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Agenda 07/12/2022 Item #11H (Award Contract #21-7917 Verification Testing Services for VBR Ext. to Johnson Engineering, Inc.)07/12/2022 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services (RPS) No. 21-7914, "Verification Testing Services for Vanderbilt Beach Road Extension," to Johnson Engineering, Inc., in the total amount of $1,812,089, and authorize the Chairman to sign the attached Agreement. (Companion item to 11F and 11G) OBJECTIVE: To obtain professional verification testing services by the Transportation Engineering Division of the Transportation Management Services Department for the Construction of the Vanderbilt Beach Road Extension Project (hereafter the "Project"). CONSIDERATIONS: Vanderbilt Beach Road Extension from Collier Blvd. to 16t' Street NE is a new roadway that veers from 6 lanes to two lanes with medians, curb and gutter, sidewalks, new traffic signals, and new bridges. Working with the Procurement Services Division the Transportation Engineering Division issued RPS No. 21-7914 seeking a consulting firm to provide verification testing services for the Project. The verification process compares test data to determine compliance with the contract requirements. On, October 26, 2021, the Board approved the selection committee's ranking of consultants for RPS #21- 7914, Verification Testing Services for Vanderbilt Beach Road Extension (Agenda Item 16A18), and authorized staff to begin negotiations with the top -ranked firm, Johnson Engineering, Inc. Staff negotiated and reached the attached proposed agreement with Johnson Engineering, Inc., in a contract amount not to exceed $1,812,089 for all professional verification testing services. Johnson Engineering has provided Engineering Services to Collier County since 1995 and have executed numerous contracts for Collier County. The scope of work for this project includes Johnson Engineering providing qualified inspectors for the verification testing of materials that will be placed as part of the road construction project per the Florida Department of Transportation's Design Standards for Road and Bridge Construction. Johnson Engineering will also provide bridge inspection assistance as well as Load Rating analysis and a signed and sealed letter to the State to certify the bridges. FISCAL IMPACT: Funds in the amount of $1,812,089 are available in gas taxes and/or impact fees. There is no incremental maintenance cost associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This item has no impact on the Growth Management Plan. RECOMMENDATION: To award RPS No. 21-7914, "Verification Testing Services for Vanderbilt Beach Road Extension," to Johnson Engineering, Inc., in the total amount of $1,812,089, and authorize the Chairman to sign the attached Agreement. (Project No. 60168). Prepared by: John Conti, Project Manager, Transportation Engineering Division ATTACHMENT(S) 1.21-7914 VendorSigned_JohnsonEngineering (PDF) 2. 21-7914 Insurance_ JohnsonEngineering (PDF) 3. BCC 7-12-22 Verification Testing_VBRX Presentation (PPTX) Packet Pg. 244 11.H 07/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: 11.H Doe ID: 22118 Item Summary: Recommendation to award Request for Professional Services (RPS) No. 21- 7914, "Verification Testing Services for Vanderbilt Beach Road Extension," to Johnson Engineering, Inc., in the total amount of $1,812,089, and authorize the Chairman to sign the attached Agreement (Project No. 60168). (Companion item to 1117 and 11G) (Jay Ahmad, Director, Transportation Management Services) Meeting Date: 07/12/2022 Prepared by: Title: Field Inspector, Senior — Transportation Engineering Name: John Conti 05/04/2022 9:36 AM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 05/04/2022 9:36 AM Approved By: Review: Growth Management Department Geoffrey Willig Growth Management Transportation Engineering Steve Ritter Additional Reviewer Growth Management Department Jeanne Marcella Growth Management Department Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Transportation Engineering Jay Ahmad Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Patrick Boyle Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Growth Management Operations Support Tara Castillo Growth Management Department Lisa Taylor Additional Reviewer Growth Management Department Trinity Scott Transportation County Attorney's Office Scott Teach Level 2 Attorney Review 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 Office of Management and Budget Susan Usher Additional Reviewer Skipped 06/08/2022 4:12 PM Completed 05/04/2022 9:43 AM Completed 05/04/2022 11:54 AM Completed 05/04/2022 12:41 PM Completed 05/04/2022 12:50 PM Completed 05/06/2022 1:12 PM Completed 05/06/2022 1:15 PM Completed 05/09/2022 9:32 AM Additional Reviewer Completed Completed 05/17/2022 12:36 PM Completed 05/20/2022 2:28 PM Completed 05/24/2022 10:56 AM Completed 05/24/2022 11:22 AM Completed 05/25/2022 11:20 AM Completed 05/31/2022 3:44 PM Packet Pg. 245 07/12/2022 County Manager's Office Board of County Commissioners Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 07/06/2022 4:06 PM 07/12/2022 9:00 AM Packet Pg. 246 11.H.1 PROFESSIONAL SERVICES AGREEMENT Contract # 21-7914 for Verification Testing for Vanderbilt Beach Road Extension THIS AGREEMENT is made and entered into this day of , 20 22 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Johnson Engineering, Inc. authorized to do business in the State of Florida, whose business address is 2122 Johnson Street, Fort Myers, FL 33901 _ (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR") WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Verification Testing for Vanderbilt Beach Road Extension (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida, Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services, and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1, CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida. including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. Page 1 nr30 PSA C'C'NA Single. Project Agreement [2022_vcr.I I Packet Pg. 247 11.H.1 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Josh Hildebrand, PE, PTOE a qualified licensed professional to serve as the CONSULTANT's project ccordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 13. