Backup Documents 10/25/2022 Item #16C2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with
,:_,.,, ut A,r,., , ifs —nl,t, the rh--that and forward to the County Attorney Office.
the exception of the Chairman's signature, draw a one uudu n ivuun
Route to Addressee(s) (List in routing order)
1110 — L... .,,... —, .,.,..... - • - _._______, ____
Office
Initials
Date
1. Risk
Risk Management
2. County Attorney Office
County Attorney Office
/0 7
4. BCC Office
Board of County
Commissioners�h
/U
4. Minutes and Records
Clerk of Court's Office
5. Procurement Services
Procurement Services
PRIMARY CONTACT INFORMATIO1V
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
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one or me addressees audvc, Mauccu
Name of Primary Staff
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Patrick
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Contact Information
239- 252-8407
Contact / Department
O' Quinn/PROCUREMENT
Agenda Date Item was
OCTOBER 25th, 2022
Agenda Item Number
16.C.2.
Approved by the BCC
Type of Document
PROFESSIONAL
Number of Original Documents
1
Attached
SERVICES
Attached
AGREEMENT
PO number or account
N/A
22-7952
JOHNSON
number if document is
NORTH COUNTY WATER
ENGINEERING,
to be recorded
RECLAMATION
INC.
FACILITY — ELECTRICAL
SERVICES NUMBER ONE
UPGRADE PROJECT
(0-
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature STAMP OK
N/A
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
PRO
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
PRO
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
PRO
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 10/25/2022 and all changes made during
County
CT 25
the meeting have been incorporated in the attached document. The
Attorne 's Office has reviewed the changes, if applicable.
IP
9.
Initials of attorney verifying that the attached document is the version approved by the Rf
k Manage
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
16 C 2 .
PROFESSIONAL SERVICES AGREEMENT
Contract # 22-7952
for
North County Water Reclamation Facility — Electrical Services Number One Upgrade Project
THIS AGREEMENT is made and entered into this 2-9t''' day of OL -o68!` , 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 "North County Water Reclamation Facility - Electrical Services Number One
Upgrade Project" (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.
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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 Wayne Wright, PE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the services to
be provided and performed under this Agreement. Further, the Project Coordinator has full authority
to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The
CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to
satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder.
The Project Coordinator shall not be removed by CONSULTANT from the Project without the
COUNTY's prior written approval, and if so removed must be immediately replaced with a person
acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide
and perform services or work pursuant to the requirements of this Agreement, said request may be
made with or without cause. Any personnel so removed must be immediately replaced with a person
acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional
services that will be performed pursuant to this Agreement and has extensive experience with projects
similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided
by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval
and shall be in accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to
ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Services to be provided
and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735
and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically
those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordReg uest(Q7colIiercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
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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.
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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.
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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;
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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.
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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. ❑ t Fund d: The hGUFly Fates as and identified ki Sr
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.
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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.
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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
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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
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16 C 2
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
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16C2"*
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: Public Utilities Engineering and Project Management
Division Director: Matthew Mclean
Address: 3339 Tamiami Trail East, Suite 303
Naples FL 34112
Administrative Agent/PM: Mike Raabe Principal Project Manager
Telephone: (239) 252-5379
E-Mail(s): Mike RaabeaCollierCountyFL.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 St.
Fort Myers, FL 33901
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16
Attention Name & Title: Michael Dickey PE., Vice President
Telephone: (239) 334-0046 / (239) 461-2481
E-Mail(s): mdickey ccbiohnsoneng.com; wwriaht(d�iohnsoneng.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 # 22-7952 , including all Attachment(s), Exhibit(s) &Addendum
Consultant's Proposal
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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."
