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Agenda 07/12/2022 Item #11J (Award Contract #21-7930 fro CEI Services for Immokalee Road at Randall Blvd Intersction Improvements to Johnson Engineering, Inc.)
07/12/2022 EXECUTIVE SUMMARY Recommendation to award Agreement No. 21-7930, for "CEI Services for Immokalee Road at Randall Boulevard Intersection Improvements," to Johnson Engineering, Inc., for a total not to exceed the amount of $742,991, authorize the Chairman to sign the attached agreement and authorize the necessary budget amendments. (Project No. 60147, Gas Taxes and Surtax) (Companion item to 11I) OBJECTIVE: To obtain professional Construction Engineering and Inspection ("CEI") services for the Iinmokalee Road at Randall Boulevard Intersection Improvements Project (the "Project"). CONSIDERATIONS: The project will consist of the at -grade widening of Randall Boulevard from east of the intersection with Immokalee Road to 8th Street NE, going from two to four lanes (with a future six lane option available). The improvements will include constructing new sidewalks and on -street bike lanes and upgraded drainage. At the intersection of Randall Boulevard and Immokalee Road, the Project will realign the existing three westbound left turn lanes and one right turn lane from Randall Boulevard onto Immokalee Road and upgrade the existing traffic signal system. The enhanced intersection modification will also have a continuous right turn lane traveling eastbound on Immokalee Road to eastbound on Randall Boulevard. A new traffic signal and intersection will be constructed at the Randall Boulevard and 8th Street NE intersection. On February 8, 2022 (Agenda Item 16.A.8), the Board approved the selection committee ranking for Request for Professional Services No. 21-7930, and authorized staff to negotiate a contract with the top - ranked firm, Johnson Engineering, Inc. ("Johnson"), to provide CEI services for the Project. Johnson has been serving Collier County for nearly 30 years and has provided services on various Collier County projects. Between February 28 and April 21, 2022, staff met with Johnson and negotiated the fees for the attached proposed agreement. Johnson's initial proposed fee schedule was a total project cost of $758,891. Ultimately, staff negotiated a final fee in the amount of $742,991. The terms of the attached Agreement provide for $630,020 in CEI man-hour costs, $81,852 in Engineering Design Review costs and $31,119 in subcontractor costs, for a total amount not to exceed $742,991. The construction services cost on this project is estimated at $8 Million. Johnson Engineering, Inc., will provide peer review services for the design phase of the project along with CEI services during the construction phase. The design phase contract will be brought to the Board under a separate agenda item. We anticipate the design phase commencing in September of 2022 and completing in early 2024. Construction is scheduled to start in 2024. The infrastructure sales tax was approved by the voters in 2018. Exhibit A in Ordinance No. 2018-21 lists all the applicable projects that can be funded from that sales tax. The improvements at Randall Intersection at Immokalee Road Project in eastern Collier County is specifically included in Exhibit A under the Transportation Projects category. On April 3, 2021 (Agenda Item 8.A.1.), the infrastructure Sales Tax Committee validated this project in the amount of $7 million. FISCAL IMPACT: A budget amendment is needed to move $7,000,000 from Fund 318 Infrastructure Sales Tax reserves. Source of funds are infrastructure sales tax. The completed project can be expected to have the following operational and maintenance impacts: minimal to no maintenance costs are expected to be incurred within the first 5 to 7 years of service for the Packet Pg. 431 07/12/2022 roadway features and will be absorbed into the regular maintenance schedule thereafter. GROWTH MANAGEMENT IMPACT: The project is in conformance with the goals and objectives of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To award Agreement No. 21-7930, "CEI Services for Immokalee Road at Randall Boulevard Intersection Improvements," to Johnson Engineering, Inc., for a total not to exceed amount of $742,991, authorize the Chairman to sign the attached agreement, and authorize the necessary budget amendments. (Project No 60147) Prepared By: Dennis F. McCoy, PE, Senior Project Manager, Transportation Engineering Division ATTACH NT(S) 1.21-7930_JEI Insurance2(PDF) 2.21-7930_JEI_ Insurance(PDF) 3. [Linked] 21-7930 Johnson Engineering,Inc_Contract VendorSigned (PDF) 4. Checklist Randall Intersection at Immokalee Road Project Validated Phase I - 03_03_2021 Signed (PDF) Packet Pg. 432 11.J 07/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: I I.J Doe ID: 22232 Item Summary: Recommendation to award Agreement No. 21-7930, for "CEI Services for Immokalee Road at Randall Boulevard Intersection Improvements," to Johnson Engineering, Inc., for a total not to exceed the amount of $742,991, authorize the Chairman to sign the attached agreement and authorize the necessary budget amendments. (Project No. 60147, Gas Taxes and Surtax) (Companion item to 111) (Jay Ahmad, Director, Transportation Management Services). Meeting Date: 07/12/2022 Prepared by: Title: Project Manager Transportation Engineering Name: Dennis McCoy 06/14/2022 2:46 PM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 06/14/2022 2:46 PM Approved By: Review: Transportation Engineering Steve Ritter Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Kristofer Lopez Additional Reviewer Transportation Engineering Marlene Messam Additional Reviewer Growth Management Department Lisa Taylor Additional Reviewer Growth Management Department Ellen Sheffey Growth Management Department Procurement Services Sandra Herrera Additional Reviewer Growth Management Department Gene Shue Additional Reviewer Growth Management Operations Support Jeanne Marcella Procurement Services Sue Zimmerman Additional Reviewer Transportation Engineering Jay Ahmad 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 Completed 06/14/2022 2:48 PM Completed 06/14/2022 2:59 PM Completed 06/14/2022 3:25 PM Completed 06/15/2022 9:51 AM Completed 06/16/2022 8:30 AM Completed 06/16/2022 12:30 PM Completed 06/16/2022 2:35 PM Completed 06/17/2022 8:07 AM Additional Reviewer Skipped Completed 06/21/2022 8:54 AM Completed 06/21/2022 9:02 AM Completed 06/27/2022 9:31 AM Completed 06/29/2022 10:59 AM Completed 06/29/2022 11:03 AM Completed 06/29/2022 3:55 PM Packet Pg. 433 07/12/2022 Office of Management and Budget Susan Usher Additional Reviewer Facilities Management Ed Finn Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 07/01/2022 8:51 AM Completed 07/05/2022 3:01 PM Completed 07/06/2022 4:53 PM 07/12/2022 9:00 AM Packet Pg. 434 __ -I JOHNENG-01 A 11.11 . O CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) *. 