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: Public Record Re uest co11iercount fl, ov The Contractor must specifically comply with the Florida Public Records Law to: Page z of30 I'SA_CCNA Single Projul Agreement {2022 ver I Packet Pg. 248 11.H.1 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict, The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codas and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to ccrrect the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1,10, CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the propel' performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 o['30 lySA C'C NA Single Project Agrecmcoi [2022_ver,1l Packet Pg. 249 11.H.1 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90), The drawings should either reference specific established Survey Monumentation, such as Certified Section Comers (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 - FLOW, centerlines - CL, edge -of -pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 21. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth m the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be {paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (1i) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence_ Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1,1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. ["age 4 i]I`310 PSA CCNA Single Propci Agrcemeut I2022mver.I I Packet Pg. 250 11.H.1 2.1 _,4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing, 2,1,5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder_ 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as park of the Basic Services to be provided herein) 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3,2, The Project Manager shall. a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the project, including existing drawings, specifications, shop drawings, product literature, previo4ts reports and any other data relative to the Project; Page 5 ot'30 P5A_CCNA 5ipglc k'ro,iccl Ag eumenl t2022_ver, I I Packet Pg. 251 11.H.1 d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement_ 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 183 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. Pege G or30 11SA C:CNA Single Project Agreetnenl. 12022_vor I t Packet Pg. 252 11.H.1 ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT most perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Tirne and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 51 above. ❑ Gmnt,-F-u,nded: T-ae-k►eu4�-FaieS ass ort and��nt+fied-in eheduae-B,-v#iG#-4-attached hereto;-ar-e4or-purpeses f-pre­vidin 9-e sti"u+r l-k3,y4ho-gf'aRter-ageneF. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY. CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use, 6,2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation. CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. I',tgr 7 nl`30 PSA_CCNA Single [inject Agrcomont 12 )22_ver, I I f , Cl' Packet Pg. 253 11.H.1 ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours, ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8_1, 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725,08(4), Florida Statutes, the indemnification {provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida, 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies 9.3.1 _ All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. I'ssge 8 nC311 113A_CCNA Single r1roj=1 Agrcemclil f2022ver.I I 4l Packet Pg. 254 11.H.1 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of prerniums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5_ All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements-- 9,5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class W, or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 01,30 119A...CCNA Single Proieci Ag,reemrni (2022_v;:r.I I Packet Pg. 255 11.H.1 CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor, Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement, ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 121, CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons, (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, ❑r (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar stays written notice of the material default. 