior Inspector shell have requironths from the date of hire to obtain the n sery qualifications/ccrtiflcations provided ell other ements for such positions s met and the Consultant submits a training plan detailing when such qualiflcations/certitications and other training tolative to the FOOTS procedures, Specifications end Design Standards will be obtainW. The County Construction Manager or designee will have [he final approval authority on such exceptions. The Senior P jec[ Engineer assigned to the project must have prior experience in romdabout conshvction and moat have advancedMOT certif ice[ion Cl O.1 C¢rti£cation with OOT). STAFFING Once authorized, the Consultant shall establish and m in[ain appropriate staffing throughout the duration of onstruction end completion o£[he final estimate. Responsible personnel, tfioivugfily familia' with all aspects of natruction and final m cements of the various pay items, shall be available to r solve disputed final pay quantities until the County has received a regular eccep[¢rtce letter. Construction engineer ng antl inspection forces will be required of the Consultant while the Contractor i orking. If Contractor operations are substantially retluced or suspmtletl, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant Forces fmm the project, the Consultant will be allowetl ten (10) days maximum to demobilize, relocate, or terminate such Porc¢s- [aSflTatY r ��xS It:n.[aI arZ�Zill� tC ZHZ�]� QUALITY ASSURANCE PLAN Within thirty (30) days after receiving award of an agreement, furnish a QA Plan [o [he Construction Project Manager- The QA Plan shall detail the procedures, evaluation criteria, end Instructions of the Consultant's organization for providing s es pursuant to this agreement- Unless speci tically waiv¢d, no payment shall be mad¢ until [he County approves [he Consultant QA Plen. Significant changes [o the work requirements may require [he Consultant to r e [he QA Plan. I[ shell be the responsibility of the Consultant to keep [he plan cu ant with the work requirements. Tha Plan shall include, but not b¢ limit¢d to, the following areas: t Oraanization A description is required of the Consultant QA Organization and hs fbne[lonal relationship to the part o£ the orgeniza[lon performing [he work under The agreement. The authority, responsibilities end autonomy of the QA organization shall be detailetl es well as the names and qualifications of personnel in the quality control organisation. Quality Assuranc¢ R¢views Page 7 of 10 CAO Detail the methods used to monitor and achieve organization compliance with agreement requirem¢n[s for and products. Ouslity Assurance Records Outline [he types of records which will be generated and maintained during [he execution of the QA program. Control of Subconsultan[s end Vendors Detail [he methods used to control subconsultan[ and vendor quality. CJuality Assurance Cmti£ea[ion An officer of the Consultant firm shall certify that the inspection end documentation was done in accordance with FDOT specifications, pions, standard indexes, and Depertm¢n[ procedures. OOALITV ASSURANCE REVIEWS The CCEI shall perform an initial QA revtaw within the firs[ month of the star[ ofcons[ruMion- OUALITV RECORDS Maintain adequate records of the quality actions performed by the organizedov (including subcontractors and vendors) inproviding services and products undef this agreement. All records shall indicate [he nature end number of observations made, then tuber and type of deficiencies found, and the c active actions taken. All re ords shall be available to the Department, upon request, during the agrcemen[ tertm. All records shall be kept a[ the primary )ob site and shall be subject [o audit review. CERTi FICATION OF FINAL ESTIMATES F[N D B ILT PLAN BMITTAL Prepare documentation end r ords in mpliance with [ha agreement, Statewide Quelt[y Control (QC) Pian, r Consultant's approved QC Plen and the FDOT's Procedures es required by Section 4.1.4 of Review end Administration Manual. Submit [ha Final Es[imate(s) end one (I) set of Fnel "as -built plans" dowmenting the Contractor's work i accordance with the Review and Administration Manuel. The as -built plans m< to be supplied by the Contractor and reviewed by the Consultant prior to submission to the County. Revisions to the Certified Ftnal Estimate will be made a[ no additional