6/912 �� /9/2022 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 of 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 Comoanv 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 EACH OCCURRENCE $ CLAIMS -MADE F7 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY F7 JECOT- LOC PRODUCTS - COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COBINED SINGLE LIMIT Ea Maccident $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ Parr cctlenDAMAGE $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ W KERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT A Professional Liab AEC-9047720-06 9/15/2021 9/15/2022 Per Claim 2,000,1 A AEC-9047720-06 9/15/2021 9/15/2022 Aggregate 2,00091 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract No. 21-7930 — CEI Services for Immokalee Road at Randall Boulevard Intersection Improvements 30 Day Notice of Cancellation, except for 10 days for non-payment. CATE HOLDER Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112-5746 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 N a) 0 C M L S W 'I 0 M N C 0) E t v M r r Q ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATIONad The ACORD name and logo are registered marks of ACORD Packet Pg. 7 5 4 1 U.2 I CERTIFICATE OF LIABILITY INSURANCE I DATE IN 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 of 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 LAIC, IC No Ext: 239-931-3021 AIC 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 INSURER B : The Continental Insurance Co 35289 Johnson Engineering, Inc. PO Box 2112 INSURERC: Valley Fore Insurance Company 20508 Fort Myers FL 33902 INSURER D : Continental Casualty Company 20443 INSURER E : COVERAGES CERTIFICATE NUMBER:453750714 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 ToEa occur RENTED PREMISES nce $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 � PRO- � 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 �( NON -OWNED AUTOS ONLY AUTOS ONLY X PIP $10,000 PIP B X UMBRELLA LIAB X OCCUR 4034928401 9/15/2021 9/15/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ in nnn $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE Y WC434939852 9/24/2021 9/24/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE Contract No. 21-7930 — CEI Services for Immokalee Road at Randall Boulevard Intersection Improvements. Collier County Board of County Commissioners is listed as additional insured with respect to general liability on a primary and noncontributory basis with respect to General Liability. Certificate Holder is included as Additional Insured with respect to Auto Liability if required by written contract and subject to term, - conditions and exclusions of the policy. A Waiver of Subrogation in favor of the Certificate Holder applies to General Liability, Auto Liability, and Workers Compensation if required by written contract, and subject to terms, conditions, and exclusions of the policy. 30 days notice of cancellation applies except 10 days for nonpayment. CERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail East, Bldg. C-2 Naples FL 34112 CANCELLATION d E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI V THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Q AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 436 11.J.2 CNA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: JOHNSON ENGINEERING, INC. Endorsement Effective Date: 09/15/2021 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED,BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON/ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Form No: CA 20 48 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 6; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 5084100207 Policy Effective Date: 09/15/2021 Policy Page: 75 of 290 ° Copyright Insurance Services Office, Inc., 2011 Packet Pg. 437 11.J.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. 438 1 11.J.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 a� L m 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 w I- L 0 2. this coverage part provides such coverage. II. But if the written contract requires: r A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 0 01 edition of CG2037; or 0 B. additional insured coverage with "arising out of language; or a C. additional insured coverage to the greatest extent permissible by law; M o r then paragraph I. above is deleted in its entirety and replaced by the following: o 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 E contract. o III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide L) IX such additional insured with: N A. coverage broader than required by the written contract; or M N N B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property U 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, to _ including: wl 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, of field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or N 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. E V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to s cvo add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage a 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. 439 11.J.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. 440 1 11.J.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. 441 11.J.