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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 seg. 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******
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST:
Crystal K. Kin4es <Glerk of the Circuit
Court and Cbmptroller4�
0
Dal
to or and Legality:
VVA cc County` Attorney
Jij, V -i_t t V-
Name
Consultant's Witnesses:
Witness
Name and Title Dt t��c'T'oTt-
and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
By:
Willia L. McDaniel Jr. Chairman
Consultant:
JOHNSON ENGINEERING, INC.
to-V-V r ✓ hlo w-4-17-9 . ram, ��.s�
Name and Title
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SCHEDULE A
SCOPE OF SERVICES
following this page (pages 1 through 9 )
1-6 C 2"to
Page 17 of 30
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16 Czw
ZYww1111r1
SCOPE OF PROFESSIONAL SERVICES FOR
NORTH COUNTY WATER RECLAMATION FACILITY — ELECTRICAL SERVICES
NUMBER ONE UPGRADE PROJECT
GENERAL
The CONSULTANT shall prepare construction documents including plans, specifications, supporting
engineering analysis, calculations and other technical documents in accordance with COUNTY policy,
procedures, standards and requirements. These construction documents will be used for bidding
purposes by the COUNTY, and by the contractor(s) to build the project and test the project
components. These construction documents will also be used by the COUNTY and/or its Construction
Engineering Inspection (CEI) representatives for inspection and final acceptance of the project. The
CONSULTANT shall ensure that all required design and specification components necessary to build
the project are included in the construction documents.
The CONSULTANT shall demonstrate good project management practices while working on this
project. These include, but are not limited to, communication with the COUNTY and others as
necessary, and management of documentation, time and resources. CONSULTANT's are expected to
know the laws and rules governing their professions and are expected to provide services in accordance
with current regulations, codes and ordinances, and recognized standards applicable to such
professional services. The CONSULTANT shall provide qualified technical and professional personnel
to perform the duties and responsibilities assigned under the terms of this agreement.
The CONSULTANT shall have qualified Licensed Professionals in the State of Florida sign and seal
all documents as required by the applicable professional licensing board. These professionals shall be
responsible for the full compliance of the design with all applicable regulations, codes, ordinances and
similar guidance. All work shall be prepared with English units in accordance with the latest editions
of all applicable codes, standards and requirements.
The COUNTY will provide contract administration, management services and reviews of work
associated with the development and preparation of the construction documents. COUNTY technical
reviews are for high-level conformance and are not meant to be comprehensive reviews. The
CONSULTANT shall be fully responsible for all work performed and work products developed under
this Scope of Services. The COUNTY may provide job -specific information and/or functions as
outlined in this solicitation, if favorable.
The CONSULTANT shall be aware that as a project is developed, certain modifications and/or
improvements to the original concepts may be required. The CONSULTANT shall incorporate these
refinements into the design and consider such refinements to be an anticipated and integral part of the
work. This shall not be a basis for any supplemental fee request(s).
Page 1 of 9
16 C? we
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 A.35 - Design Services
Task A.35.a - 30% Design
Task A.35.b - 60% Design
Task A.35.c - 90% Design
Task A.35.d - Final Design
Task B - Post Design Services
Task C - Optional Services
A. DESIGN SERVICES
This project will require the CONSULTANT to develop creative and innovative solutions to
challenging operational and physical boundaries:
The project must be designed for limited to no North County Water Reclamation Facility (NCWRF)
operational downtime. Some features of the NCWRF must remain operational throughout the duration
of the project and must have available backup power options should the temporary power solution
implemented during construction fail. The CONSULTANT will be expected to coordinate with
COUNTY staff to develop an approved construction phasing and implementation plan. The
construction documents developed by the CONSULTANT shall include all features necessary to
assure the contractor can and will follow the approved construction phasing and implementation
plan.
1. The CONSULTANT shall determine the safest and most cost-effective solution for replacing
the Electrical Service Number One Main Switchboard (Switchgear) while meeting all
applicable code requirements and minimizing the amount of time required for the replacement.
2. The new Main Switchboard shall be located in the existing Electrical Service Number One
Building, preferably in the position of the existing Main Switchboard. Additions or
modifications to the existing building shall be limited to what is necessary to meet applicable
code and safety requirements.