cost w the Department. CERTIFICATION Consultant personnel pt'¢paring [he Certified Final Eslima[¢ Package shall be CTQP Final Estimates Leval II. Duly authorized rept'esenta[ive oFthe Consultant fitat will provide a notarized certification on a form pursuant [o FDOT's procedures. The County's Project Adminis[ra[or/Manag¢r shall be responslbl¢ £or verifying and m in[aining copies of ell required licenses, certifications, end qualifications requested fi�om the Consultant throughout [he term of the contract. OFFER OF FINAL PAYMENT Prepare the OFfer of Final Payment package as outlined in Chaplet' 14 of the Review and Administration Manual. The package shall accompany the Certifies Final Estimates Package submittetl to the Construction Project Manager For review. The Consultant shall ba responsible for fo.warding the Offer of Final Payment Package to the Contractor. AGREEMENT MANAGEMENT GENERAL With each monthly invoice submittal, the Consultant will provide a status report for [he agreement This report will provide an accounting of the additional agreement calendar days allowed [o date, a estimate of the additional calendar days anticipated to be added to the original schedule Hme, an estimate of the agreement p�mpletion date, end a estimate of [he Consultant f4ntls expiration date per the agreement schedule for the ime Consultant and For each subconsul[an[. Th¢ Consultant will provide a printout flour [he Equal Opportunity Pegs 8 of ]O CAO Reporting System showing [fie previous mon[h's payments made to subconsultants. Invoices no[ including [his required information may be r Jetted. When the Consultant identifies a condition that will require an amendment to the agreement, the Consultant will taro this need [o the Construction Proect Manager for a ceptanee. Upon acceptance, prepare and submit an Amentlmen[ Request (AR), and ell accompanying documentation to [he Construction Project Manager far approval and further processing. The AR is to be submitted a[ such time to avow [he County 12 weeks [o process, approve, and execute the AR. The content and forma[ of the AR end accompanying tlocumantation shall be In accordance with the instructions and format to be provided by the County. The Consultant is responsible for performing follow-up activities to derormine [he status of each Amendment Request submitted to the County. TASK 1.2 HAMILTO A EN E ERi B RATORY TESTING D T ER MISCELLANEOUS TESTING SAMPLING AND TESTING PerFam sampling and resting i onjunction with a independent, licensed laboratory, whose selection has been approved i writing by the Construction Pr Jett Manager, hired by the Consultant, sampling end testing of component materials end c mplerod work items so that the materials and workmanship in orporarod in the project a nabie conformity with the plans, sp¢cif icetions end contract provisions. The minimum semplingrtiequencies se[ out in [he FDOT's Matw�iala Sampling, Testing antl Reporting Ouide shell be met. to mply ing with the aforementioned guitlq provide daily a ai llance of the Contractor's Queliry Control activities and perform Ma sampling end testing of marorialsuend complarotl work items for veriflcadon end acceptance. Sampling of materiels end c mponents at locations r mote fl'om the project site will not be required w/lh the caption of asphalt plant inspection end perform testing of materials notmelly done :n a laboratory remote from the project site. Determine the acceptability of all ma[erialsand comptetetl work items on [he basis of either test rcsul[s or verification of a certiflcetlon, certified mill analysis, DOT label, UOT stamp, dc. The County will monitor the effectiveness of the Consul[anPa testing procedures through observe[ien and independent essut ante ros[ing. Sampling, testing and laboratory methods shall be as required by the FDOT's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. Documentation reports on sampling end testing perFormetl by [he Consultant shaii be submitted during [he same week the[ In¢ construction work is done. Tmnspott labom[ory s mples to the appropriate laboratory. The Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site i regard to c rate and perform a ceptance sampling at the specified frequency. Supply CTQP (Construction Training Qualification Progrem) qualified technicians for concr¢t¢ inspee[ion. Supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. Supply