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. Packet Pg. 442 11.J.4 Randall Intersection at Immokalee Road Project (Phase 1) Project 60147 Project # Infrastructure Surtax Citizens Oversite Committee Project Checklist 46 Project(s) in line with F.S. 212.055 Expenditure related to infrastructure as follows: W Construction ❑ improvement of public facilities 46 Land acquisition ❑ Land improvement 4 Design 1.0 Engineering costs 10 Professional & related costs to bring facility into service (CEI, Material Testing, Specialty Consultants) ❑ EMS vehicles associated with 3 new substations ❑ Court -related expenditures forthe construction, lease or maintenance of the Court -related facilities including utilities and security infrastructure 0 Life expectancy of at least 5 years ❑ Land Acquisition expenditure for Residential housing project where at least 30% of units are affordable to individuals whose total annual household income does not exceed 120% of area median income. Vf Project(s) in line with County Ordinance2018-21 46 Project(s) identified in Exhibit A within County Ordinance2018-21 46 Project(s) in line with Ballot Language within County Ordinance2018-21 The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that le- Randall Intersection at Immokalee Road Project (Phase 1) project meets the necessary eq - e ent and is eligible to use Surtax Funding on March 03 , 2021. Chairman Exhibit A Reference Category: Transportation Sub -Category: Randall Intersection Funding Requested: $7,000,000 Packet Pg. 443 PROFESSIONAL SERVICES AGREEMENT Contract # 21-7930 for CEI SERVICES FOR IMMOKALEE ROAD AT RANDALL BOULEVARD INTERSECTION IMPROVEMENTS 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 CEI SERVICES FOR IMMOKALEE AT RANDALL BOULEVARD INTERSECTION IMPROVEMENTS (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; 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 of 30 PSA_CCNA Single Project Agreement [2022_ver.1] 11 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 Ryan Bell, PE, PTOE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest(a-colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: Page 2 of 30 PSA_CCNA Single Project Agreement [2022_ver.l] 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 of 30 PSA CCNA Single Project Agreement (2022_ver.I] 0 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 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. Page 4 of 30 PSA_CCNA Single Project Agreement [2022 ver.l] 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; Page 5 of 30 PSA_CCNA Single Project Agreement [2022_ver.II , C't 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 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. Page 6 of 30 PSA_CCNA Single Project Agreement [2022_ver.II 0 ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ❑ 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. Page 7 of 30 PSA CCNA Single Project Agreement [2022_ver.l] _ 0 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. Page 8 of 30 PSA_CCNA Single Project Agreement [2022_ver.II CAS 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 of 30 PSA_CCNA Single Project Agreement (2022_ver.I I ■ 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 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph .12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of Page 10 of 30 PSA_CCNA Single Project Agreement [2022_ver.l] C 0_0 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 11 of 30 PSA_CCNA Single Project Agreement [2022_ver.II ■ 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: Transportation Engineering Division Division Director: Jay Ahmad Address: 2885 Horseshoe Drive S Naples FL 34104 Administrative Agent/PM: Dennis McCoy Senior Proiect Manager Telephone: (239) 252-5726 E-Mail(s): Dennis McCoy(a)colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Johnson Engineering Inc. Address: 2122 Johnson Street Fort Myers FL 33901 Page 12 of 30 PSA_CCNA Single Project Agreement [2022_ver.II C. Attention Name & Title: Ryan Bell, Senior Protect Engineer/Project Manager Telephone: (239) 334-0046 E-Mail(s): rbeII(@-iohnsonenq.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. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 21-7930 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 of 30 PSA_CCNA Single Project Agreement [2022_ver.l] 0 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CCNA Single Project Agreement [2022_ver. I 010-0 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 sec.. 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 follow this page] ******Remainder of page intentionally left blank****** Page 15 of 30 PSA_CCNA Single Project Agreement [2022_ver.I1 010-0 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller M Date: Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: Witness b Name and Title yvltness Name and Title S 8n9G- BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA 0 William L. McDaniel Jr. Consultant: JOHNSON ENGINEERING, INC. By: Ryan K. Bell, Director VP Name and Title , Chairman Page 16 of 30 PSA_CCNA Single Project Agreement [2022_ver.11 �Cpa SCHEDULE A SCOPE OF SERVICES following this page (pages 1 through 13 Page 17 of 30 PSA_CCNA Single Project Agreement [2022_ver.I] (-t:�01 SCHEDULE "A" SCOPE OF PROFESSIONAL SERVICES FOR CEI SERVICES FOR IMMOKALEE ROAD AT RANDALLBOULEVARD INTERSECTION IMPROVEMENTS May 18, 2022 GENERAL CEI services are required for Phase I of the Immokalee Road (CR 846) at Randall Boulevard Intersection Improvements Project located in Naples, Florida. A two -phased approach to complete this project has been proposed. The interim at -grade preferred build alternative (Phase 1- triple lefts) proposes to widen the existing two-lane Randall Boulevard to four lanes (with a future six lane option available), adding sidewalks and bike lanes and providing drainage improvements. The project limits extend along Immokalee Road (SR 846) to approximately one mile south of Oil Well Road and east along Randall Boulevard from the Immokalee Road/Randall Boulevard intersection to just east of the intersection of Randall Boulevard and 8th Street NE (about 0.75 miles in length). The intersection improvements will consist of constructing three left turn lanes and one right turn lane westbound from Randall Boulevard continuing through an upgraded traffic signal and onto Immokalee Road. A continuous flow right turn lane is proposed eastbound on Immokalee Road to eastbound on Randall Boulevard. A new traffic signal and