12,2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3, The COUNTY shall have the right to terminate this Agreement, in whole or in park, 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 fags tQ of'30 r5A CCNA 5inglco I'rojcct Agreement [2022_ver, I ] Packet Pg. 256 11.H.1 the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4, Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control, 12,5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2, In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Page t t oF3U 115A CCNA Singly 11rQj"L Agrccmcm [2022ver.I ] Packet Pg. 257 11.H.1 Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to Inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14,1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Trans oration Engineering Division Division Director. Jay Ahmad Address: 2885 Horseshoe Drive S Naples, Florida 34104 Administrative AgentlPM: John Conti Telephone: 239 252-5798 E-Mail(s): John.Conti colliercount fl. ov 16,2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Johnson Engineering, Inc. Address: 2122 Johnson Street Fort Myers, FL 33901 E3ag1' 12 (7t 3Q PSA—CCNn Single Prn}cd Agrucirtoru 120'1.',' wr I I 1 Packet Pg. 258 11.H.1 Attention Name & Title: Michael Dicke P.E. Vice President Telephone: 239 334-4446I 239 461-2481 E-Mail(s): Mdicke 'ohnsonen .com JHildebrand@johnsoneng.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing_ 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. 174. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement, 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7_ Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein; Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Othet NIA Solicitation # 21-7914 including all Attachment(s), Exhibit(s) & Addendum Consultant`s Proposal Ptago 13 af'30 11SA_C NA 5inglc Ilraj%m AgrCemen1[2022 ver.I] t,l7 Packet Pg. 259 11.H.1 17.10, Grant Funded Pro'ects(only applicable to Grant funded ro'ects : In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18,1, This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters, ARTICLE NINETEEN SECURING AGREEMENTIPUBLIC ENTITY CRIMES 19,1, CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement. CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a laid, 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 elate of being placed on the convicted vendor list." Page I4ot'30 PS/1 CCNA Singls: r'rvpc t Agreemcnt 12022_ver,I I t) Packet Pg. 260 11.H.1 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with 'full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21,1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the Florida state law requirements set forth in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. [Signature page to fallow this page] "'-*"**Remainder of page intentionally left blank****** Page 15 of 30 PSA CCNA Single Pro}ecl Agrecmcnl [2022_ver. I Packet Pg. 261 11.H.1 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST, BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: By Date: William L. McDaniel, Jr. , Chairman Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: Consultant: Johnson Engineering, Inc. By. Witness TENN! „C VI_/�-f� tt�s'It IN, do "V,/ c ✓. /40 I,d4jzP iD,,„,- Name and Title SSi S7. Name and TiHe Name and Title Page 16 of 30 113A CCNA Singe Project Agreement 12022_ve . Packet Pg. 262 11.H.1 SCHEDULE A SCOPE OF SERVICES 1 7 following this page (Pages through _) Page 17 at`30 PSA CCNA Single Projeet Agrccment [2422_ver. I I Packet Pg. 263 11.H.1 SCHEDULE "A" SCONE OF PROFESSIONAL SERVICES FOR VERIFICATION TESTING SERVICES FOR VANDERBILT BEACH ROAD EXTENSION GENERAL The Vanderbilt Beach Road Extension Project is a new roadway and roadway widening project that extends the existing Vanderbilt Beach Road from Collier Blvd. to 1611 St, SE and is tentatively scheduled to start construction in early 2022. The project is scheduled to take two and a half years to complete, The COUNTY will be providing the Construction Engineering Inspection (CEI) services on this project and requested outside support to perform Verification Testing (VT), additional CEI support, and material testing services. Verification Compliance Monitoring is required to assist the COLTNTY in monitoring the Contractor's compliance with the approved Quality Control (QC) plan and VT requirements by attending the project field meetings, conducting QC/VT compliance reviews, participating in progress meeting, and providing final compliance documentation. VT inspection is required to determine if the Contractor is in general compliance with contract documents and specifications and inform the COUNTY of the Same for the duration of the project. Laboratory and asphalt plant testing and inspection is required per the plans and specifications and will be hinited to such. TASKS In accordance with the general scope of Basic Services stated heroin, the CONSULTANT shall provide services necessary to complete the following tasks: TASK INDEX Task 1 - project Management, Project Meetings, and Review of Work Task 2 - Construction Engineering Inspection (CEI) Verification Testing (VT) Support TASK I : PROJECT MANAGEMENT PROJECT MEETINGS, AND REVIEW OF WORK The CONSULTANT shall provide staff to monitor the performance for compliance with VT requirements as listed in the Florida Departi-aunt of 'Transportation (FDOT) specifications. In accordance with Collier County guidelines, the CONSULTANT's staff shall: Conduct quality control verifications compliance reviews; Submit compliance construction logs to COUNTY Inspectors; Participate in regularly scheduled progress meetings; Packet Pg. 264 11.H.1 Prepare and submit photographic and written records when called for onsite verification testing; Provide compliance documentation electronically, in PDF format, to the COUNTY's representatives for review and permanent audit filing. TASK 2: CONSTRUCTION ENGINEERING INSPECTION WED VERIFICATION