3. The CONSULTANT shall coordinate with the COUNTY throughout the project to assure that
all new electrical facilities and/or equipment to be modified or replaced during this project
have enough capacity to facilitate the latest projected needs of the NCWRF.
4. Prior to starting any design work, the CONSULTANT must:
a. Evaluate/inspect the existing structure to determine what building
repairs/improvements, if any, will be necessary to address any deficiencies and
conform to the latest building codes.
b. Develop a recommendation report including any/all necessary building repairs and/or
improvements necessary and submit the report to the COUNTY for review and
approval prior to starting any design_work.
c. As approved by the COUNTY, include all necessary building repairs
and/improvements in the design documents as part of the overall project.
5. The COUNTY anticipates the new Main Switchboard will consist of and/or include the
following features, asappropriate:
Page 2 of 9
16 r ? --
a. Double ended switchgear style equipment.
b. Two feeds terminating in an "A" main and a `B" main breaker.
c. A normally open tie breaker allowing for maintenance and redundancy at the
switchgear.
d. Zone selective interlocking to reduce arc flash energy and increase safety.
e. Internal barriers between the main bus and feeder compartments to minimize the
potential for a fault and limit damage in the event of a fault.
f. Supervisory Control and Data Acquisition System (SCADA) and Florida Power and
Light (FPL) load shed integration.
g. Power monitoring equipment
h. Surge Protection Devices
i. Customer termination compartment
i. Provision for future loads
This list of features is not intended to replace or supersede applicable code and safety
requirements. It is the CONSULTANT's responsibility to assure the equipment selected and
the overall project design meets all applicable code and safety requirements. The provided list
of features is subject to change if approved by the COUNTY. The CONSULTANT shall
coordinate with the COUNTY during design to select the appropriate equipment and/or
features for this project.
The automatic transfer switch (ATS) shall be replaced as part of the Main Switchboard
replacement. A new ATS shall be included in the design.
The existing generators will not be replaced during this project but shall be incorporated into the
new Main Switchboard design and configuration.
All other facility/equipment improvements and/or replacements necessary to achieve the primary
objective of replacing the Main Switchboard for Electrical Service Number One shall be included
in the design and incorporated into the construction documents.
The CONSULTANT shall perform all general activities required for and applicable to the project, such
as but not limited to:
9. After the Notice to Proceed is issued, the CONSULTANT shall evaluate/inspect the Electrical
Service Number One Building and provide a recommendation report to the COUNTY for
approval prior to beginning any design activities. Then the CONSULTANT shall develop and
provide an estimated design schedule for COUNTY review for anticipated 30%, 60%, 90% and
Final design submittals. The proposed schedule shall include an estimated (2) two weeks for
COUNTY submittal reviews and meet the latest COUNTY production dates.
10. Budgetary construction cost estimate with the 30% submittal.
11. Construction cost estimates with each submittal, starting with the 60% submittal.
12. Preparation of all Specifications, Technical Special Provisions, Supplemental Terms and
Conditions, and any other similar documents necessary for the project. All documents shall be
signed and sealed in accordance with applicable Florida Statutes.
13. Field Reviews of the project site as required to obtain necessary data for all elements of the project.
14. Attend all relevant technical meetings, as necessary. May include, but is not limited to, meetings
with COUNTY operational staff.
15. Quality Assurance/Quality Control. Including all work furnished by or services provided by the
CONSULTANT and their subconsultant(s). The CONSULTANT shall, without additional
compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications
Page 3 of 9
16 t; ?
and/or other products and services.
16. Supervise all technical design activities.
17. Coordinate with all disciplines of the project to produce a final set of construction documents.
18. The CONSULTANT shall coordinate with all relevant adjacent and integral projects to
effectively complete plans and specifications for the project described herein.
19. Develop and incorporate all necessary design variations, design exceptions, and any other similar
documentation as needed.
20. Communicate to all interested persons, utilities, groups and government organizations
information regarding the development of the project.
21. Attend relevant meetings with local governing authorities, as necessary.
22. Develop meeting agendas and minutes.
23. Practice selective clearing and grubbing to ensure preservation and protection of existing
vegetation, as necessary. Relocation of existing vegetation may be necessary in some cases.