intersection will be constructed at the Randall Boulevard and 8thStreet NE intersection. The corridor will be evaluated for street lighting improvements. The Randall Boulevard Access Road is proposed to be reconstructed and realigned to intersect Randall Boulevard further east. Theproposed access road will remain a two-way, two-lane undivided typical section, but will include curb and gutter for drainage and a 5-foot sidewalk along the south side. The ultimate preferred build alternative (Phase 2- flyover) proposed plan for this intersection is to construct a two-lane flyover bridge westbound from Randall Boulevard to Immokalee Road bypassing the traffic signal along with expanding the continuous -flow rightturn lane to two -lanes. Although the Phase 2 portion of the project is planned beyond 2035, a Bridge Technical Memo (BTM) and determination of required right-of-way needed for the bridge structure will be completed in Phase I of the Project. The at -grade improvements will include the design and permitting, drainage, utilities, and right-of-way of the ultimate intersection capacity improvements. The services include, but are not limited to, providing constructability review services of design submittals, administering the Construction Contract, providing inspections, monitoring, and material sampling and testing. In addition, the services shall include monitoring off -site activities and fabrication of structural elements. Monitoring and inspecting the Contractor's Work Zone Traffic Plan and reviewing modifications to the Work Zone Traffic Control Plan, in accordance with the Florida Department of Transportation (FDOT) procedures. Determining acceptability of all material and completed work items on the basis of either test results or by verification of a certification. N TASKS In accordance with the general scope of Basic Services stated herein, the CONSULTANT shall provide services necessary to complete the following tasks: TASK INDEX Task 1 - Independent Peer Review Task 2 - Construction Engineering Inspection (CEI) Task 3 — Independent Peer Review — 30% Design Review (Optional Service) TASK 1 INDEPENDENT PEER REVIEW The CONSULTANT shall provide independent peer review services at the 30%(Bridge Technical Memo review only), 60 % and 90% design plan submittal phases and include specifications. This scope of services excludes independent modeling of any bridge superstructure or substructure, and is limited to only review of the Bridge Technical Memorandum for any bridge structural components of the independent peer review. The independent peer review is intended to be a comprehensive, thorough verification of the original work. Independent peer reviews shall include but not limited to the independent confirmation of the following when applicable: • Compatibility of bridge geometry with roadway geometries including typical sections, horizontal alignment,vertical alignment. • Compatibility of construction phasing with Traffic Control Plans • Critical horizontal and vertical clearances • Potential conflicts with underground and overhead utilities • Conformity to FDOT standards • Compliance with FDOT and FHWA design requirements • Structural Analysis and Methodology and assumptions • Design results/recommendations (independent verification of the design) • Completeness and accuracy of the plans • Technical Special Provisions • Constructability issues Peer Review phase deliverables shall consist of comments provided via Blue -beam software or via separate excel spreadsheet in a format acceptable to the COUNTY. Comments shall be provided within 21 days of receiving the submittal for review unless otherwise excepted by the COUNTY. The CONSULTANT shall review the plans and documentation as provided by the COUNTY. The independent peer review will be based on standards promulgated in the latest editions of minimum requirements as noted by the following manuals and guidelines, as applicable: • FDOT Design Manual (FDM) • Manual of Uniform Minimum Standards for Design, Construction and Maintenance (Florida Greenbook) 0 Florida Department of Transportation Standard Plans for Road Construction • Florida Department of Transportation Standard Specifications for Road and Bridge Construction • Manual on Uniform Traffic Control Devices (MUTCD) • American Association of State Highway Transportation Officials (Greenbook) • Collier County Traffic Operations Signalization Technical Special Provisions • Collier County Traffic Operations Roadway Lighting Technical Special Provisions. TASK 2 CONSTRUCTION ENGINEERING INSPECTION (CEI) Definitions: A. Agreement: The Professional Services Agreement between the COUNTY and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services,and the basis of payment. B. Design Firm: The individual, firm, or company contracting with the COUNTY for the design of work. C. Construction Contract: The written agreement between the COUNTY and the Contractor setting forth theobligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. D. Construction Project Manager: The COUNTY employee assigned to manage the Construction Engineering and Inspection Contract and represent the COUNTY during the performance of the services covered under thisAgreement. E. Construction Training/Qualification Program (CTQP): The FDOT program for training and qualifying technicians in Aggregates, Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is available at CTQP website. F. CONSULTANT: The Consulting firm under contract to the COUNTY for administration of Construction Engineering and Inspection services. G. CEI Project Administrator/Project Engineer: The employee assigned by the CONSULTANT to be in charge of providingConstruction Contract administration services for one or more Construction Projects. H. CEI Senior Project Engineer: The Engineer assigned by the CONSULTANT to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other CONSULTANT employees and act as the lead Engineer for the CONSULTANT. L Procurement Contract Manager: The administrative Contract manager at the County's Procurement Office. J. COUNTY's Construction Manager: The COUNTY employee assigned to administer the N Construction, and theCONSULTANT Construction Engineering and Inspection (CCEI) Contracts in the Transportation Engineering Division. K. County's Director of Transportation Engineering: The Director of Construction, Engineering, and Traffic Operations. L. County's Procurement Director: The Director of the Procurement Services Division. M. Counjy Manager: The Chief Executive Officer appointed by the Board of County Commissioners. N. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design andpreparation of the plans. O. Community Liaison Officer: The Growth Management Department's employee assigned to manage the PublicInformation Issues. P. Pro iect Manager: The Engineer or employee assigned by the County to administer Construction Contracts for theDivision. Items to be Furnished by the COUNTY to the CONSULTANT: A. The Division, on an as needed basis, will furnish the following Construction Contract documents for each project.These documents may be provided in electronic format only. I. Construction Plans, in Adobe PDF and reproducible in size 11"x17" prints. 2. CADD Files will be provided upon request in MicroStation format. 3. Specification Package, in Adobe PDF and reproducible in size 8.5"xl1" prints. The native file in Microsoft Word if requested. 4. Copy of the Executed Construction Contract, in Adobe PDF and reproducible in size 8.5"xl 1" prints. 5. Utility Agency's Agreements and Work schedules (if applicable). 6. Environmental Permits, in Adobe PDF. Items Furnished by the CONSULTANT: A. FDOT Documents All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT's Internet website. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at the FDOT's website. Florida Division of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399-0450 0 0 Telephone No. (850) 414-4050 littp://www.fdot.jzov/construction/ B. Office Automation Provide software and hardware necessary to efficiently and effectively carry out the responsibilities under this Agreement. Provide each inspection staff with a laptop computer (or tablet) running software needed for project scheduling, documentation and control (such as, SiteManager application through Citrix, Primavera/Sidetrack, Claim Digger, etc.) connection using a mobile broadband connection at the jobsite. All computer coding shall be input by CONSULTANT personnel using equipment furnished by them. 1. Communication Technology All informational, contractual and other business required for this project will be tailored to the needs of the project and to facilitate communication. At times a paperless electronic system may be necessary such as emails, portals or web site, and at other times hard copies will be expected and accepted. Ownership and possession of computer equipment and related software, which is provided by the CONSULTANT, shall always remain with the CONSULTANT. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should always be maintained and operational. Current technical specifications for office automation can be viewed at: littp•//www fdot gov/Construction/DesignBuild/ConsultantCEI/OfficeAutomatioii.shtm C. Field Office The COUNTY will not require CONSULTANT to provide a satellite office for this project. Inspection staff shall work from their vehicles with project meetings to be held at a COUNTY provided facility. D. Vehicles Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. E. Field Equipment Supply survey, inspection, and testing equipment essential to perform services under this Agreement; such equipment includes non -consumable and non -expendable items. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of theCONSULTANT and shall be removed at completion of the work. Handling of nuclear density gauges shall be in compliance with their license. Retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall always be maintained and in operational condition. F. Licensing for Equipment Operations Obtain proper licenses for equipment and personnel operating equipment when licenses are required. The licenseand supporting documents shall be available for verification by the COUNTY, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. Liaison Responsibility of the CONSULTANT: For the duration of the Agreement, keep the COUNTY's Construction Project Manager in Responsible Charge informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement. Facilitate communications between all parties (i.e. architectural, mechanical, materials, landscaping, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. Inform the designated Division project personnel of any design defects, reported by the Contractor or observed by the CONSULTANT. Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, and Supplemental Amendments to the Construction Project Manager for review and approval. Performance of the CONSULTANT: During the term of this Agreement and all Supplemental Amendments thereof, the COUNTY will review various phases of CONSULTANT operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement. Cooperate and assist COUNTY representatives in conducting the reviews. If deficiencies are indicated, remedial action shall be implemented immediately. COUNTY recommendations and CONSULTANT responses/actions are to be properly documented by the CONSULTANT. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Immediately replace personnel whose performance has been determined by the CONSULTANT and/or the COUNTY to be inadequate. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the CONSULTANT's responsibility. 6 D. Increase the scope and frequency of training of the CONSULTANT personnel. Requirements of the CONSULTANT: A. General It shall be the responsibility of the CONSULTANT to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. Observe the Contractor's work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to the COUNTY, and direct the Contractor to correct such observed discrepancies. Consult with the Construction Project Manager as necessary and direct all issues, which exceed delegated authority to the Construction Project Manager for COUNTY action or direction. Inform the designated COUNTY project personnel of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. B. Survey Control Check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project as necessary to make and record measurements necessary to calculate and document quantities for pay items, and (2) perform incidental engineering surveys as needed and as requested by COUNTY. C. On -site Inspection Monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordancewith the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The CONSULTANT shall have personnel qualified by the FDOT who can monitor off -site activities and fabrication unless otherwise stipulated by this Agreement. Monitor and inspect Contractor's Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with the FDOT's procedures. CONSULTANT employees performing such services shall be qualified in accordance with the FDOT's procedures. D. Sampling and Testing Perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. 