TESTING (VT) SUPPORT" General The CONSULTANT shall provide onsite VT inspection services during construction as necessary to determine if the Contractor is in general compliance with the Contract Documents and applicable specifications. Such visits and observations by the CONSULTANT are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work beyond the responsibilities specifically assigned to the CONSULTANT in this Agreement and the Contract Documents, The CONSULTANT shall keep the COUNTY informed of the progress of such inspections and test results. The responsibilities of the CONSULTANT contained in this paragraph are expressly subject to the limitations set forth and other express or general limitations in this Agreement. The CONSULTANT will provide bridge inspection assistance including pile driving monitoring, inspection of formwork, reinforcing steel and scour countermeasures. The CONSULTANT will be present for concrete pours for significant structural items including; pile caps, walls, abutments and bridge deck and provide necessary concrete testing. It is assumed the CONSULTANT will be providing the necessary pile driving analysis (PDA) for the test piles. The CONSULTANT shall not, during such visits or as a result of such observations of the Contractor's work in progress, supervise, direct or have control over the Contractor's work nor shall the CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, for safety precautions and programs incident to the work of the Contractor or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor's furnishing and performing the work. Accordingly, the CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Survey Control The Contractor shall establish the specific survey requirements for the project prior to construction. OfTsite inspection Inspection of otTsite production and/or fabrication is not included to this Agreement with the exception of asphalt plant inspection services. -2- Packet Pg. 265 11.H.1 Samolin. and Testin The CONSULTANT shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract Documents quality control. The minimum sampling frequencies set out in the FDOT's Materials Sampling, Testing and Reporting Guide shall be met, In complying with the aforementioned guide, the COUNTY will schedule with the CONSULTANT to provide as needed surveillance of the Contractor's QC activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the pro.{ect for verification and acceptance. Initial inspection and sampling of materials and components at locations remote from the vicinity of the project and of materials normally done in a laboratory remote from the project site are included in this contract using desired FDOT certified materials testing laboratory. The Contractor shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification or certification, certified mill analysis, etc. The COUNTY shall retain the right to monitor the effectiveness of the Contractor's testing procedures through surveillance and obtaining and testing independent assurance samples. 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 and testing performed by the CONSULTANT shall be submitted to responsible parties during the same week that the construction work is done. The CONSULTANT shall be responsible for coordinating the transportation of samples to be tested in a laboratory to the appropriate laboratory or appropriate local facility as directed by the COUNTY. Enaineerine Services The CONSULTANT shall perform VT. Services include maintaining the required level of surveillance of the Contractor activities to perform VT, interpreting plans, specifications, and special provisions for the Construction Contract, maintaining complete and accurate records of verified activities and events relating to the project, and properly documenting significant project changes impacting verification procedures. The CONSULTANT shall perform the following services: (1) Verify that the Contractor is conducting QC inspections, QC testing, and preparing reports. The CONSULTANT's inspector will be familiar with the requirements set forth in FDOT specifications with regards to QC testing and vr. (2) Analyze problems that arise on the project and report to COUNTY staff proposals -3- c_ Packet Pg. 266 11.H.1 submitted by the Contractor, work to resolve such issues, and process the necessary paperwork. (3) Facilitate communication between the Contractor's representatives and COUNTY staff in execution of the work and provide assistance in the resolution of QClVT issues. The CONSULTANT shall not be responsible for the utility relocation work or final locations placed. All utility relocations required shall be coordinated between the Contractor, Utility Agencies, and the COUNTY. (4) Produce verification reports, verify QCNT field testing as scheduled by the COUNTY. (5) The CONSULTANT shall utilize a digital camera for photographic documentation of VT and of noteworthy incidents or events during construction. (6) Other Management Engineering Services may include, but are not limited to, the following services noted below. Stich services are to be provided as they pertain to VT issues or as requested by the COUNTY. Services shall be provided on an as needed time and material basis. (a) The CONSULTANT shall maintain on a daily basis, when called for VT services by the COUNTY, a complete and accurate record of verified activities and events including, but not limited to, manpower, equipment, sub -contractors, weather, and other significant