24. Prepare and include in the construction documents all plan sheets, notes and details necessary to
convey the intent and scope of the project for the purposes of construction.
25. Contract maintenance, project management, and delivery of final documents, reports,
calculations and other deliverables created during the project. All deliverables shall be signed
and sealed in accordance with applicable Florida Statutes.
26. Deliver final construction plans and documents in digital format. The final construction plans,
and documents shall be digitally signed and sealed files delivered to the COUNTY on
acceptable electronic media, as determined by the COUNTY.
27. The CONSULTANT shall submit final Computer Aided Drafting and Design (CADD) system
documents and files to the COUNTY, as requested.
28. Comply with the requirements of Title 14 of the Code of Federal Regulations Part 77 (14 CFR
Part 77), and determine if it is necessary to file a Notice of Proposed Construction or Alteration
(FAA Form 7460-1) with the Federal Aviation Administration (FAA).
29. As needed technical assistance for procurement of necessary project related items, such as but
not limited to, Construction Engineering & Inspection (CEI) services, equipment and materials.
The CONSULTANT shall develop all construction documents and perform all necessary design
activities applicable to the project, such as but not limited to:
30. LIGHTING DESIGN: Measure existing light levels. Design lighting system modifications if light
levels are inadequate or if the new equipment requires additional lighting.
31. UTILITY COORDINATION
The CONSULTANT shall identify utility facilities within and adjacent to the project limits
that may be impacted by the project. The CONSULTANT shall conduct meetings as
necessary, and secure agreements, utility work schedules and plans from the Utility Agency
Owners (UAO) ensuring all conflicts that exist between utility facilities and the COUNTY's
construction project are addressed. This may include follow up, interpreting plans and
assisting the UAOs with completion of their work schedules and agreements. May also include
phone calls, face-to-face meetings or any other form of communication needed, to motivate
and ensure the UAO(s) complete and return the required documents in accordance with the
project schedule. The CONSULTANT shall ensure all known conflicts have been resolved,
all utility negotiations have been completed and that arrangements have been made for utility
work to be undertaken.
The CONSULTANT shall coordinate with the electrical utility all activities necessary to
commission the new service connections and decommission the old service connections. FPL
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16Cz40
Load Shed command signal will be incorporated into the design.
32. ELECTRICAL DESIGN
The CONSULTANT shall prepare all electrical construction documents for the project. The
CONSULTANT shall prepare all grounding construction documents for the project.
The CONSULTANT shall conduct all electrical studies and assessments necessary to comply
with all current and applicable codes, regulations, concepts and similar guidance. This shall
include a limited SKM DESIGN power system study encompassing the new switchgear up to
the connection to downstream loads. The DESIGN power system study will be updated as part
of Post -Design services. The power system study shall consist of a short circuit ratings
analysis, a protective coordination study, and an arc flash analysis of all new equipment in the
Electrical Room. The COUNTY will provide the recent SKM base file as a basis for
developing the power system study update.
Replacement of the Main Switchboard for Electrical Service Number One may result in the
need to update the electrical signage/labeling of all equipment fed from Electrical Service
Number One (including existing equipment to remain in service at various locations
throughout the NCWRF). The CONSULTANT shall perform (and/or identify in the
construction documents those to be performed by the contractor) all studies and/or
assessments necessary to update all electrical signage/labeling as required by all current and
applicable codes, regulations, concepts and similar guidance. All information necessary for the
contractor to update the signage/labeling of all effected equipment to current requirements shall
be included in the construction documents.
All power system studies and/or assessments identified by the CONSULTANT as to be
performed by the contractor shall be specified in the construction documents. As applicable,
the construction documents shall designate that these studies and/or assessments require
preliminary submission for review and must receive approval by the CONSULTANT prior to
equipment purchases. In some instances, the contractor shall also be required to submit final
studies and/or assessments for review and must receive approval by the CONSULTANT prior
to purchasing materials, such as but not limited to, arc flash labels for the new and existing
equipment impacted by the replacement of Electrical Service Number One. CONSULTANT
fees for reviewing contractor submittals shall be included under section "B. POST -DESIGN
SERVICES".