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, provide daily surveillance of the Contractor's Quality Control activities and perform the sampling and testing of materials and completed work items for verification and acceptance. The CONSULTANT shall also perform inspection and sampling of materials and components at locations remote fromthe project site and testing of materials normally done in a laboratory remote from the project site. Determine the acceptability of all materials and completed work items based on either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. The Division will monitor the effectiveness of the CONSULTANT's testing procedures through observation andindependent assurance testing. Sampling, testing and laboratory methods shall be as required by the FDOT's Standard Specifications, Supplemental Specifications. Documentation reports on sampling and testing performed by the CONSULTANT shall be submitted during the sameweek that the construction work is done. Transport samples to be tested to the appropriate laboratory that meets the FDOT standards. Supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. Supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. Supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade,base and asphalt inspection. E. Engineering Services Construction, EndneerinE Inspection Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the CONSULTANT is not liable to the COUNTY for failure of such parties to follow written direction issued by the CONSULTANT. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed: A. Attend a pre -service meeting for the Agreement within ten (10) business days after the notice -to - proceed. Provide appropriate staff to attend and participate in the pre -service meeting. At the time of this meeting the CONSULTANT shall submit "Action Request" packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing. The CONSULTANT shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. B. Prepare independent Peer Review of the Design Firm's work for each design submittal. C. Prepare and submit to the Construction Project Manager for approval, within thirty (30) days after the pre -service meeting, a copy of the project specific CONSULTANT Contract administration documents listed below(Adobe PDF file format is acceptable). In addition, the CONSULTANT Contract administration documents, which shall be routinely used by the CONSULTANT throughout the project, shall be in the format and content approved by the Construction Management Office. 1. Action Request Form 2. Contract Status Report, or other approved fund tracking report 3. CEI CONSULTANT Firm estimated staffing (completed in accordance with the original CONSULTANT Contract Agreement) 4. CEI CONSULTANT Data D. Schedule, attend and conduct a Pre -construction Conference in accordance with Article 8-3.5 of the FDOTStandard Specification for Road and Bridge Construction. The purpose of this meeting is to discuss the required documentation, including as-builts, necessary for permit(s) compliance. Record significant information revealed and decisions made at this conference and distribute copies of the minutes to the appropriate parties. The meeting shall also be electronically recorded, and the CONSULTANT shall maintain all tapes of the meeting for the duration of the contract. E. Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors". The CONSULTANT's inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and the COUNTY's guidelines. F. Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as -built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. G. Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues and process the necessary paperwork. H. Monitor, inspect, and document utility relocation self -performed by the Contractor for conformance withUtility Agency's Standards and the Utility Agency's Approved Materials List. Document utility construction progress to be performed by Utility Agencies. Facilitate coordination and communication between Utility Agency's representatives, COUNTY's staff and Contractors executing the work. Identify potential utility conflicts and assist in the resolution of utility issues including County and Privately -owned facilities. I. Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information for the County tomake timely payment to the Contractor. Prepare and make presentations for meetings and hearings before the Board of County Commissioners, Dispute Review Boards, or any other necessary Stakeholder meetings in connection with the project covered by this Agreement. K. Assist in providing Community Outreach Services and be proactive in coordinating with the contractor and addressing day to day public inquiries as they pertain to the project. All inquiries shall be coordinated with COUNTY project management and, when necessary, COUNTY Public Relations personnel. L. Prepare and submit to the Construction Project Manager monthly, a Construction Status Report, in a format to be approved by the COUNTY. M. Video tape the pre -construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. N. Provide a digital camera for photographic documentation of pre -construction state and of noteworthy incidents or events during construction. These photographs will be filed and maintained on the CONSULTANT'S computer using a digital photo management system. Photographs shall be taken the day prior to the start of construction and continue as needed throughout the project. Photographs shall