data and events relating to the project and a record of verified work complcted by the Contractor. The CONSULTANT shall immediately report apparent significant changes in verified test data as they are noted. The CONSULTANT shall maintain a Daily Construction Diary which shall outline activity on the project each day VT was scheduled and performed. All emergencies shall be reported immediately to the COUNTY, but in no case in excess of 24 hours. (b) The CONSULTANT shall maintain a log of materials entering into the work with proper indication of the basis ofacceptance of each shipment of material when called for VT services by the COUNTY. (c) The CONSULTANT shall maintain records of sampling and testing accomplished and analyze such records required to ascertain acceptability of materials and completed work items. The field reports for records of work and testing results shall be submitted at the completion of the Contractor's scheduled activities. (d) The COUNTY shall maintain a complete log of all submittals of shop drawings, noting the dates of first submittal and subsequent reviews and resubmittals, approvals, etc. The Engineer of Record shall review all shop drawings. The CONSULTANT shall take note of and verify that any changes are properly carried through to construction and shall further record, report, make recommendations and evaluate any circumstances which affect the progress or cost of the work. Shop drawings shall also include any manuals or similar documents outlining proposed construction procedures submitted by the Contractor. -4- u Packet Pg. 267 11.H.1 (e) The CONSULTANT shall provide to the Contractor interpretations of tine plans, specifications, and contract provisions. The CONSULTANT shall consult with the COUNTY when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the COUNTY may request an interpretation from the Engineer of Record. (17 The CONSULANT shall analyze problems that arise on the project and/or proposals submitted by the Contractor and prepare recommendations to COUNTY staff with appropriate justification and documentation. (g) In the event the Contractor submits a claim for additional compensation, the CONSULANT's staff will analyze the submittal and prepare a recommendation to the COUNTY covering validity and reasonableness of charges and conduct negotiations leading to recommendations for settlement of the claim. The CONSULTANT shall maintain complete, accurate verification records of work involved in claims. In the event the Contractor submits a request for extension of the allowable contract time, the CONSULTANT shall analyze the request and prepare a recommendation to COUNTY staff covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. (h) Upon identification ofa proposed changed condition orconstruction contract change, the extent of change shall be analyzed, and an order of magnitude estimate of cost and titne change, ifany, will be prepared. Prior to receipt of the Contractor's estimate, CONSULANT staff shall prepare the fair cost estimate. (i) The CONSULTANT shall record the progress of verified work by taking color photographs of pertinent construction activities. The extent and frequency of the photographs shall be determined by the CONSULTANT unless specifically dictated otherwise by the COUNTY. Photographic documentation ofnoteworthy incidents or events shall be made including, but not limited to, the following: Exceptional progress of work Accidents showing damage Unsafe working conditions • Unusual construction techniques • Damaged equipment or materials Project photographs shall be furnished, as soon as available and upon request, to the COUNTY. Pertinent photographs will be maintained and available for viewing from the home office throughout the course of Construction. [j) The COUNTY shall be responsible for the review and acceptance of the Contractor's progress schedule. -5- { Packet Pg. 268 11.H.1 Bridv-c. Load Ratin The CONSULTANT shall provide a load rating analysis for each bridge to be certified. The load rating analysis shall be based on the bridge design plans and incorporate any substantial changes made during construction through any request for inFormation (R:FI), request for clarification (RFC), or request for modification (RFM). If no significant changes are made during construction that would Alter a load rating analysis, the CONSULTANT shall provide a Certification Letter in accordance with the FDOT Construction Project Administration Manual, signed and sealed by a professional engineer, certifying the as -built bridge is in conformance with contract documents. Fallowing receipt of the Cel-tiflcation Letter, or as -built plans which reflect significant changes from the Contract Documents, the CONSULTANT shall submit the Complete Load Rating, as detailed in the FDOT Fridge Load Rating Manual. Other Services Upon written authorization by the COUNTY, the CONSULTANT will perform additional services in connection witltthe project not otherwise identified in this Agreement. The following items, including but not limited to, may be required by the COUNTY to supplement the CONSULTANT services under this agreement. • Assist in the timely preparation of all claims and necessary rebuttals with the COUNTY of all supporting documentation as needed or required by the COUNTY pursuant to the Collier County Alternative Dispute Resolution Procedures. • Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. • Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Ire -Suit Mediation. • Provide