C"I'QP qualified Earthwork Cortatmcdon Inspection Technicians for ¢mbankmenq pip¢ backflll, subgradq base and asphalt inspection. TASK 2.0 HAMILTON AVENUE OTHER SERV[CES OTHERSERVICES Upon written authorization by the Construction Protect Manager, the Consultant will perform atlditional s vices ec[io withthe project not otherwise identified in this agreement. The following items may be required by the County [o supplement [he Consultant services under [his agreement. Page 9 of 10 CAO A. Ass[st in the timely preparation of all claims and necessary rebuttals with the organization oe all supporting documentation es neetled or required by Collier County pursuant to the Collier County Alternative Dispute Resolution Procedures. 8. Provide quelifietl engineering witnesses entl exhibits for any litigation or hearings in connection with the Contract. C. Assist [he County Attorney or fiia designee as tlirect¢d in the ptropata[ion for Binding Arb(lm[ion end Pre -Suit Mediation. D. Provid¢ on- and off -sit¢ inspection services in addition [o [hose provitl¢tl far in [his agroemen[. CONTRAD1CTlON3 In the event of a contradiction between the provisions of [his Scope of Services and [he Consultant's proposal es made a part of their agreement, the provisions of the scope of services shell apply. COUNTY AUTHORITY The County shell be [fie final authority in consitlering modificaliens [o th¢ Construction Contract for time, money or any other consideration except matters agreed to by [he Contractor through contract cfienges n¢gotlated by the conauleana as anmori�ed m ner¢in. Cuv'ent Adtlitionel Services are as follows: TASK 2.1 T D T t N 8 ER ATtON SUPPORT SERVICES Th¢ Consultant will provide County with a cer[ifietl landscape architect for c na[ruc[ion observation a en[ s during c nstruction, a requested by County. Consultant will coordinate with County to obtasn psiroject information a ery for preparing en a fisting tree assessment or installation of that barriers m comply with the project design and sped tications. At the request of the County, the Consollent may at[entl meetings wtth County staff [o present [he existing tree condition flntlings and t entlations. Documentation of tro menda[ions end construction observations will be provided to County, via email, within twenty -£our (24) hours or Caun[y requested site visit(s). This scope of services assume approximately five (5) eight (8) how work days of certified arboris[ or landscape architect support. Page 1 O of I O SCHEDULE B BASIS OF COMPENSATION 'I . MONTHLY STATUS REPORTS B.�.t. 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 authorised 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.t. 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 Dascrlptlon Lump Sum Tima and Materials Not-To- Excaetl t.t Hamllton Avenue Construction Obaervetlon anO Inapactlon $ $ 356.043.00 '1.2 Hemlttan AVenua Malarbl Laboratory Tea9nB end Olber Mlecelbneoue Ta&Il,p $ $ 2].866.00 2.1 Hamllton Avanua Lantlacapc Support Sarvlc¢a (AtltliBonal Sarvlcea) $ $ 4.640.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lum Sum Fee $ $3so,fi3a.00 Total Time and Materials Fee GRAND TOTAL FEE $390,539.00 Page 19 of 32 PSA_CCNA Single Pr Jecl Agrce,mnl_Ver.a CAO 6.2.2. p' Time and Material Faes: The fees noted in Section 6.2.'I. shall constitute the amounts to be paid to CONSULTANT for the pertormance of the Basic Services. Direct Labor Casts mean the actual salaries and wages (basic, premium and incentive) pald 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 req uiratl by the COUNTY, regarding CONSULTANT'S Direct Labor Costs Incurred at the time of billing, to ba reviewed and approved by the COUNTY. There shall ba no overtime pay without the COUNTY's prior written approval. 6.2.2.'I. 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 tasks) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. f1" 6.2.4. 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 ba based upon the rates specified in Atta chmant 'I 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 6.2.'I of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to ba pertormed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the pertormance 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 pertormed under this Agreement, CONSULTANT shall continua to partorm 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 par month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a Form and manner required by the COUNTY. Page 20 oC32 PSA_CCNA Single PwJect Agreement_Ve�9 �� 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 speciflad deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall ba deemed of the essence with respect to the timely submission of invoices under this Agreement. 