be taken the days of Substantial, Partial and Final Acceptance. Provide visual documentation of the Project through the periodic collection of a set of panoramic digital photographs at predetermined stations throughout the project. Photographic locations should be located at intervals such that the digital photographs collectively portray most of the visible surfaces on the Project. The digital photographs should be taken with a frequency designed to reveal changes in the progress of the Project, which can be compared to other project data including daily reports of construction and scheduling updates. Photographic data files comprising each digital photograph are to be supplied together with an HTML (web page) based access and display system for viewing the photographs. Original photographic data files are to be supplied for archival purposes and comprise photographic data identicalin form and content to that produced by the digital camera used to capture the image. Working photographic data files are to be supplied for everyday reference purposes and comprise copies of each original photographic data file, which have been processed to a reduced pixel and color resolution (size and clarity) for distribution via CD ROM and the Internet. The access and display system should be comprised of a series of HTML files (web pages) which allow a user to view each photographic data file at random, and in a sequence which simulates the visual experience of a viewer moving through the actualProject from one photographic station to the next. The original photographic data files, working photographic data files and access and display system are to be distributed on CD ROM and portable harddisk media. The working photographic data files and the access and display system should also be maintained on a server accessible via the Internet. 10 9 Ouality Assurance (OA) Prouram: A. Quality Assurance Plan Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the CONSULTANT's organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until the COUNTY approves the CONSULTANT QA Plan. Significant changes to the work requirements may require the CONSULTANT to revise the QA Plan. It shall be the responsibility of the CONSULTANT to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: Organization: A description is required of the CONSULTANT QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. 2. Quality Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. Quality Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program. 4. Control of Subconsultants and Vendors: Detail the methods used to control subconsultant and vendor quality. 5. Quality Assurance Certification: An officer of the CONSULTANT firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and FDOT procedures. B. Quality Assurance Reviews Conduct semi-annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality Assurance Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Assurance Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one (1) month after the review. For this project, the CCEI shall perform an initial QA review within the first two (2) months of the start of construction. The CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full workdays of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff. 11 G C. Quality Records Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall be available to the COUNTY, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. Certification of Final Estimates: A. Final Estimate and As -Built Plans Submittal Prepare documentation and records in compliance with the contract documents and the COUNTY's standard procedures. Submit the Final Estimate(s) and one (1) set of final "as -built plans" documenting the Contractor's work. Revisions to the Certified Final Estimate will be made at no additional cost to the County. B. Certification CONSULTANT personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II. Duly authorized representative of the CONSULTANT firm will provide certification that the final estimate is consistent with the constructed improvements. C. Offer of Final Payment Prepare the Offer of Final Payment package per COUNTY requirements. The package shall accompany the Certified Final Estimates Package submitted to the Construction Project Manager for review. TASK 3 INDEPENDENT PEER REVIEW - 30% DESIGN REVIEW (OPTIONAL SERVICE) The CONSULTANT shall provide independent peer review services at the 30% design plan submittal phase, if requested by COUNTY. The independent peer review is intended to be a comprehensive, thorough verification of the original work. Independent peer reviews shall include but not limited to the independent confirmation of the following when applicable: • Compatibility of bridge geometry with roadway geometries including typical sections, horizontal alignment,vertical alignment. • Compatibility of construction phasing with Traffic Control Plans • Critical horizontal and vertical clearances • Potential conflicts with underground and overhead utilities • Conformity to FDOT standards 12 cq • Compliance with FDOT and FHWA design requirements • Structural Analysis and Methodology and assumptions • Design results/recommendations (independent verification of the design) • Completeness and accuracy of the plans • Technical Special Provisions • Constructability issues Peer Review phase deliverables shall consist of comments provided via Blue -beam software or via separate excel spreadsheet in a format acceptable to the COUNTY. Comments shall be provided within 21 days of receiving the submittal for review unless otherwise excepted by the COUNTY. The CONSULTANT shall review the plans and documentation as provided by the COUNTY. The independent peer review will be based on standards promulgated in the latest editions of minimum requirements as noted by the following manuals and guidelines, as applicable: • FDOT Design Manual (FDM) • Manual of Uniform Minimum Standards for Design, Construction and Maintenance (Florida Greenbook) • Florida Department of Transportation Standard Plans for Road Construction • Florida Department of Transportation Standard Specifications for Road and Bridge Construction • Manual on Uniform Traffic Control Devices (MUTCD) • American Association of State Highway Transportation Officials (Greenbook) • Collier County Traffic Operations Signalization Technical Special Provisions • Collier County Traffic Operations Roadway Lighting Technical Special Provisions. 