on- and off' -site inspection services in addition to those provided for in this Agreement. • Sul -Vey suppolt services. • Environmental support services. Note The presence or duties of the CONSULTANT's personnel at a construction site, whether as onsite representatives or otherwise, do not make the CONSULTANT or the CONSULTANT's personnel in anyway responsible for those duties that belong to the COUNTY and/or the Contractor or other entities, and do not relieve the Contractor or any other entity of their obligations, duties, and responsibilities, including but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Construction Contract Documents and any health or safety precautions required by such construction work. The CONSULTANT and the CONSULTANT's personnel have no authority to exercise any control over any Contractor or other entity or their employees in connection with their work or any ,6. Lcil Packet Pg. 269 11.H.1 health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the Contractor(s) or other entity or any other persons at the site except the CONSULTANT's own personnel. The following tasks are not included in the Scope of Work for this Agreement: • Design services or post design services • Construction administration services • Permitting • As -built drawings - 7 - Packet Pg. 270 11.H.1 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item, 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/item Description Lump Sum Time and Materials Not -To -Exceed 1 Project Management, Project Meetings, and Review of Work $ $ 102,720.00 2 Construction Engineering Inspection (CEQ Verification Tasting (VT) Support $ $1,709,369.00 Paga t$ of30 PSA_CCNA Single Projeet Agreement 12022_vcr.1] Packet Pg. 271 11.H.1 Total Lump Sum Fee $ #$112,iJ89.� Total Time and Materials Pee GRAND TOTAL FEE $1,812,089.00 B.2.2. R Time and Material Fees: The fees noted in Section B.2.1, shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respectto this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing, !'age 19 of 3Q P5A_CCNA Single Project Agreement [20M_vdr.l ] Packet Pg. 272 11.H.1 B_2.3. ❑' t-urnp-Su►n-F-ees T-he-fees r}oted i+� Sections—s aA onstFtt*te tkte-I rx p w�a- raaou to-�e pa+d-t� G�"ic T�;,,T fir- k e forr arse of he Basis cervices—Tk4er-e sehaWbe+i^ eone-pay-vwtt4euf the-GO�J WAY-'s-pr�c��+rvr+tter+ep pre�al.. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section 131.1 of this Schedule 8, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. 1324, For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section 13,2,1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2,6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it tinder 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 13.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. 13.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. 13.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontrar;tor 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. 13 3.4.1 Reimbursable Expenses must comply with §112,061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: Page 20 ui'30 PSA_CCNA Single Prgicet Agryemunt [2022_ver.1 j Packet Pg. 273 11.H.1 B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, 13.3,4.11. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.051, Fla, Stat, Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B_3.4.1.3 Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.14.1,5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.11, The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5_ The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. [END OF SCHEDULE B] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 21 of 30 PSA,CCNA Single Project AgreWicna t2022_vea. I I Packet Pg. 274 11.H.1 SCHEDULE B — ATTACHMENT 'I CONSULTANT'S HOURLY RATE SCHEDULE The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel maybe added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Proiects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 22 of 36 P5A_CCNA Single Pmjcd Agreement [2022_ver,1 J Packet Pg. 275 11.H.1 ATTACHMENT 2 TO SCHEDULE "B" LABIMATERIALS TESTING FEES/RATES SOIL CLASSIFICATION TESTS Moisture Content ASTM D-2216 Each $22,00 Organic Content ASTM D-2974 Each $46.00 Sieve Analysis ASTM D-421 D-422 Each $69.00 Percent Fines ASTM D-1 140 Each $48.00 Atterber Limits ASTM D43 1S Set $151.00 CHEMICAL TESTS W Water Each $12.00 Sulfate Each $60.00 Chloride Each $60.00 Soil PH Each $60.00 Resiativity Each $67.00 Carbonate Content Each $161.00 Water Carrosivit Series FM5-550 551 552 553 Each $195.00 Soil Carrosivit Series FM5-550 551, 552 553 Each $244.00 AGGREGATE TESTS Sieve Analysis of Fine Aggregate Each $84.00 Sieve Anal sis of Coarse Aggregate Each $105.00 Pine Aggregate Each $158.00 Coarse Aggregate Each $158.00 Ri2 Rap maximum 6-inch Each $158.00 L.A. Abrasion Each $564,00 F-ART14 WORKS Standard or Modified Proctor Each $152.00 Limerock Bearing Ratio (LBR) Tests Each $507.00 Sieve Analysis Each $69,00 Organic Content Each $46.00 Moisture Content Each $22-00 Atterberg Limits Set $151.00 Percent Fines Each $48.00 CONCRETE Cylindrical Concrete Specimens Cylinder $24.00 Mortar Cubes Cube $24.00 Grout Specimens Specimen $24.00 Cylinders Made by Others Cylinder $30.00 Flexural Strength of Seams Specimen $72..00 ASPHALT Technical Samefing Bituminous Paving Mixtures Hour $73.00 Bitumen Extraction and Aggregate Gradation Each $230.00 Bitumen Extraction FM 5-563 Each $132.00 Aggregate Gradation FM I-T030 Each $101.00 t.ahn,•atory Density Determinations by Marshal Method Each $230.00 Packet Pg. 276 11.H.1 Density Determination of Cored Specimens Each $45.00 Thickness Determination or Cored Specimens Each $17.00 In -Place Density Tests Nuclear Density Backscatter Method Technician Hour $73.00 Density Tests Each $24.00 Asphalt Plant or Roadwa Inspector Senior Inspector) Hour $96.00 CORING Mobilization of Coring Equipment Project $239.00 One -Man Coring Crew Senior Technician Hour $90M Two -Man Coring Crew Senior Technician and Technician Flour $163.00 Core on Portland Cement Concrete (up to 4-inch diameter)_Care $84,00 Core on Asphaltic. Concrete (up to 4-inch diameter Core $79.00 U nerock Base Thickness Deten-nination Hour $56.00 PILE INSTALLATION & VIBRO COMPACTION/ REPLACEMENT Monitoring of Installation b 'fechnician ]-lour $100.00 r O) ti N d E m V Q Packet Pg. 277 11.H.1 SCHEDULE C PROJECT MILESTONE SCHEDULE c O Number of Calendar DaVs x For Completion of Task Task/Item from Date of Notice to Description Proceed N 0 W 1 Project Management, Project Meetings, and Review of Work 1,200 m m Construction fngineoring Inspection (CEI) Verification Tasting (VT) Support 1,200 L O tm d O V tf= L Go r r N N C �L W O to C t O d C L O r ti N Q Page 23 of 30 F5A_CCNA Single Project Agreement 12022_ver, I Packet Pg. 278 11.H.1 SCHEDULED INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of insurance Services Office (ISO) forms and endorsements or their equivalents, If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits real-l+red hereunder. In additkon, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy_ 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. G. 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 subconsuitants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subccnsultant are expressly waived in writing by the COUNTY_ 8, Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased_ If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to Pasc 24 of 30 PSA CCNA Single Project ASfegnirill l2022 _vier. I j Packet Pg. 279 11.H.1 purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( W ) are required by this Agreement. 10. U WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. 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. 4-1 ❑ U +iced a L ►g�he�� ra{ d�H for orker' -As# o erage si�alt-be-r�aa+n# ir+ed wf� e rip plic�ble---tie—oe+�letaet�—o�--the�e�l�-Gove�ag e-�-sti�lf--have�fr�+r��� i r� its--ca# taiml-Osourrence- 24 ❑ Maritime--Coverage-.Jones-A-ot} hail-beta+ntained-w-her--appliGable-thampletfon--of tl=��-�nrai=l��Goverage--sl-gall"I�ve-mi�+n-�u�l-li�aai#e-off-$ Per-Goa+ram{Dec�r�enee- 13. n COMMERCIAL GENERAL LIABILITY. 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, 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 minirnum limits of $1,000,000 _ Per Occurrence, $2 000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you. Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. Page 25 cr1'30 I'SA_CCNA Single Prgiecl Agrcemant {2022_var. I Packet Pg. 2 0771 11.H.1 14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly, Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 1-6- U arr-ied-by--the—GGNSL4LTANT---ol•--tire &UBGONSU TANT-fa-I+mite-o�-met-fe!5 -- pan-t*e--Ger-ar*ier-ete-Ge-ner-al-L4abi4W 4irAit--shewr--n subparagr-ap"4-j-a-bove4f-appkea,ble4-e4he-eernpletion-of tie- er ioc ceder-t ii�A � -r�, =rt- 1-& ❑ Aircraft L-iabili-ter. -Dever-age--6hall--te—ea r-ied—by—-he—GONSLT°�Ter- 4he BGQNG-1 W-TANT-in-*nits of , t less•e the eer�pletion-o#-#die-�er�-im-�,_�nder�+s--At,er�rerrt: 17, BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have rninirnum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include; Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. -W- ❑ 7-E-4CHNOUO6-Y-E-RI�,GRSANa-OMISSIONS-INSUR-ANGL--Cover-age--.hall- lave rA44w+um4rn+ts-of $ per- ec ee g- ❑ GYBE-t-INSURAN QIFE,44verage-sl4,aN-have-min+rrum4ir=aits-of-$- ------------- Ref 4sserrenee- 20, ❑ UMI 6A-L-"A L4TY A� r� br�l la_Lia l}i Iity-�ray�e-I�ai r� t� ir�ed-a spar#-af�k�e-I+eb i 4�y-4�s�r�t�se-c��t h��NS �J L'�N-'F ar+Eii-i�so; -see;h-poi+sy-stiel4-be���e�#-tk�e-Errl�lt�yer�-L-iabili#�-Oor�eroia�Ger�er�l-Liabil+tr�� A�tor�ol�ile--L-lability-ev�r�ge�req-�if�d�ier�it�-� rid-'�t�i ncl�k+�e-all-oover�gee-ela-a�ofao+n�i�g-#ear basis ---�I'�►eY-she al�ec�r�ta i 1=r-wer�+r�te-thee-eftes�tk�a�irl�#�e��errt-o#-t�ae--e�l�us#+rite--ofi�rly underAying4k*r t due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21 ❑■ PROFESSIONAL LIABILITY INSURANCE. A- Professional Liability; Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C- the CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Iloac 26 of 30 I'4A-CCNA Single rrojecr Agreement [2022_ver.I I Packet Pg. 2 1771 11.H.1 Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in lit -nits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22, VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available frorn CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B, The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibleslse[f-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] Page 27 of 311 11SA_,CCNA Single Project A@reoment [2D22_vcr.1] Packet Pg. 282 11.H.1 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 Verification Testing for Vanderbilt Beach Road Extension "project" is accurate, complete and current as of the time of contracting. B TITLE: DATE: Z3 h1.4 rZ Zo z t'agc 28 nf3if PSA CCNIA Single Projcek Agreemern 12022 ver 1 j ,[ A Packet Pg. 283 11.H.1 SCHEDULE F KEY PERSONNEL Personnel Category Percentage of c ° y Name Time _ Ryan Bell P.E. PTOE Principal 1% as w Josh Hildebrand P.E. PTOE Senior Engineer 3% Vee Lofton Prolect Manager 19% o Ron Ward Senior Inspector 16% Arnie Fiore Senior Inspector 16% u Harvey Castro Inspector 16% in Erin Hinklin Inspector 16% = KathyHann an Clerical/Administrative 1% Guy Adams PL5 Surveyor and Mapper 1 % c Paul Win and P.E. Senior Project Manager 1 % Mark Hodges Senior Inspector 7% o Jennifer Korn Ph.D. Senior Environmental Specialist 1 % Jason LaBarbera P.E. Senior Engineer 2% N d O ° L 00 r N N _ �L d d _ _ iL _ O N _ L O n d _ al L O _ r O) ti tV a d E t V O Q Page 29 Of 30 PSA_CCNA Single ProjLd Agreement [2022_vi:r, ] Packet Pg. 284 11.H.1 Other; SCHEDULE G (Description) 0 following this page (pages through _) ■0 this schedule is not applicable Page 30 of3U PSA_CCNA Single Projeet Agreement [2022_ver. I ] CA Packet Pg. 285 I 11.H.2 I AC40M o CERTIFICATE OF LIABILITY INSURANCE I DATE IN 2022 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: Yarltza Soto BKS Partners PHONE FAX P.O. Box 60043 A/C 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: 1718932550 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/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 4027219232 9/15/2021 9/15/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 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 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 $ 1 n nnn $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y WC434939852 9/24/2021 9/24/2022 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 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 / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract No. 21-7914 - Verification Testing for Vanderbilt Beach Road Extension. Certificate Holder is included as Additional Insured with respect to General Liability and Auto Liability if required by written contract and subject to terms, conditions and exclusions of the policy. A Waiver of Subrogation in favor of the Certificate Holder applies to General Liability, Auto Liability, and Waiver of Subrogation if required by written contract, and subject to terms, conditions, and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION 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 '72�-i U)`I} ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 286 JOHNENG-01 11.H.2 ACORN CERTIFICATE OF LIABILITY INSURANCE FWATE(MMIDDIYYYY) 3/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZES 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 JCJ Insurance Agency, LLC 2208 Hillcrest Street Orlando, FL 32803 INSURED Johnson Engineering, Inc. 2122 Johnson St Fort Myers, FL 33901 PHONE 321 445-1117 (A/C, No, Ext): E-MAIL ADDRESS: l: J certs^,cj- insurance.com INSURER(S) AFFORDING COVERAGE INSURER A:BerkleV Insurance Company INSURER C : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 445-1076 32603 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 POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F7 OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F7 JE� LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COBINED SINGLE LIMIT Ea Maccident $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ Parr cctlenDAMAGE $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ W KERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE ER E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT A A Professional Liab AEC-9047720-06 AEC-9047720-06 9/15/2021 9/15/2021 9/15/2022 9/15/2022 Per Claim Aggregate 2,000,1 2,000,1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract No. 21-7914 - Verification Testing for Vanderbilt Beach Road Extension CATE HOLDER 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. 7 7 11.H.2 CNA Business Auto Policy Policy Endorsement 1 7 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. 288 11.H.2 CNA Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) AA 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 the endorsement. 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(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 3; 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: 70 of 290 ° Copyright Insurance Services Office, Inc., 2011 Packet Pg. 289 1 11.H.2 I CNA CNA PARAMO 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 0 A. coverage broader than required by the written contract; or 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. 290 11.H.2 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. 291 I 11.H.2 I CNA CNA PARAMO Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE CONTRACT OR AGREEMENT TO WAIVE SUCH CONTRACT OR AGREEMENT: NAMED INSURED HAS AGREED IN WRITING IN A RIGHTS OF RECOVERY, BUT ONLY IF SUCH 1. IS IN EFFECT OR BECOMES EFFECTIVE 2. WAS EXECUTED PRIOR TO THE BODILY ADVERTISING INJURY GIVING RISE TO THE DURING THE TERM OF THIS COVERAGE PART; AND INJURY, PROPERTY DAMAGE OR PERSONAL AND CLAIM. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (10-16) Policy No: 4027219232 Page 1 of 1 Endorsement No: 10 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. 292 11.H.2 DNA Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. 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 Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 5; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: WC 4 34939852 Policy Effective Date: 09/24/2021 Policy Page: 36 of 54 Copyright 1983 National Council on Compensation Insurance. 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