All computer -generated electrical study models and documents shall be provided to the
COUNTY, as requested.
Provide design modifications to existing affected electrical loads to facilitate installation.
Provide plans and specifications for auxiliary electrical equipment including switchgear control
panel, distribution panelboards, above -ground cable trays and conduits, and below -ground cable
trays. The switchgear control panel shall be Rockwell PLC -based and include bill -of -materials,
elevations, and schematics, and incorporate switchgear uninterruptible power supplies,
generator annunciators, Operator Interface Terminal (OIT) for switchgear monitoring and
control, networking hardware, and serve as a hard -wired interface to external devices.
Networking protocols will include ethernet/IP, Modbus TCP, and serial communications.
The CONTRACTOR shall apply and pay for the electrical permit.
Page 5 of 9
16 �z
33. DEMOLITION and SALVAGE: The CONTRACTOR shall take possession of all salvaged
equipment.
34. AUTOMATION
As applicable, all new equipment shall be designed to be integrated into the COUNTY's
existing SCADA system. The CONSULTANT shall coordinate with COUNTY staff during
design.
The CONSULTANT shall perform (and/or identify in the construction documents SCADA
services to be performed by the contractor) all necessary and applicable SCADA integration,
software programming and development of/modifications to NCWRF's SCADA screens to
integrate the project into the NCWRF's existing SCADA system.
CONSULTANT fees, if any, for SCADA integration services that can only be completed
during construction shall be included under section " B. POST -DESIGN SERVICES".
35. Deliverables
a. 30% Design: CONSULTANT shall provide 30% design level plans & specifications,
budgetary OPC, and updated project schedule for COUNTY review.
b. 60% Design: CONSULTANT shall provide 60% design level plans & specifications,
budgetary OPC, and updated project schedule for COUNTY review.
c. 90% Design: CONSULTANT shall provide 90% design level plans & specifications,
budgetary OPC, and updated project schedule for COUNTY review.
d. Final Design: CONSULTANT shall provide final design level plans & specifications,
budgetary OPC, and updated project schedule for COUNTY review.
B. POST -DESIGN SERVICES
The CONSULTANT shall provide post -design services as requested by the COUNTY. Post -design
services may include, but are not limited to, bid preparation, bidding assistance, bid evaluation,
contractor recommendation, construction observation/administration/support, meetings, construction
assistance, plans revisions, shop drawing review, survey services, review of power system studies,
SCADA integration services and as -built drawings. Post -Design Services are not intended for
instances of CONSULTANT errors or omissions.
1. Programmable Logic controller (PLC) programming and integration
a. Develop and bench -test PLC logic for interface to the switchgear, generators, and plant
SCADA for the switchgear PLC control panel monitoring and control operations.
2. OIT programming and integration
a. Develop and bench -test OIT screens for the switchgear PLC control panel monitoring and
control operations.
3. SCADA HMI programming and integration
a. Provide HMI screen mock-ups and HMI tag database.
b. Develop and test HMI screens to monitor switchgear and generator status.
Page 6 of 9
16 (:2,w
4. Generator controls upgrade
a. Provide programming and integration to interface with new generator controllers.
b. Incorporate generator annunciators and emergency stop button into the control panel.
5. Bench -Testing
a. Develop and validate programs to minimize time required for field commissioning and
start-up.
6. Pre -order PLC and OIT hardware to develop and validate programs and communications.
a. Network communications
b. Open transition generator transfer and re -transfer control logic
c. Equipment monitoring and control
d. Bench test hardware will be supplied to the control panel fabricator to be utilized on the
project.
7. Prepare contractor qualifications
a. Prepare qualifications for bidders to ensure a qualified pool of contractors.
8. Prepare Schedule of Values
a. Prepare a Schedule of Values to assist with the recommendation of award and help to
ascertain compliance with the intent of the design.