6.3.2. 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 expanses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established fn 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. 6.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stet., or as set forth In the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 6.3.4.1.1. Cost for reproducing documents that exceed the number of docu mants described in this Agreement and postage and handling of Drawings and Specifications. 6.3.4.1 .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 alrtare, standard accommodations and meals, all in accordance with §112.061, Fla. Stet. 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. 6.3.4.1 .5. Expense of models for the County's use. 6.3.4.1 .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, incu rrad by CONSULTANT in the pertormance of the Services. Pgge 21 of 32 P3A_CCNA Single P,OjeR Ag,mmenl_Vec4 CA 6.3.4. t.8. Records of Reimbursable Expenses shall be kept on a generally recognized accou nting basis. 6.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses Incurred by CONSULTANT will be deemed to be a reimbursable expense. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 22 of 32 PSA_CCNA Single Project Agn:emem_Vec4 6: SCHE�U LE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Tltla Hourly Rata Principal $238 Sanlor PrejeG Manager $201 Projaot Manager $166 3anlar Engineer $1T6 Engineer $t36 8anlw InapeMor $'11 ] Inspector $98 Sanlor Planner $t 84 Planner $130 3anlw oealgnar $t 26 oaelgnar sloe Envlronmen[al 8paclalla[ $t20 Sanlor Envlronmantal $paGallet $t38 SclantlsVGaologlat $t 16 Marina BlalogleVHydrogeologlat $t 33 Sanlor Marina BlologlsVHytlrogeobglat $16a Sanlar OIS Spadallat $199 GIS Specialist $t t4 Clerical/Atlminisirative $13 senior raanniplan slaz TacM1nlclen E83 Surveyor end Mapper $142 GAOO Technician $96 Survey Craw - 2 Men $t62 Survey Crew - 3 Men St88 Survey Crew - 4 Men $218 Senior ArcMtact $t54 ArChltaG St2t MATERIALS ANO LAB TESTING RATES Par Atteattment The above hourly rates are applicable to Time and Materials tasks) only. Tha 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. a��y- Page 23 or32 PSA_CCNA Single Project Agrcemen[_Vec4 CA Lab/Materials Testing F¢es/Bates :N7talutCN_\/YYM.91 Y:: pH ater Each $9.00 Sulfate Each $49.00 Chloride Each $49.00 Soil pFi Each $49.00 Resistivity Each $55.00 Carbonate Content Each $133.00 AGGREGATE TESTS Sieve Analysis of Fine Aggregate Each $70.00 Sieve Analysis of Coarse Aggregate Each $86.00 Fine Aggregate Each $13 LOO Coarse Aggregate Each $L31.00 EAK"I'H W ORKS Standard or Modified Proctor Each $126.00 Limerocic Bearing Ratio (LBR) Tests Each $422.00 Sieve Analysis Each $57.00 Organic Content Each $38.00 Moisture Content Each $17.00 Atterberg Limits Each $125.00 Percent Fins Each $39.00 CONCRETE Compressive Strength of Concrete Cylinder Each $19.00 Flexural Strength of Beams (minimum charge of 3 beams per set Each $59.00 delivered) ASI'HAL'r Bitumen Extraction and Aggregate Gradation Bach $191.00 Uensity Determination of Cored Specimens (minimum charge of4 core Each $37.00 per set delivered) cn SCHEDULE C PROJECT MILESTONE SCHEDULE Task/Item Description Number of Calendar Days For Com pletlon of TasK from Date of Notice to Proceed 'I .O Hamilton Avenue Construction Observation and Inspactlon 425 1 .2 Hamilton Avenue Material Laboratory Tasting and Other Miscellaneous Tasting 425 2.2 Hamilton Avenue Landscape Support Services (Additional Services) 425 Page 29 oF32 PSA_CCNA Singly Project Agreemen[_Ver.9 CAU SC HEUU LE O INSURANCE COVERAGE �. 