13 �q� 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 Independent Peer Review $ 58,732.00 $ 2 Construction Engineering Inspection (CEI) $ $661,139.00 3 Independent Peer Review - 30% Design Review (Optional Service) $ 23,120,00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Page 18 of 30 PSA_CCNA Single Project Agreement [2022_ver.I] Total Lump Sum Fee $ 81,852.00 Total Time and Materials Fee $ 661,139.00 $ 742,991.00 GRAND TOTAL FEE B.2.2. Fm-]* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. R-0 Page 19 of 30 PSA_CCNA Single Project Agreement r2022_ver.I] B.2.3. 0* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: Page 20 of 30 PSA_CCNA Single Project Agreement [2022_ver.11 OCAQ B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 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 0Page 21 of 30 PSA_CCNA Single Project Agreement [2022_vecl] SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly ,Rate Senior Project Manager / CEI Senior Project En ineer $201 CEI Project Administrator $165 CEI Senior Inspector $108 CEI Inspector $96 CEI Asphalt Plant Inspector $108 Senior Engineer. $175 CEI Secretary/Clerk Typist $73 Senior Planner $164 Planner $130 Senior Designer $128 Designer 109 Environmental Specialist $120 Senior Environmental Specialist $156 Scientist/Geologist $115 Marine Biolo ist/H dro eolo ist $133 Senior Marine Biolo ist/H dro eolo ist $169 Senior GIS Specialist $149 GIS Specialist $114 Clerical/Administrative $73 Senior Technician $102 Technician $83 Surveyor and Mapper $142 CADD Technician $95 Survey Crew - 2 Man $152 Survey Crew - 3 Man $185 Survey Crew - 4 Man $218 Senior Architect $154 Architect $121 LAB AND MATERIAL TESTING FEES/RATES TO FOLLOW THIS PAGE The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 22 of 30 OAQ PSA_CCNA Single Project Agreement [2022_ver.I] ATTACHMENT 2 TO SCHEDULE "B" LAB/MATERIALS TESTING FEES/RATES Item Unit Unit Rate 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-1140 Each $48.00 Atterber Limits ASTM D4318 Set $151.00 CHEMICAL TESTS H Water Each $12.00 Sulfate Each $60.00 Chloride Each $60.00 Soil pH Each $60.00 Resistivity Each $67.00 Carbonate Content Each $161.00 Water Corrosivi Series FM5-550, 551, 552, 553 Each $195.00 Soil Corrosivi Series FM5-550, 551, 552, 553 Each $244.00 AGGREGATE TESTS Sieve Analysis of Fine Aggregate Each $84.00 Sieve Analysis of Coarse Aggregate Each $105.00 Fine Aggregate Each $158.00 Coarse Aggregate Each $158.00 Rip Rap maximum 6-inch Each $158.00 L.A. Abrasion Each $564.00 EARTHWORKS 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 Beams Specimen $72.00 ASPHALT Technical Sampling 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 1-T030 Each $101.00 Laboratory Density Determinations by Marshal Method Each $230.00 0 Density Determination of Cored Specimens Each $45.00 Thickness Determination of Cored Specimens Each $17.00 CORING Mobilization of Coring Equipment Project $239.00 One -Man Coring Crew Senior Technician Hour $90.00 Two -Man Coring Crew Senior Technician and Technician Hour $163.00 Core on Portland Cement Concrete (up to 4-inch diameter Core $84.00 Core on Asphaltic Concrete (up to 4-inch diameter Core $79.00 Limerock Base Thickness Determination Hour $56.00 PILE INSTALLATION & VIBRO COMPACTION/ REPLACEMENT Monitoring of Installation by Technician Hour $100.00 ED SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days For Completion of Task Task/Item from Date of Notice to Description Proceed I 1 I Independent Peer Review I 550 Days I 2 ( Construction Engineering Inspection (CEI) I 510 Days I I 3 I Independent Peer Review - 30% Design Review (Optional Service) I 300 Days Page 23 of 30 PSA_CCNA Single Project Agreement [2022_ver.1] SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 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 Page 24 of 30 PSA_CCNA Single Project Agreement [2022_ver.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 (■� ) are required by this Agreement. 10. ❑N 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. 13. FE-1 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 minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you. Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. PSA_CCNA Single Project Agreement 2022_ver.I Page 25 of 30 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. NMI.:. ,. —� .� �. .. _ - . . ��l���► r . _- - a¢ .�- 17. �■ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. ... . . A 1..� _.. . _ .A 4kml I, . _ . _ w ...M - - - - 21, 0 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 Page 26 of 30 PSA_CCNA Single Project Agreement [2022_ver.lAJ Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] Page 27 of 30 PSA_CCNA Single Project Agreement [2022_ver.II ONO 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 " CEl SERVICES FOR IMMOKALLE AT RANDALL BOULEVARD INTERSECTION IMPROVEMENTS "project" is accurate, complete and current as of the time of contracting. TITLE: Ryan K. Bell, Director VP DATE: & / In 1.2 0-ID, Page 28 of 30 PSA_CCNA Single Project Agreement [2022 ver.l] C90 SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time Ryan Bell, P.E. PTOE CEI Senior Project Engineer Johnson En 3% Josh Hildebrand P.E. PTOE Senior Engineer Johnson En 3% Vee Lofton CEI Project Administrator Johnson En 11 Ron Ward CEI Senior Inspector Johnson En 17% Arnie Fiore CEI Senior Inspector Johnson En 17% Harvey Castro CEI Inspector Johnson En 17% Erin Hinklin CEI Inspector Johnson Eng.).17% KathyHana an CEI Secretary/Clerk Typist Johnson En 8% Guy Adams PLS Surveyor and Mapper Johnson En 1 % Paul Win and P.E. Senior Engineer (KCA) 1 % Mark Hodges CEI Asphalt Plant Inspector (KCA) 2% Jennifer Korn, Ph.D. Senior Environmental Specialist Johnson En 1% Jason LaBarbera P.E. Senior Project Manager (KCA) 2% Page 29 of 30 PSA_CCNA Single Project Agreement [2022_ver ■ Other: SCHEDULE G (Description) ❑ following this page (pages through ) 0 this schedule is not applicable Page 30 of 30 PSA_CCNA Single Project Agreement [2022_ver.I]