9. Prepare technical bid documents
a. Assist the COUNTY with development of the bid package.
10. Conduct contractor pre -bid meeting
a. Schedule and conduct a pre -bid meeting for interested bidders to review the project.
11. Respond to bidder Request -for -Information (RFI)
a. Review and issue responses to contractor RFI's to clarify design details
12. Assist with RFQ addenda
a. Issue RFQ responses to technical questions related to the bid.
13. Bid tabulation evaluation and recommendation of award
a. Evaluate all bids to determine if the bids are compliant with the plans and specifications.
b. Qualify the bids per the RFQ requirements.
c. Determine the lowest cost qualified bidder.
d. Prepare a recommendation of award memo based on the lowest cost qualified Bidder
14. Solicit proposals for long lead equipment for MDP by the COUNTY
a. Switchgear
b. Generator controller upgrade
15. Shop drawing reviews and approvals
Page 7 of 9
a. Review and approve shop drawings.
16. Construction observation/administration/support activities
a. Conduct (10) site visits during Construction.
17. Factory -Acceptance -Testing (FAT)
a. Schedule and perform witnessed switchgear FAT
b. Schedule and perform witnessed switchgear control panel FAT
18. Commissioning/Startup/Testing
a. Provide integration services for the PLC, OIT, networked and hard -wired control panel
signals
19. Generator Open Transition testing
a. Test the completed switchgear and generator control systems to ensure generator Transfer
and Re -transfer operation per COUNTY requirements.
20. Review and approve invoices and change orders
a. Review and approve monthly pay applications from the Contractor
21. As -Built record drawings and project close-out
a. Incorporate all Contractor and field changes into the final record drawings
b. Final drawings will be provided in ACAD format
22. Develop punchlist of outstanding issues
a. Record outstanding issues and verify resolution
23. Confirm Substantial Completion of project
a. Inspect and verify requirements for meeting Substantial Completion
24. FINAL Power System Study
a. Prepare an update to the DESIGN power system study to create a FINAL power system
study to reflect equipment upgrades not reflected by the initial DESIGN power system
study.
b. Print and affix arc flash labels to new electrical equipment per FINAL SKM power systems
analysis.
25. Operator training
a. Provide operational training
b. Assemble Operations & Maintenance (O&M) manuals
c. Electronic PDF version of the O&M manual, drawings, programs, etc.
Page 8 of 9
C. OPTIONAL SERVICES
The CONSULTANT shall provide "OPTIONAL SERVICES" as requested by the COUNTY. It is
anticipated that all work will be performed within the confines of Electrical Room 41. However, it
may be necessary to provide other design services including, but not limited to:
1. PAVEMENT DESIGN
2. PROTECTION OF EXISTING STRUCTURES
3. EXISTING UTILITY VERIFICATION AND SUBSURFACE UTILITY ENGINEERING (SUE)
4. DRAINAGE DESIGN
5. PERMITS and EASEMENTS
6. STRUCTURES
7. SURVEY and MAPPING SERVICES
8. ARCHITECTURAL SERVICES
9. CIVIL SITE DESIGN
10. MECHANICAL DESIGN
11. HEATING VENTILATION and AIR CONDITIONING (HVAC) DESIGN
12. LIFE SAFETY DESIGN
13. LIGHTNING PROTECTION DESIGN
14. LANDSCAPE and IRRIGATION DESIGN
15. GEOTECHNICAL SERVICES
16. DUCTBANKS DESIGN
OPTIONAL SERVICES will be performed on a T&M basis.
Page 9 of 9
16 C2
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
e and
Tim77
Materials," "
Not-TQ-Exceed
A.35
Design Services
$
$
A.35.a
30% Design
$ 92,515
$
A.35.b
60% Design
$ 46,260
$
A.35.c
90% Design
$ 27,755
$
A.35.d
Final Design
$ 18,500
$
B
Post -Design Services
$
$220,150
C
Optional Services
$
$ 25,000
Page 18 of 30
PSA_CCNA Single Project Agreement [2022_vet;41-
i 2.s
Total Lump Sum Fee
$ 185,030
Total Time and Materials Fee
$245,150
$430,180
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.