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 ratantions 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 ratantions 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 this services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certiflcatas 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 ba 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 ratl uction in the a99regata limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate Ifmit 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 su bconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsulta nt are expressly waived in writing by the COUNTY. Pege 25 of 32 PSA_CCNA Single Pmjed Agrc¢m¢nl_Vec9 CAv 8. Should at any time the CONSULTANT not maintain the insurance covarag es 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 (nsuranca coverages shall in no way be construed to ba a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificates) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certiflcata(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? 0 Yes 0 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? 0 Yes 0 No 12. Maritime Coverage (Jonas Act) shall ba maintained where applicable to the completion of the work. Required by this Agreement? � Yes 0 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 or 32 PSA—CCNA Single Pm)ecl Agrcemenl_Vu.4 CA 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 Par 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. Tha 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 insure nca requirements that the Contractor is required to meet. 15. Watercraft Llablllty coverage shall be carried by the CONSULTANT or the SU BCONSU LTANT 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? 0 Yes � No 16. AircraT[ Liability coverage shall be carried by [he CONSULTANT or the SU BCO NSU LTANT 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? 0 Yas � No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? 0 Yes � No Business Auto Lla bility: 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-Tha ownership. Peg¢ 27 of 32 PSA_CCNA Single Project Agteement_Vec9 t8. TECHNOLOGY ERRORS ANO OMISSIONS INSURANCE. Required by this Agreement? � Yes U No Technoloov Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. '19. CYBER INSURANCE. Required by this Agreement? 0 Yes � No Cvbar Insure nca: 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 affect 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? 0 Yes 0 No A. Professional Lia bility: Shall be mainta inad by the CONSULTANT to ensure its legal liability for claims arising out of the pertormance 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 lass than $'I .000.000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts era 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. O. The policy retroactive date will always be prior to the date services were first pertormed 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 aggrag ate 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 Pege 28 of 32 PSA_CCNA Single Projec[ Agreemen[_Vet4 GAS 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. �7t�3i�f7��3iS3�T���9Li1�I:T_f! A7a1-71_�1Yi'! A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, than 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 CO NSULTANT's professional liability policy. If no credit is available from CO NSULTANT'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 COU NTY's Project Manager: 'I . The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current and erwriter. 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 subco nsultants as named insureds. END OF SCH EUULE O Pag¢ 29 of 32 psA—CCNA Single Pt ject Agreemen[_Vec4 � p0 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 ° CEI Services for Construction Services for Hamilton Avenue "project" is accurate, complete and current as of the time of contracting. BY, TITLE: Lonnie V. Howard, President DATE: 2 Z A/o ✓ 2p2 f Page 34 of'32 t'SA_CCNA Singic llrojw Agreement_Ver.4 ONO SCHEDULEF KEY PERSONNEL Names Parson nest Cataaory Percentage of Time Ryan Ball. P.E.. PTOE Prindpal 'I% JoaM1 Hlldabrentl. P.E.. PTOE Senior Englnaer t2.5% John Glenn. P.E. Senior Engineer 12.6% Ray GotlaM1all Sanlw Inspector 90% N'nle Flora 3anlw Inspector As-Naatlad Ron Wartl Sanlor Inspector As-Nastletl Brannan MCGIII Inspector t0% KatM1y Hanlgan Clarlcal/AtlminlsVaUva 12% Jeff NaBla, RLA AmM1llacl As-Nastletl Ouy Atlem. PLS Surveyor antl Mapper An-Nsetlatl Peso 31 of 32 PSA_CCNA Single Project Agroemen[_Var.4 SCH EAU LE G Otner: (Oascription) � following this page (pages through _) 0 this schatl ule is not applicable Page 32 of 32 PSA_CCNA Single Noject AgMemem_Vec4 CAO