Page 19 of 30
PSA_CCNA Single Project Agreement [2022_ver. l ]
16 nn z .�
B.2.3. ❑M * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to 156
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
6.3.1. 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.I
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
Page 21 of 30
PSA_CCNA Single Project Agreement [2022_ver.1 ]
SCHEDULE B — ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Hourly Rate
Sr. Pro'ect Manager
$210
Sr. Electrical Engineer
$150
Designer
110
Clerical/Admin
$80
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
PSA_CCNA Single Project Agreement [2022_ver. I ]
SCHEDULE C
PROJECT MILESTONE SCHEDULE
16 C 2 0 a
Number of Calendar Days
Task/item For Completionof Task
Description from Date of Notice to
Proceed°
A.35.a-d Design Services 230
B Post Design Services 850
C Optional Services TBD
Page 23 of 30
PSA_CCNA Single Project Agreement [2022_ver.I]
16 C2
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. I I
16 C200
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. ❑■ 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
$ 500,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be so
endorsed.
11. ❑ '
D eRGe
4-2- ❑
the weFk. GeyeFage shall have minimum limits ef $ PeF Glaim/GeeUffenee.
13. ❑■ 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.
Page 25 of 30
PSA_CCNA Single Project Agreement [2022_ver.II
116 f' P
14. Collier County Board of County Commissioners shall be listed as the Certificate Holder an
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.
.,
- - - MON. lmi N---:
--
POW—
__ 0-: ` __
17. Al BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits
of $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non -The ownership.
20. i ieeQori 1 n LIABILITY-.
ITv,
limit due te the the IJFAbFelia
"dFep
dewn" te
undedyiRg payment of elaims, peluey
+AGHFanee.
will
apply as PFiFAaFy
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 $ 2,000,000 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.I]
16 C2
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. l
�6.
SCHEDULE E (:z
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
"-North County Water Reclamation Facility — Electrical Services Number One Upgrade"
$$project" is
accurate, complete and current as of the time of contracting.
TI LE: PRcs/yc�T
DATE: /3 S6:P 20 Z Z
Page 28 of 30
PSA_CCNA Single Project Agreement [2022_ver.I ]
SCHEDULE
KEY PERSONNEL
16 OR:
Name Personnel Category Percentage of
Time
Wayne Wright, PE. Sr. Project Manager 77
Zachary Merena PE. Sr. Electrical Engineer 18
John Cresci Designer 3
Lisa Baughman Clerical/Admin 2
I I Total 1 100 1
Page 29 of 30
PSA_CCNA Single Project Agreement [2022_ver.I ]
16 CZ
Other:
SCHEDULE G
(Description)
❑ following this page (pages through )
■❑ this schedule is not applicable
Page 30 of 30
PSA_CCNA Single Project Agreement [2022_ver.I]
16 Cz
1 ®
A6 o CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
9/16/2022
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 POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Insurance Management Consultancy Group, Inc.
7780 Cambridge Manor Place, Suite B
Fort Myers FL 33907
License#: L109313
cAEAnna Evans
NAMME::
PH° N 239-990-2100 FAXNo :239-990-2410
E-MAIL
ADDRESS: Info imcccm.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Continental Insurance Company
35289
INSURED JOHNENG-01
Johnson Engineering, Inc.
2122 Johnson St.
Fort Myers FL 33901
INSURER B: American Casualty Company of Reading,
20427
INSURER C: Continental Casualty Company
20443
INSURER D : Valley Fore
20508
INSURER E :
INSURER F :
RF\/ICInM tJIIMRFR-
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TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THIS IS
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN RI
TR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DDIYYYY
LIMITS
B
X
COMMERCIAL GENERAL LIABILITY
Y
4027219232
9/15/2022
9/15/2023
EACH OCCURRENCE
-RENTE
$1,000,000
CLAIMS -MADE FX1 OCCUR
DAMAGE TO
PREMISES (Ea occur ence)
$ 100,000
MED EXP (Any one person)
$ 15,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS -COMP/OP AGG
$ 2,000,000
POLICYFX] jE O LOC
C
OTHER:
AUTOMOBILE LIABILITY
Y
5084100207
9/15/2022
9/15/2023
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
BODILY INJURY (Per person)
$
ANY AUTO
BODILY INJURY (Per accident)
$
OWNED SCHEDULED
AUTOS ONLY AUTOS
IX HIRED X NON -OWNED
PROPERTY DAMAGE
Per accident
$
X AUTOS ONLY AUTOS ONLY
A
X
UMBRELLALIAB
X
OCCUR
CUE4034928401
9/15/2022
9/15/2023
EACH OCCURRENCE
$5,000,000
AGGREGATE
$ 5,000,000
EXCESS LIAB
CLAIMS -MADE
DED X RETENTION $ inonn
X ER _
$
p
WORKERS COMPENSATION
7034452561
9/24/2022
9/24/2023
STATUTE ERH
E.L. EACH ACCIDENT
$ 1,000,000
AND EMPLOYERS' LIABILITY Y I N
ANYPROPRIETOR/PARTNER/EXECUTIVE N
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
OFFICER/MEMBEREXCLUDED?
N/A
(Mandatory in NH)
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
1,000,000
C
Cyber Liability
596721465
9/15/2022
9/15/2023
Aggregate Limit
I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
DESCRIPTION OF OPERATIONS
PROJECT: 22-7952 - North County Water Facility - Electrical Services Number One Upgrade Project
Collier County Board of County Commissioners is listed as additional insured with respect to general liability on a primary and noncontributory basis, as per
endorsement CNA75079XX, as required in a written contract and additional insured on the auto liability as per endorsement CA2048 10-13, as required in a
written contract. 30 days notice of cancellation applies except 10 days for nonpayment.
CERTIFICATh HULUtFi
Collier County Board of County Commissioners
3295 Tamiami Trail East, Bldg. C-2
Naples FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
nn�c wrnon rnoono ATlntJ All rinhtc rPCPrvP-rI_
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
16 C?JOHNENG-01 ASOSTENU O
. Ilft� O° CERTIFICATE OF LIABILITY INSURANCE
DATDIYYYY)
9113/213/2022
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 POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
JCJ Insurance Agency, LLC
2208 Hillcrest Street
Orlando, FL 32803
CONTACT
NAME:
PHONE FAX
(A/C, No, Ext): (321) 445-1117 (A/C, No): (321) 445-1076
E-MAIL certs@jcj-insurance.com
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A: Berkley Insurance Company
32603
INSURED
INSURER B :
INSURER C:
Johnson Engineering, Inc.
INSURER D :
2122 Johnson St
Fort Myers, FL 33901
INSURER E
INSURER F :
CAVFRArFS CFRTIFICATF NIIMRFR- RFVI.ginN NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
M DD
POLICY EXP
M DD
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
CLAIMS -MADE ❑ OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrent
$
MED EXP (Any oneperson)
$
PERSONAL & ADV INJURY
$
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE
$
POLICY ❑PRO-
JECT ❑ LOC
PRODUCTS - COMP/OP AGG
$
$
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accid nt
$
BODILY INJURY Perperson)
$
ANY AUTO
BODILY INJURY Per accident
$
OWNED SCHEDULED
AUTOS ONLY AUTOS
PeOraca en DAMAGE
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
YIN
SP TATUTEER OTH-
ER
ANY ECUTIVE
E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? ❑
NIA
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Professional Liab
AEC-9058825-07
9/15/2022
9/15/2023
Per Claim/Aggregate
2,000,600
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: North County Water Reclamation Facility - Electrical Servces Number One Upgrade Project
Contract # 22-7952
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Y Y ACCORDANCE WITH THE POLICY PROVISIONS.
3299 Tamiami Trail East, #303
Naples, FL 34112-5746
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD