Agenda 08/08/2023 Item #16C1 (Old Lely Utilities Improvements project - $1,272,246.06)16.C.1
08/08/2023
EXECUTIVE SUMMARY
Recommendation to increase Purchase Order No. 4500216574 issued to Johnson Engineering, Inc., in the
amount of $1,272,246.06 for the "Old Lely Utilities Improvements" project, Task 2 plus full Public
Involvement for all design phases under Agreement No. 21-7881, which amount is within the Board's
previously approved not to exceed contract amount and authorize the necessary Budget Amendments.
(Project 60224)
OBJECTIVE: To provide engineering services to renew aging water, wastewater, irrigation quality water and
stormwater assets in the Old Lely neighborhood.
CONSIDERATION: The proposed scope of work under Project Number 60224 "Lely Golf Estates," is consistent
with the FY 2023 Budget approved by the Board on September 22, 2022 and with the Stormwater Five-year Work
Program of the 2022 Stormwater Management Annual Update Inventory Review (AUIR) / Capital Improvement
Element (CIE) approved by the Board on December 13, 2022, and with the goals, objectives and policies of the
Conservation and Coastal Management Element and the Stormwater Management Sub -Element of the Growth
Management Plan.
On January 11, 2022 (Agenda Item ILA), the Board awarded Agreement No. 21-7881 (the "Agreement") to
Johnson Engineering, Inc. for the "Old Lely Utility Improvements" projects, and authorized staff to issue an initial
purchase order in the amount of $5,152,020 to complete Task 1 "Preliminary Engineering Design" and
Reimbursable Expenses. That work included the review and collection of field data to develop a Preliminary
Engineering Report, phasing construction map, 30% preliminary plans and Public Involvement services during the
preliminary engineering design for the entire Old Lely neighborhood. The construction phase map divides the
neighborhood into nine construction phases. (See Attachment, Project Phasing Map). That phasing map will be the
basis of the final design.
The Agreement includes a predetermined not to exceed engineering cost for the subsequent performance of Task 2
in the amount of $4,570,111.00, and staff's recommendation in the Executive Summary previously approved by the
Board at its January 11, 2022 meeting, expressly provided that staff needed to return to the Board for approval to
increase the Purchase Order when subsequent task(s) were ready to proceed under the Agreement; notwithstanding
the fact that the amount currently sought remains below the Board's approved amount. Task 2 includes the final
design, permitting, bidding and public involvement services within the Old Lely neighborhood.
On July 12, 2023, the Engineer of Record, Johnson Engineering, Inc., (the "EOR"), provided a proposal (See
Attachment, Proposal) to perform Task 2 to include final design, permitting, bidding for Phases 7 through 9 and
public involvement during design for the entire Old Lely neighborhood. The cost to complete these services is
$1,272,246.06. The remaining future cost to complete Task 2 in Phases 1 through 6 will not exceed $3,297,864.94,
this additional cost will keep the total expenditure within the not to exceed amount under the Board approved
Agreement.
As with this request, the completion of Task 2 for Phases 1 thru 6, less the Public Involvement during design and
approval to perform Task 3, will require future Board approvals and purchase order modifications. The table below
shows the status of each task:
Task
Engineering Task
Description
January 11, 2022, 11. A
This Agenda Item
Future Agenda Item
1
Preliminary Engineering
$4,852,020.00
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16.C.1
08/08/2023
2
Design Phases 7 - 9
$1,272,246.06
(plus full Public
Involvement)
Design Phases 1 - 6
$3,297,864.94
(less Public
Involvement)
3
Post Design -
$6,186,702.00
Consultation Services
During Construction
Reimbursable
$300,000.00
Sub -Totals
$5,152,020.00
$1,272,246.06
$9,484,566.94
Agreement Total
$15,908,833.00
FISCAL IMPACT: Budget amendments are needed to move funding within the Stormwater Bond Fund 3052
($458,008.58), Water Capital Fund 4012 ($18,000.00) and Wastewater Capital Fund 4014 ($333,059.81) to project
number 60224. The table below shows the allocated funding source breakdown between Funds 3052, 4012, and
4014 in the total amount of $1,272,246.06 to support Task 2 for final design, permitting, bidding for Phases 7
through 9 and public involvement during design for the entire Old Lely neighborhood:
FUNDING SOURCE
AMOUNT
Stormwater Bond Fund (3052)
$458,008.58
Water Capital Fund (4012)
$267,171.67
Wastewater Capital Fund (4014)
$547,065.81
Total
$1,272,246.06
The following budget amendments are being requested for this project:
FUNDING SOURCE
AMOUNT
Stormwater Bond Fund (3052)
$458,008.58
Water Capital Fund (4012)
$18,000.00
Wastewater Capital Fund (4014)
$333,059.81
Total
$809,068.39
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to
ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. -SRT
RECOMMENDATION: Recommendation to increase Purchase Order No 4500216574 issued to Johnson
Engineering, Inc., in the amount of $1,272,246.06, for the "Old Lely Utilities Improvements", Task 2 Phases 7 - 9
and Public Involvement during entire design of Agreement No. 21-7881, and authorize the necessary Budget
Amendments. (Project 60224)
Prepared By: Liz Gosselin, Project Manager II, Public Utilities Engineering and Project Management Division
ATTACHMENT(S)
1. Project Phasing Map - Overall Old Lely (PDF)
2.2023-07-12 - Proposal (Old Lely PUR Phase 7-9) (PDF)
3. {Linked} 21-7881JohnsonEngineering_Contract 20220920133547.667_X (PDF)
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16.C.1
08/08/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doe ID: 26124
Item Summary: Recommendation to increase Purchase Order No. 4500216574 issued to Johnson Engineering,
Inc., in the amount of $1,272,246.06 for the "Old Lely Utilities Improvements" project, Task 2 plus full Public
Involvement for all design phases under Agreement No. 21-7881, which amount is within the Board's previously
approved not to exceed contract amount, and authorize the necessary Budget Amendments. (Project 60224)
Meeting Date: 08/08/2023
Prepared by:
Title: — Engineering and Project Management
Name: Benjamin Bullert
07/13/2023 5:14 PM
Submitted by:
Title: Director — Engineering and Project Management
Name: Matthew McLean
07/13/2023 5:14 PM
Approved By:
Review:
Public Utilities Operations Support
Joseph Bellone
Additional Reviewer
Completed
07/14/2023 9:38 AM
Procurement Services
Ana Reynoso
Level 1 Purchasing Gatekeeper
Completed
07/14/2023 1:12 PM
Growth Management Community Development
Department Lisa Taylor
Additional Reviewer
Completed
07/18/2023 5:44 AM
Wastewater
Robert Von Holle
Additional Reviewer
Completed
07/18/2023 9:13 AM
Wastewater
Steve Nagy
Additional Reviewer
Completed
07/18/2023 9:25 AM
Engineering and Project Management
Shon Fandrich
Additional Reviewer
Completed
07/18/2023 9:53 AM
Water
Howard Brogdon
Additional Reviewer
Completed
07/18/2023 11:04 AM
Water
Pamela Libby
Additional Reviewer
Completed
07/18/2023 12:06 PM
Capital Project Planning, Impact Fees,
and Program Management Beth Johnssen
Additional Reviewer
Completed
07/19/2023
10:55 AM
Capital Project Planning, Impact Fees,
and Program Management Daniel Roman
Additional Reviewer
Completed
07/19/2023
11:27 AM
Public Utilities Operations Support
Katrina Lin
Additional Reviewer
Completed
07/19/2023 12:46 PM
Public Utilities Department
Andrew Youngblood Level 1 Division Reviewer
Completed
07/19/2023 4:45 PM
Procurement Services
Sue Zimmerman
Additional Reviewer
Completed
07/21/2023 12:44 AM
Engineering and Project Management
Matthew McLean
Additional Reviewer
Completed
07/21/2023 8:56 AM
Procurement Services
Sandra Herrera
Procurement Director Review
Completed
07/26/2023 8:48 AM
Public Utilities Department
George Yilmaz
Level 2 Division Administrator Review
Completed
07/28/2023 11:59 AM
County Attorney's Office
Scott Teach
Level 2 Attorney Review
Completed
07/28/2023 2:07 PM
Packet Pg. 392
16.C.1
08/08/2023
Office of Management and Budget
Blanca Aquino Luque Level 3 OMB Gatekeeper Review
Completed 07/28/2023 2:50 PM
Office of Management and Budget
Christopher Johnson Additional Reviewer
Completed 07/31/2023 8:13 AM
Community & Human Services
Maggie Lopez Additional Reviewer
Completed 07/31/2023 1:56 PM
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed 07/31/2023 4:10 PM
Corporate Compliance and Continuous Improvement Megan Gaillard
Additional Reviewer Skipped
08/01/2023 10:09 AM
County Manager's Office
Dan Rodriguez Level 4 County Manager Review
Completed 08/01/2023 2:08 PM
Board of County Commissioners
Geoffrey Willig Meeting Pending
08/08/2023 9:00 AM
Packet Pg. 393
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16.C.1.b
E N G I N E E R I N G
Ms. Liz Gosselin
Engineering and Project Management Department
3339 Tamiami Trail East, Suite 303
Naples, FL 34112
RE: Proposal to Provide Professional Engineering Services for Old Lely Utilities
Improvements for Phases 7,8, and 9; Collier County Contract No. 21-7881
Dear Ms. Gosselin:
Please accept this letter as our proposal to provide professional engineering services to assist the
County with the design (Task 2.1), permitting (Task 2.2), and bidding services (Task 2.3) for
Old Lely Utilities Improvements Phases 7, 8, and 9 (Phases 7-9), and with public involvement
throughout the design process for all nine Phases (Task 2.4).
Figure 1: General Project Area
COLLIER COUNTY
Old Lely Utilities Improvements Phases 7-9 Page 1 of 8
July 12, 2023
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16.C.1.b
INTRODUCTION
The Engineering and Project Management Division (EPMD) of the Public Utilities Department
(PUD) has program areas funded annually for the evaluation and upgrading of the Water, Irrigation
Quality (IQ) Water, and Wastewater Systems. Because of the age and condition of the Public
Utilities infrastructure in the Old Lely neighborhood, a program has been established to
systematically replace existing aging water and wastewater systems and to potentially add
additional wastewater and IQ water piping. To minimize construction related impacts to the
neighborhood, potable water, wastewater, irrigation quality water, stormwater management
infrastructure, and sidewalks construction will be performed concurrently. The Stormwater
Management (SWM) and Transportation Planning sections of the Growth Management
Department (GMD) join with PUD infrastructure renewal projects to deliver a
complete infrastructure replacement project. The Old Lely system improvements for Phases 7-9
are generally comprised of the following infrastructure:
• 2.7 miles of roadway
• 14,400 linear feet of gravity sewer
• 16,900 linear feet of water main
• 2 wastewater pump station installations or replacements
• 2 wastewater pump station removals
• 11,400 linear feet of wastewater force main
• 5,200 linear feet of IQ main
COLLIER COUNTY
Old Lely Utilities Improvements Phases 7-9 Page 2 of 8 July 12, 2023
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16.C.1.b
DETAILED SCOPE OF WORK
GMD and PUD is contracting with Johnson Engineering to design and permit infrastructure
improvements for the Old Lely neighborhood located between Rattlesnake Hammock Road to the
north, US-41 to the west, Rattlesnake -Hammock Slough to the east, and the Naples Manor North
Canal to the south.
The Consultant will provide design project management consisting of, but not be limited to, the
following:
a. Attend progress meetings with PUD and GMD staff as needed
b. Attend public informational meetings with PUD and GMD staff as needed
c. Graphics/exhibit and PowerPoint presentation preparation
d. Progress meeting assistance
e. Public meeting assistance
f. Project management assistance
g. Project management plan preparation
h. Public Relations assistance
i. Infrastructure design
j. Permitting Assistance
k. Bid package preparation per phase
Design Progress Meetings Attendance: Design meetings with PUD and GMD representatives
will be conducted, as requested by the Project Manager, throughout the program to keep staff
informed of the project progress, to make certain that the Engineer is productively conducting
its consulting services and to obtain input and direction as required for outstanding project
issues. A firm day and time will be established for all progress meetings. Meeting objectives
will be to provide progress updates and reach decisions on pertinent issues relative to the specific
topics being addressed.
The Engineer of Record (EOR) will prepare and distribute agendas and minutes for each meeting
incorporating agenda items and meeting minute corrections provided by PUD and GMD staff.
Agendas will be submitted to the project delivery team at least two days prior to the meeting.
Draft minutes will be submitted to the team no more than two working days following each
meeting; Collier County staff will provide comments no more than two working days after
receipt of draft minutes. Comments from the Project team will be incorporated, and the minutes
will be revised and redistributed.
COLLIER COUNTY
Old Lely Utilities Improvements Phases 7-9 Page 3 of 8 July 12, 2023
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16.C.1.b
TASK 2.0: DESIGN
Task 2.1 - Final Design for Phases 7-9 (60%, 90% & 100% Submissions)
a. On the basis of the accepted Preliminary Engineering Report, Phasing Plan, and 30%
Construction Plans, the FOR will prepare final drawings and specifications for Phases 7-
9, which provide the general scope, construction details, and limits of construction work
for the Contractor. The Consultant will prepare and submit drawings and specifications at
the 60-, 90- and 100-percent complete stages for review and approval. An engineer's
opinion of construction cost will accompany each submittal. The FOR shall meet with the
PUD's design and operations staff and the GMD's stormwater and transportation planning
staff at each stage, prepare a Comment Tracking Log and obtain their written acceptance
(signature approval) of the work completed to date.
b. The Technical Specifications will be based on the 16-Division format of the Construction
Specifications Institute (CSI) in MS Word format. In addition to the Technical
Specifications, The FOR will coordinate with PUD and GMD staff to develop/modify the
General Conditions, the Supplemental Conditions, and the Special Provisions
Specifications. Application of all lessons learned of similar completed projects will be
considered. The Standard Collier County Specifications may be used for reference, but the
Engineer shall not rely on them as a replacement for sound engineering judgment and
responsibility. The Stormwater Management specifications shall be in accordance with
current Collier County specifications, including current County Right -of -Way
Construction Specifications. The bid Documents shall include drawings and project
specifications ready for construction, consistent with Collier County standards, including,
but not limited to, the following or as approved by the Project Manager:
• Cover sheet, index, and key map.
• Civil Site Plan including fencing and landscaping.
• Existing Conditions map
• Civil Details
• Demolition Plan
• Infrastructure Plan and Profile
• Details
• Operational Contingency Plans
c. The FOR shall furnish PUD/GMD staff copies of Contract Documents that include
engineering drawings and specifications. Present and review them in person at the agreed
upon completion stages and make requested changes.
d. The FOR shall perform Quality Control/Quality Assurance (QC/QA) prior to submission
of each design submittal (60-, 90-, and 100 percent), including all reports, design
documents (drawings and specifications), technical calculations, constructability analyses,
conformance with engineering standards, list of conflicts with existing and/or proposed
facilities. A Registered Professional Engineer in the State of Florida from EOR's
subconsultant's firm will perform the QC/QA for Consultant's designs and reports.
e. The FOR shall assist EPMD and GMD in the application process for grants, if applicable.
Task 2.1 Deliverables: 60%, 9001o, and 100% Construction Plans, Technical Specifications
Package, Contract Documents Package and QA/QC report.
COLLIER COUNTY
Old Lely Utilities Improvements Phases 7-9 Page 4 of 8 July 12, 2023
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16.C.1.b
Task 2.2 — Permitting for Phases 7-9
a. The FOR shall prepare applications for all GMD's Right -of -Way permits, Insubstantial
Change to a Site Improvement Plan when required from Collier County GMD and respond
to requests for additional information. Permitting fees will be paid by EPMD.
b. The FOR shall prepare a permit application for submittal to the Florida Department of
Environmental Protection (FDEP) and provide applicable backup documentation including
drawings and specifications, and respond to all Request for Additional Information (RAI)
from FDEP. Permitting fees will be paid by the FOR team and reimbursed by EPMD.
c. The FOR shall prepare the South Florida Water Management District (SFWMD)
Individual permit and dewatering permit (less than 1 year). (Optional, depending on
construction scheduling).
d. Offsite discharge of produced groundwater requires submittal of a Notice of Intent (NOI)
through the FDEP NPDES program. The NOI that will be signed by the Owner/Applicant
requires certification that contaminants are not present in groundwater. The application
letter will include the dewatering plan details, temporary storage/treatment of dewatering
effluent for turbidity, the location of offsite discharge points and a review of potential
contaminated sites from FDEP database. FDEP offsite discharge permits have a duration
of 5 years. The FOR shall prepare the of Notice of Intent (NOI) to use the Generic Permit
for Discharge of Ground Water.
e. Master Dewatering Permit: The FOR will prepare an application for a Mater Dewatering
Permit through the SFWMD, for all phases of construction. The application will request a
permit duration of 10 years. The FOR will assist with requesting offsite discharge
authorization, if necessary. The FOR will prepare up to 8 Master Dewatering Permit
updates with site specific dewatering plans, and engineering drawings depicting
dewatering effluent routing, discharge points, turbidity control measures, etc. for specific
phases of the project prior to construction.
f. The FOR shall ensure that all documents required to apply for the permit are complete
prior to submission to the oversight agency to minimize the time to obtain approvals.
g. The FOR shall prepare a Permit Tracking Log to track all permits for the project and ensure
that all permits are current and renewed in a timely manner.
Task 2.2 Deliverables: Permit Applications, Permit Tracking Log.
COLLIER COUNTY
Old Lely Utilities Improvements Phases 7-9 Page 5 of 8 July 12, 2023
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16.C.1.b
Task 2.3 - Bidding and Awarding Phases 7-9
With the exception of the following, bid/quote services will be performed by the Collier County
Procurement Department. FOR will assist the County with the services listed below for up to ten
(10) separate bids.
a. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding
Documents.
b. Advise the County as to the acceptability of the contractor and subcontractors, suppliers
and other persons and organizations proposed by the Prime Contractor for those portions
of the work requiring such acceptability by the Bid Documents.
c. Consult with the County concerning, and determine the acceptability of, substitute material
and equipment proposed by the Contractor when substitution prior to the award of contracts
is allowed by the Bid Documents.
d. Attend pre-bid/quote conferences.
e. Attend bid openings, review bids and qualifications.
f. Perform a Bid Analysis and provide a letter of recommendation for award along with a
"Reference Log" showing date, time, and comments of all contacted references provided
by the prospective contractor.
Task 2.3 Deliverables: Bid Addenda, Bid Analysis, Letter of Recommendation for Award,
Reference Log.
Task 2.4 - Public Involvement #2
The FOR and its subconsultant(s) shall complete all required public involvement services
throughout the design phase. Work under this item is to include, but not be limited to, the
following:
a. Update the comprehensive mailing list with all property owners and their tenants who will
be affected by construction as shown on the most current set of construction drawings.
b. Prepare the informational newsletter(s) which describes the project and addresses
frequently asked questions.
c. Notify the public through Press releases as necessary.
d. Establish and maintain a public "Hotline." Coordinate with PUD staff as required.
e. Maintain the Project Customer Service Log using the PUD provided template. a
COLLIER COUNTY
Old Lely Utilities Improvements Phases 7-9 Page 6 of 8 July 12, 2023
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16.C.1.b
f. Respond and record public concerns and requests.
g. Attend design progress meetings, as needed, for the duration of the design.
h. Secure site, develop public meeting invite(s), prepare legal advertisement(s), develop
meeting materials, and attend, and organize set up/cleanup for the design public meeting(s).
The meetings will be a hybrid of in -person with a virtual video conference attendance
option.
i. Update and maintain a website page for project as needed.
EOR, PIO, and EOR's Landscape Architect and Arborist will attend meetings with the
residents and stakeholders to discuss their concerns and address landscape replacement and
renovations.
k. Prepare conceptual photo rendering exhibits of specific pump station locations showing the
anticipated layout and visual concept of the sites to present to stakeholders. Prepare up to
twenty (20) conceptual 24"x36" site plans/exhibits. Exhibits shall be used for meetings
with the Old Lely Phase 7-9 stake holders to convey the intent of the project.
Task 2.4 Deliverables: Mailing List, Press Release, Newsletter, Hotline and Email Inbox, Website
Page, Photo Rendering.
END DETAILED SCOPE OF WORK
COLLIER COUNTY
Old Lely Utilities Improvements Phases 7-9 Page 7 of 8 July 12, 2023
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16.C.1.b
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
Time and Materials
Not -To -Exceed
2.0
DESIGN SERVICES
2.1
Final Design (60%, 90% & 100% Submissions) for
$901,094.70
Phases 7-9
2.2
Permitting for Phases 7-9
$82,602.43
2.3
Bidding and Award for Phases 7-9
$71,296.93
2.4
Public Involvement (Sub -Consultant & Prime) for all
$217,252.00
nine Phases
GRAND TOTAL FEE
$11272,246.06
COLLIER COUNTY
Old Lely Utilities Improvements Phases 7-9 Page 8 of 8 July 12, 2023
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PROFESSIONAL SERVICES AGREEMENT
Contract # 21-7881
for
Design Services for Old Lely Utilities Improvements
THIS AGREEMENT is made and entered into this day of 3anuctry , 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 Design Services for Old Lely Utilities Improvements
hereinafter referred to as the "Project"),
said services in accordance with the provisions of Section 287.055, Florida Statutes being more
fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated
herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project
to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B,
Basis of Compensation", which is attached hereto and incorporated herein.
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PSA_CCNA Single Project Agreement_Ver.4
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.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
1.5. CONSULTANT designates Michael Dickey, PE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
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PSA_CCNA Single Project Agreement_Ver.4
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally
terminate this Agreement immediately.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTYS approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
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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.
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
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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.
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
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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;
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
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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.
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.
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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. Graf4-F- ndccd: The hourly rates as set forth and ides e
B, which is attached hereto, arc for purposes of providing estimate(s), as required by the grantor
ageProf.-
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement("Project Documents"). The COUNTY shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this
Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this
license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project
Documents to complete the Project following CONSULTANT's termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges the COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement
or (b) the date the Project is completed, whichever is later, or such later date as may be required
by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall,
free of charge, have the right to audit, inspect and copy all such records and documentation as
often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
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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.
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.
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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 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
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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 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
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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 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
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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
Captial Project Planning, Impact Fees, and Program
Division Name: Management
Division Director: Trinity Scott, Deputy Department Head
Address: 2685 Horseshoe Drive S
Naples, Florida 34104
Administrative Agent/PM: Liz Gosselin, Senior Project Manager
Telephone:239) 252-5867
E-Mail(s): Liz.Gosselin@colliercountyfl.gov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Johnson Engineering, Inc.
Address: 2122 Johnson Street
Fort Myers, Florida 33902
Attention Name & Title: Michael Dickey
Telephone:239) 334-0046 / (239) 334-3661
E-Mail(s): Mdickey@johnsoneng.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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PSA_CCNA Single Project Agreement_Ver.4
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: N/A
Solicitation # 21-7881 including all Attachment(s), Exhibit(s) &Addendum
Consultant's Proposal
17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY's
Board approved Executive Summary, the terms of the Agreement shall take precedence over the
Page 14 of 32
PSA_CCNA Single Project Agreement_Ver.4
terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions
shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the CONSULTANT at the COUNTY's discretion.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT
shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13
and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list."
Page 15 of 32
PSA_CCNA Single Project Agreement_Ver.4
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.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is
formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by
the CONSULTANT to comply with the laws referenced herein shall constitute a breach of
this agreement and the COUNTY shall have the discretion to unilaterally terminate this
Agreement immediately.
Page 16 of 32
PSA CCNA Single Project Agreement_Ver.4
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of Courts &
Comptroller
By: By:
Date' William L. McDaniel, Jr., Chairman
Attest as to Ch Irmanrs
signature only.
Appro : as to Form and Legality:
04:k
County Attorney
SCJL V\ k ti
Name
Consultant:
Consultant's Witnesses:
Johnson Engineering, Inc.
By: riktfivi 9/(4
Wit ss Vka-1 Au>`1Gt, PRQJ cT HA lLq Gleek I C-e ' I r eS142111
Name and Title Name and Title
Witne s
R tic Ho V,4AD,E,u(r,vt K
Name and Title
Page 17 of 32
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULE A
SCOPE OF SERVICES
following this page (pages
1
through
19 )
Page 18 of 32
PSA_CCNA Single Project Agreement_Ver.4
Request for Professional Services (RPS)
Design Services for Old Lely Utilities Improvemen#
21-7881ts"
SCHEDULE A
SCOPE OF SERVICES
INTRODUCTION
The Engineering and Project Management Division (EPMD) of the Public Utilities Department
PUD)has program areas funded annually for the evaluation and upgrading of the Water,Irrigation
Quality (IQ) Water, and Wastewater Systems. Because of the age and condition of the Public
Utilities infrastructure in Old Lely neighborhood,a program has been established to systematically
replace existing aging water and wastewater systems and the potential of adding additional
wastewater and IQ water piping. To minimize construction related impacts to the neighborhood,
potable water, wastewater, irrigation quality water, stormwater management infrastructure, and
sidewalks will be performed concurrently. The Stormwater Management (SWM) and
Transportation Planning sections of the Growth Management Department (GMD)join with PUD
infrastructure renewal projects to deliver a complete infrastructure replacement project. The Old
Lely system is generally comprised of the following infrastructure:
10 miles of roadway
52,000 linear feet of gravity sewer
71,000 linear feet of water main
17 wastewater pump stations
51,000 linear feet of wastewater force main
7,400 linear feet of irrigation quality water main
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Page 1 of 19
Schedule A—Scope of Services
Request for Professional Services (RPS) #21-7881
Design Services for Old Lely Utilities Improvements"
DETAILED SCOPE OF WORK
GMD and PUD is contracting with Consultant to develop and implement infrastructure
improvements in the Old Lely neighborhood located between Rattlesnake Hammock Road to the
north, US-41 to the west, Rattlesnake-Hammock Slough to the east, and the Naples Manor North
Canal to the south. This contract is anticipated to required 11 years to complete.
The Consultant will provide design project management consisting of, but not be limited to, the
following:
a. Attend progress meetings with PUD and GMD staff as needed
b. Attend public informational meetings with PUD and GMD staff as needed
c. Graphics/exhibit and PowerPoint presentation preparation
d. Project phasing for Construction
e. Progress meeting assistance
f. Public meeting assistance
g. Project management assistance
h. Project management plan preparation
i. Public Relations assistance
j. Infrastructure Modeling
k. Infrastructure preliminary design
1. Infrastructure design
m. Subsurface investigations of underground utilities
n. Geotechnical surveys
o. Land surveying
p. Permitting
q. Bid package per phase
Attend Project Design Progress Meetings: Design meetings with PUD and GMD representatives
will be conducted, as requested by the Project Manager, throughout the program to keep staff
informed of the project progress, to make certain that the Engineer is productively conducting
its consulting services and to obtain input and direction as required for outstanding project
issues. A firmed day and time will be established for all progress meetings. Meeting objectives
will be to provide progress updates and, reach decisions on pertinent issues relative to the
specific topics being addressed.
The CONSULTANT will prepare and distribute agendas and minutes for each meeting
incorporating agenda items and meeting minute corrections provided by PUD and GMD staff.
Agendas will be submitted to the project delivery team at least two days prior to the meeting.
Draft minutes will be submitted to the team no more than two working days following each
meeting; staff will provide comments no more than two working days after receipt of draft
minutes. Comments from the Project team will be incorporated, and the minutes will be revised
and redistributed.
Page 2 of 19
Schedule A—Scope of Services
CA(
Request for Professional Services (RPS) #21-7881
Design Services for Old Lely Utilities Improvements"
TASK 1.0: PRELIMINARY ENGINEERING DESIGN
Task 1.1 —Project Start-up
a. Initial Kick-Off Meeting — The CONSULTANT will organize an initial kick-off
meeting with PUDand GMD staff to review the project scope, project objectives/goals,
project standards and project schedule for completing the work, this effort should also
include the reviewof fund available sources. The CONSULTANT team shall prepare a
project agenda and written meeting minutes summarizing the discussion and project
action plan.
b. Utility Master Plans — The CONSULTANT team will review the CCWSD's utility
master plans prior to the kick-off meeting to determine if any master plan work is
required in or around the project area.
c. Initial Project Timeline — CONSULTANT team will prepare an initial project timeline
and submit to PUD and GMD staff at the Initial Kick-Off Meeting. The
CONSULTANT team shall update the schedule throughout the duration of the project
and shall provide a copy of the updated schedule to PUD and GMD staff at their
request. The CONSULTANT team will inform the Project Manager if delays are
anticipated and advise what action is needed to conform to the project timeline.
Task 1.1 Deliverables: Kickoff Meeting Agenda, Meeting Minutes, Initial Project Schedule
Task 1.2—Preliminary Engineering Report/Hydraulic Analysis
a. Gather and review record drawings of existing utilities including all stormwater
components, existing sidewalks and driveways along the project corridor.
b. Prepare a hydraulic model by developing a pipe and node schematic of the proposed
water main system based on the selected preliminary layout. Modeling program shall be
InfoWater or compatible.
c. Prepare a hydraulic model by developing a pipe and node schematic of the proposed
force main system based on the selected preliminary layout. Model will include the force
main network connecting multiple pump stations including all pump stations within the
Old Lely project area. Modeling program shall be InfoWater or compatible.
d. Assist PUD staff with collecting and providing historical operating data as needed. The
data to be collected and reviewed shall include:
Recent pump down test performed on stations
Existing valve conditions for Water and Wastewater infrastructure
Elapsed time meter data collected from Operations staff
Water bills
Record drawings and pump curves of existing pump stations; and
Available SCADA information.
Page 3 of 19
Schedule A—Scope of Services
9(
Request for Professional Services (RPS) #21-7881
Design Services for Old Lely Utilities Improvements"
e. With assistance from PUD staff,install pressure data loggers on existing water main system
along the project corridor to establish existing pressure conditions. Pressure will be
collected for one(1)week using acceptable pressure transducers that will be installed on water air
release valves or hydrants.This Task includes setting up and installing pressure transducers on air
release valves or hydrants,downloading data and providing graphical results to PUD.
f. Utilizing information gathered in Task e, calibrate the water model by comparing model
results to field collected data. Adjust parameters representing the system until model-
predicted performance reasonably agrees with measured system performance over a wide
range of operating conditions.
g. With assistance from PUD staff, install level transducers in wet wells of CCWSD owned
and maintained pump stations within the project area,to monitor water levels. Data will be
used to calculate flow rates for a period of one week during the dry season and one week
during the wet season, or as accepted by EPMD including pumping rates and inflows. A.
diurnal flow curve will also be generated using the collected wet well data. Task includes
setting up and installing low pressure transducers in pump station wet wells, downloading
data and provide graphical results to PUD. PUD staff will provide CONSULTANT
access to pump station sites. This scope includes evaluating all pump stations within the
Old Lely project area.
h. With assistance from PUD staff, install pressure data loggers on existing force main system
along the project corridor and simultaneously with the wet well testing to establish existing
pressure conditions. Pressure will be collected for one (1) week using acceptable pressure
transducers that will be installed on wastewater air release valves or pump station pump
outs.This Task includes setting up and installing pressure transducers on air release valves
or pump station pump outs, downloading data and providing graphical results to PUD.
i. Utilizing information gathered in Tasks 1.2.g. and 1.2.h., calibrate the wastewater model
by comparing model results to field collected data. Adjust parameters representing the
system until model-predicted performance reasonably agrees with measured system
performance over a wide range of operating conditions.
j. Based on the model results in Task 1.2.i., evaluate pump stations within the Old Lely
project area to determine, if possible, that upgrades are necessary to accommodate the
proposed new improvements.
k. Evaluate the feasibility for relocating or eliminating existing lift stations within the project
area.
1. Evaluate the feasibility of installing fiber conduits and cable to connect the lift stations
within the project area and loop the system with existing fiber cable infrastructure adjacent
to the project boundaries. Coordinate with the County's Information technology
Department to identify the nodes to connect to.
m. Evaluate the alignment of fiber cable conduits within the project boundaries.
n. Propose the stormwater quality treatment concepts to be utilized.
Page 4 of 19
Schedule A—Scope of Services
coo.
Request for Professional Services (RPS)#21-7881
Design Services for Old Lely Utilities Improvements"
o. Propose the drainage and stormwater management concepts to be utilized and lay out(plan
and profile views).
p. Prepare a link/node model of the stormwater system for flow characteristics and level of
service(modeling program to be one-dimensional ICPR4),and water quality enhancement
Harvey Harper methodology) including the following:
1. Existing Conditions Analysis Development:
Using LIDAR data and GIS processing to establish flow paths and sub-
basin delineation. Utilize standard surveying methods to check key
locations and/or where LiDAR does not produce sufficient definition
and/or accuracy to reflect existing conditions.
GIS processing to establish stage/storage relationships and other in-
basin parameters that control runoff.
Perform the necessary research to identify data needed to develop
existing conditions analysis.
Definition of link/node network and compilation of structure data to be
included in the analysis.
Initial analysis runs to troubleshoot and verify that it is numerically
stable.
Analysis calibration/verification against known flood elevations, if
available.
Model design storms with return frequencies of 5-year, 24-hour; 10-
year, 24-hour; 25-year, 72-hour; and 100-year, 72-hour and produce
inundation maps in GIS. These will be used to define the predicted
extent of flooding in the study area. From these analyses, GMD will be
able to state the depth of water over the flooded streets during the storm
events and compare that to the County Level of Service criteria.
2. Proposed Conditions Analysis Development(scenarios).
Estimate nutrient removal: Use GIS processing to calculate pollutant
load by land use type within each sub-basin for the existing conditions
analysis.
Evaluate nutrient removal for proposed conditions.
Present pre and post conditions evaluation for flooding and water
quality. Pre and post condition analysis will include a description of the
expected benefits as a result of the proposed improvements compared
to the existing conditions.
The stormwater hydraulic modeling analysis will include the entire
Project area. The analysis outside the limits of the Project area assumes
Collier County and/or the Big Cypress Basin/South Florida Water
Management District will provide current hydraulic analysis
data/reports of the receiving canal.
q. Analyze and assess existing conditions of major stormwater structures/facilities (e.g.,
stormwater outfall pipes)
Page 5 of 19
Schedule A—Scope of Services
O
Request for Professional Services (RPS) #21-7881
Design Services for Old Lely Utilities Improvements"
r. Analyze existing sidewalks conditions and propose new sidewalks within the project area.
s. Analyze and asses existing condition of the 30" PVC IQ main and the 36" Ductile Iron
Force Main along St Andrews Blvd.
t. Gather and analyze information about septic tanks within the project area and, if they exist,
propose conversion of septic tanks to County Sewer system. Provide a list of grants
available for this effort, if applicable.
u. Review CCWSD's potable water, wastewater and irrigation quality water systems to
identify and recommend improvements that fall inside the project area. Review will
include:
Water System - Review master plan to determine any planned improvements and
interview PUD operations staff to determine existing size, material and any current
issues. Soft dig information will also be used to determine size and condition.
Wastewater System -Review master plan to determine any planned improvements,
interview PUD operations staff to determine existing size,material and any current
issues.
Irrigation Quality Water - Review master plan to determine any planned
improvements, interview PUD operations staff to determine existing size, material
and any current issues. Evaluate the feasibility to provide IQ water service to the
area and, evaluate current IQ water system including supply source(s).
v. Prepare a Preliminary Engineering Report. The report shall consist of, but not limited to,
the following sections, incorporating results of previous tasks herein:
Section 1 -Executive Summary
Section 2 - Introduction
Section 3 - Existing Water Facilities Testing
Section 4 -Existing Wastewater Facilities Testing
Section 5 - Review of Existing Water, Wastewater, and Irrigation Quality Water
Infrastructures
Section 6 - Water Hydraulic Model Results
Section 7 - Wastewater Hydraulic Model Results
Section 8—Stormwater Management Hydraulic and Hydrologic Modeling Results
and Proposed Stormwater Facilities Plan
Section 9—Propose sidewalks
Section 10 -Project Phasing Plan
Section 11 - Preliminary Cost Estimate
Section 12 - Summary and Recommendations
w. CONSULTANT will submit draft copies of the Preliminary Engineering Report to
PUD and GMDstaff for review.
x. The CONSULTANT will organize and conduct a meeting with PUD and GMD staff to
discuss the Preliminary Engineering Report. Revise Report as required to reflect
Page 6 of 19
Schedule A—Scope of Services
FAO
Request for Professional Services (RPS) #21-7881
Design Services for Old Lely Utilities Improvements"
comments. CONSULTANT will submit final report and electronic files containing the
final report in PDF format.
Task 1.2 Deliverables: Water System Hydraulic Model, Wastewater System Hydraulic Model,
Stormwater System Hydraulic Model, Preliminary Engineering Report.
Task 1.3—Surveying Services
Tasks may include, but are not limited to:
a. Establish vertical and horizontal controls throughout project area. Horizontal data will be
in feet and shall be projected on the Florida State Plane Coordinate System, East Zone,
NAD83(2011). Vertical data will be in feet and shall be referenced to the North American
Vertical Datum of 1988 (NAVD88). The conversion from NAVD 1988 to NGVD 29 will
be clearly identified on each plan sheet.
The CONSULTANT shall collect horizontal and vertical data of existing visible
above-ground improvements and existing visible above-ground utilities within the
right-of-way of the roadways within the project limits. The CONSULTANT shall
measure cross-sections at 50-foot intervals.
The CONSULTANT shall establish the right-of-way lines for that part of the above
referenced corridors, and adjacent lot lines based on original plats and Collier
County geographic information systems linework.
b. Submit an AutoCad file (dwg format - version 2020 or greater) of the topographic survey
to PUD and GMD staff. The topographic map shall include the latest aerial photography
as a background.
Task 1.3 Deliverables: Topo Survey AutoCAD Drawing.
Task 1.4 - Geotechnical Investigation
a. Perform one hundred and one (101) Auger Boring to a maximum depth of 15 feet and
fifteen (15) Standard Penetration Test (SPT) borings to a depth of 25 feet within project
area to install proposed utility line(s), stormwater structures and pipes. Soil borings shall
be completed as per the latest ASTM standards.
b. Prepare a complete geotechnical investigation report detailing soil conditions, water table
elevations, soil classifications, rock elevation and other items that will affect the
construction. Report shall also include recommendation from a licensed geotechnical
engineer in the State of Florida on bedding material, subsurface conditions and any other
items that pertain to the construction project.
c. CONSULTANT team shall submit two (2) signed and sealed reports to PUD and GMD
Staff.
Task 1.4 Deliverables: Subsurface Soil Exploration Report.
Page 7 of 19
Schedule A—Scope of Services
Request for Professional Services (RPS)#21-7881
Design Services for Old Lely Utilities Improvements"
Task 1.5- Soft Dig Investigation
a. Perform up to two hundred (200) hours of ground penetrating radar (GPR) to determine
the horizontal location of the existing utilities within the project area.
b. Meet with PUD staff to review and propose soft dig locations and once agreed upon,
provide an exhibit of the soft dig locations.
c. Meet with PUD Staff on-site to review procedures to complete the soft dig investigations.
d. Perform up to one hundred and fifty (150) soft dig digs on existing utilities within the
project area to include, but not be limited to, horizontal and vertical location of existing
utility pipe, type of utility pipe, size of utility pipe, and utility pipe material.
CONSULTANT team willcall Sunshine 811 if the utility mark-ups need to be refreshed.
Soft dig investigations shall be performed using an approved air/vacuum piece of
equipment that will keep the disturbance to a minimum and shall not damage any existing
facilities.
e. Field mark all existing utilities found either by wooden lathes or by marking on the
pavement (paint). All paint marks need to remain during the design phase, but lathes need
to be removed after the final plans have been approved.
f. CONSULTANT team shall repair all excavation holes in the natural ground to a
condition as equal toor better than the original condition.
g. CONSULTANT team shall provide one (1) full size, one (1) half size plan and AutoCad
file (dwg format -version 2020 or greater) of the soft dig investigation in the project area
to PUD and GMD Staff.
Task 1.5 Deliverables: Soft Dig Investigation Exhibit.
Task 1.6-30% Plans Preparation
The CONSULTANT shall prepare 30% construction plans based on the approved preliminary
engineeringreport.
a. Incorporate all record drawings within the project area and the soft dig investigation into
the 30%construction plans.
b. Incorporate the boundary and topographic survey into the 30%construction plans.
c. Prepare 30%construction plans detailing the proposed running line within the project area.
Include on these plans the survey work, soft dig investigation work, any pertinent
geotechnical information and the aerial photo in the background.The profile view does not
need to be completed.
d. Submit one electronic file in PDF format, three (3) full size and one (1) half size of the
Page 8 of 19
Schedule A—Scope of Services
P,o
Request for Professional Services (RPS) #21-7881
Design Services for Old Lely Utilities Improvements"
30% construction plans at least two (2) weeks prior to the meeting with PUD and GMD
Staff.
e. Organize and conduct a 30%plan review meeting with PUD and GMD staff to discuss the
preliminary construction plans. Revise construction plans as required to reflect PUD and
GMD comments. The CONSULTANT will compile the minutes of meeting and a
Comment Tracking Log which includes a list of comments, the individual's name who
provided the comment,the division, and the response to the comment if it will be included
in the 60%Phase.
f. Submit a phasing plan to PUD and GMD staff for review and approval. Phasing Plan shall
include construction costs for each phase.
Task 1.6 Deliverables: 30% Construction Plans.
Task 1.7—Public Involvement#1
CONSULTANT and their subconsultant(s)shall complete all required public involvement services
throughout the preliminary engineering design phase upon request of the Project Manager. Work
under this item is to include, but not limited to, the following:
a. Preparing a comprehensive mailing list for all property and business owners and tenants
who will be affected by the construction with limits as shown on the most current set of
construction documents.
b. Preparing informational newsletters which describe the project and addresses frequently
asked questions as required.
c. Press releases as required for notifications to the public.
d. Establishing and maintaining a public"Hotline"and email inbox. Coordination with PUD
staff will be included.
e. Maintaining the Project Customer Service Log using the PUD provided template.
f. Early coordination with all stakeholders (e.g., golf courses and others)
g. Respond and record all public concerns and requests.
h. Attending all design progress meetings, for the duration of the design.
i. Secure sites, develop public meeting invitation(s),prepare legal advertisement(s), develop
meeting materials, attend the meetings, and set up cleanup for the meeting(s). The
meetings will be a hybrid of in-person with a virtual video conference attendance option.
j. Create a website page for the Project and update it as needed during the Design Phase.
k. CONSULTANT, PIO, and CONSULTANT's Landscape Architect and Arborist will
Page 9 of 19
Schedule A—Scope of Services
SA.G
Request for Professional Services (RPS) #21-7881
Design Services for Old Lely Utilities Improvements"
attend the meetings with the residents and the stakeholders to discuss landscaping
concerns and address landscaping item replacements and restorations.
1. Prepare conceptual photo rendering exhibits of specific pump station sites showing the
anticipated layout and visual concept of the sites to present to stakeholders.The Consultant
will prepare up to forty (40) conceptual 24"x36" site plans/exhibits. The Exhibits shall be
mounted on hard backing material and be used for meetings with the Old Lely stakeholders
to convey the intent of the project.
Task 1.7 Deliverables: Mailing List, Press Release, Newsletter, Hotline and Email Inbox, Website
Page, Photo Rendering.
TASK 2.0: DESIGN
Task 2.1 - Final Design (60%,90% & 100% Submissions)
a. On the basis of the accepted Preliminary Engineering Report, Phasing Plan, and 30%
Construction Plans, the CONSULTANT will prepare final drawings and specifications,
which providethe general scope, construction details, and limits of construction work for
the Contractor.The Consultant will prepare and submit drawings and specifications at the
60-, 90- and 100-percent complete stages for review and approval. An engineer's opinion
of construction cost estimate will accompany each submittal. The CONSULTANT shall
meet with the PUD's design and operations staff and the GMD's stormwater and
transportation planningstaff at each stage, prepare a Comment Tracking Log as described
above and obtain their written acceptance (signature approval) of the work completed to
date.
b. The Technical Specifications will be based on the 16-Division format of the Construction
Specifications Institute (CSI) in MS Word format. In addition to the Technical
Specifications, The CONSULTANT will coordinate with the PUD and the GMD staff to
develop/modify the General Conditions, the Supplemental Conditions, and the Special
Provisions Specifications. Application of all lessons learned of similar completed projects
will be considered.The Standard Collier County Specifications may be used for reference,
but the Engineer shall not rely on them as a replacement for sound engineering judgment
and responsibility.The Stormwater Management specifications shall be in accordance with
current Collier County specifications, including current County Right-of-Way
Construction Specifications. The bid Documents shall include drawings and project
specifications ready for construction, consistent with Collier County standards, including,
but not limited to, the following or as approved by the Project Manager:
Cover sheet, index and key map.
Civil Site Plan including fencing and landscaping.
Existing Conditions map
Civil Details
Demolition Plan
Infrastructure Plan and Profile
Details
Operational Contingency Plans
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c. Furnish copies of Contract Documents that include engineering drawings and
specifications. Present and review them in person with PUD and GMD staff at the agreed
upon completion stages in the project and make appropriate changes requested.
d. The CONSULTANT shall perform Quality Control/Quality Assurance (QC/QA) prior to
submission of each design submittal (60-, 90-, and 100 percent) including all reports,
design documents(drawings and specifications), technical calculations, constructability;
conformance with engineering standards, conflicts of existing and/or proposed facilities
and related factors. A Registered Professional Engineer in the State of Florida from
CONSULTANT's subconsultant's firm will perform the QC/QA for Consultant's designs
and reports.
e. The CONSULTANT shall assist EPMD and GMD in the application process for grants, if
applicable.
Task 2.1 Deliverables: 60%, 90%, and 100% Construction Plans, Technical Specifications
Package, Contract Documents Package.
Task 2.2 -Permitting
a. The CONSULTANT shall prepare applications for all GMD's Right-of-Way permits,
Insubstantial Change to a Site Improvement Plan when required from Collier County
Growth Management Division and respond to requests for additional information.
Permitting feeswill be paid by EPMD.
b. The CONSULTANT shall prepare a permit application for submittal to the Florida
Department of Environmental Protection (FDEP) and provide backup documentation
including drawingsand specifications, if applicable, respond to all Request for Additional
Information (RAI) from the FDEP. Permitting fees will be paid by the CONSULTANT
team and reimbursed by EPMD.
c. The CONSULTANT shall prepare the South Florida Water Management District
SFWMD) Individual permit and dewatering permit (less than 1 year). (Optional,
depending on construction scheduling).
d. Offsite discharge of produced groundwater requires submittal of a Notice of Intent (NOI)
through the FDEP NPDES program. The NOI that will be signed by the Owner/Applicant
requires certification that contaminants are not present in groundwater. The application
letter will include the dewatering plan details, temporary storage/treatment of dewatering
effluent for turbidity, the location of offsite discharge points and a review of potential
contaminated sites from FDEP database. FDEP offsite discharge permits have a duration
of 5 years. The CONSULTANT shall prepare the of Notice of Intent (NOI) to use the
Generic Permitfor Discharge of Ground Water.
e. Master Dewatering Permit: The CONSULTANT will prepare an application for a Mater
Dewatering Permit through the SFWMD, for all phases of construction. The application
will request apermit duration of 10 years. The CONSULTANT will assist with requesting
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offsite discharge authorization, if necessary. The CONSULTANT will prepare up to 8
Master Dewatering Permit updates with site specific dewatering plans, and engineering
drawings depicting dewatering effluent routing, discharge points, turbidity control
measures, etc. for specific phases of the project prior to construction.
f. The CONSULTANT shall ensure that all documents required to apply for the permit are
complete prior to submission to the oversight agency to minimize the time and the
process to obtainapprovals.
g. The CONSULTANT shall prepare a Permit Tracking Log to track all permits for the
project and ensurethat all permits are current and renewed in a timely manner.
Task Z.2 Deliverables:Permit Applications, Letter of Intent, Permit Tracking Log.
Task 2.3-Bidding and Award
With the exception of the following, bid/quote services will be performed by the Collier County
Procurement Department. CONSULTANT will assist the County with the services listed below
for up to ten
10) separate bids.
a. The CONSULTANT shall assist in preparing addenda, as required, to interpret, clarify, or
expand theBidding Documents.
b. The CONSULTANT will advise the County as to the acceptability of the contractor and
subcontractors, suppliers and other persons and organizations proposed by the Prime
Contractor for those portions of the work as to which such acceptability is required by the
Bid Documents.
c. Consult with the County concerning,and determine the acceptability of, substitute material
and equipment proposed by the Contractor when substitution prior to the award of contracts
is allowed by the Bid Documents.
d. Attend pre-bid/quote conferences.
e. Attend bid openings, review bids, qualifications.
f. Perform a Bid Analyses and Provide recommendation letters of award along with a
Reference Logs" showing date, time, and comments of all contacted references provided
by the prospective contractor.
Task 2.3 Deliverables: Bid Addenda, Bid Analysis, Letter of Recommendation for Award,
Reference Log.
Task 2.4-Public Involvement#2
The CONSULTANT and its subconsultant(s) shall complete all required public involvement
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services throughout the design phase. Work under this item is to include, but not be limited to,
the following:
a. Update the comprehensive mailing list for all properties, including owners of residential
and commercial, and their tenants who will be affected by construction as shown on the
most current set of construction drawings.
b. Prepare the informational newsletter(s) which describes the project and addresses
frequently asked questions.
c. Notify the public through Press releases as necessary.
d. Establish and maintain a public"Hotline."Coordination with PUD staff as required.
e. Maintain the Project Customer Service Log using the PUD provided template.
f. Respond and record public concerns and requests.
g. Attend design progress meetings, as needed, for the duration of the design.
h. Secure site, develop public meeting invite(s), prepare legal advertisement(s), develop
meeting materials, attend, and set up/cleanup for the design public meeting(s). The
meetings will be a hybrid of in-person with a virtual video conference attendance option.
i. Update and maintain a website page for project as needed.
j. CONSULTANT, PIO, and CONSULTANT's Landscape Architect and Arborist will
attend meetings with the residents and stakeholders to discuss their concerns and address
landscape replacement andrenovations.
k. Prepare conceptual photo rendering exhibits of specific pump station locations showing the
anticipated layout and visual concept of the sites to present to stakeholders. Prepare up to
twenty (20) conceptual 24"x36" site plans/exhibits. Exhibits shall be used for meetings
with the Old Lely stake holders to convey the intent of the project.
Task Z.4 Deliverables: Mailing List, Press Release, Newsletter, Hotline and Email Inbox, Website
Page, Photo Rendering.
TASK 3.0—POST DESIGN(CONSULTATION SERVICES DURING CONSTRUCTION)
Task 3.1—Construction Administration
a. Pre-Construction Meeting - The CONSULTANT will chair the pre-construction meeting
to review the project scope, discuss project submittals and identify issues that need to be
addressed prior to the project starting. The CONSULTANT will prepare a DRAFT
Agenda at least two business days in advance of the pre-construction meeting and issue
written meeting notes identifying a summary of the discussion, conclusions and any risks
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that have been encountered or are expected within two days after the meeting to the
Project Delivery Team.
b. Construction Progress Meetings — The CONSULTANT will chair the weekly/bi-weekly
progress meetings to review project status and identify issues that may affect the Project.
The CONSULTANTwill prepare a DRAFT Agenda at least two business days in advance
of each meeting andissue written meeting notes identifying a summary of the discussion,
conclusions and any risks that have been encountered or are expected within two days
after the meeting to the Project Delivery Team.
c. Shop Drawing Reviews — The CONSULTANT shall review and approve (or take other
appropriate action in respect of) Shop Drawings, material samples and other data which
Contractor is required to submit, but only for conformance with the design information
given in the Contract Documents and compatibility with the design concept of the
completed project as a functioning whole as indicated in the Contract Documents. Such
reviews and approvals or other action will not extend to means, methods, techniques,
sequences or procedures ofconstruction or to safety precautions and programs incident
thereto. CONSULTANT shall not be required to review partial submissions or those for
which submissions of correlated items have not been received. Maintain a complete log of
all submittals of shop drawings, notingthe dates of first submittal and subsequent reviews
and resubmittals, approval, etc.
d. As-Equal Materials - CONSULTANT shall evaluate and determine the acceptability of
substitution or"as-equal"materials and equipment proposed by Contractor.
e. Project Schedule - The CONSULTANT shall be responsible for the review and
acceptance of the Contractor's progress schedule. The CONSULTANT shall review the
schedule to ensure that all general work efforts are addressed, that the schedule is
following a logical approach to the job, that it is following sound engineering and
construction practices and that it identifies all critical path work. The CONSULTANT
shall monitor the schedule on a monthly basis, and after a review with the County and
Contractor, advise the Project Manager of any areas where the Contractor appears to be
falling behind.
f. Project Pay Applications - The CONSULTANT shall review and approve/reject any
payment requested by the contractor in an Application for Payment before the pay
application is submitted to the Clerk's office. Payment shall constitute a representation by
the CONSULTANT to PUD and GMD based on the CEI Inspector's daily reports of the
work in progress. The CONSULTANT is an experienced and qualified construction
professional and based on the CONSULTANT's review of the applications for payment
and the accompanying data and schedules that the work has progressed to the point
indicated; that to the best of the CONSULTANT's knowledge, information and belief,
the quality of the work is in accordance with the Contract Documents and that the
Contractor is entitled/not entitled to the payment. The CONSULTANT will process pay
requests in accordance with the Florida Prompt Payment Act. All incoming pay requests
processed by the CONSULTANT shall be mechanically stamped with the date received.
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g. Request for Information (RFI)- The CONSULTANT shall review and respond to all
Requests for Information that the Contractor submits. If required by PUD and GMD staff,
CONSULTANT shall revise construction plans based on response to RFI. Maintain a
complete log of all RFIs, noting the dates of first submittal and subsequent reviews and
resubmittals, approval, etc.
h. Change Orders & Work Directives — The CONSULTANT shall prepare all Change
Orders and WorkChange Directives during the project for the Project Manager's review
and approval.
i. The CONSULTANT shall review the pre-construction video and picture assessment book
provided bythe contractor. Generate a list of issues and submit it to the Project Manager
no later than two (2) business days after receiving the materials from the contractor.
j. Material Testing Records — The CONSULTANT shall maintain records of all density,
material sampling and testing and analyze such records as required to ascertain their
acceptability. The field reports for records of work and testing results shall be submitted
to the Project Manager within one week from receiving them from the contractor.
k. Preparation of Monthly Report — The CONSULTANT shall prepare a monthly report of
all the construction activities completed. Sections in the report should include, but not
limited to,Executive Summary, Contract Cost Status, Project Schedule, Critical Issues,
RFI Status, Submittal Status, Permit Log, Allowance Log, Project Payment Application
and Inspection Reports and Project Photos.
1. Permit Requirements — The CONSULTANT shall monitor the construction contract to
conform to the requirements of all permits. The CONSULTANT shall notify the
Contractor of any violations or potential violations and require immediate resolution of
the problem. The CONSULTANT must report all violations to the Project Manager
immediately.
m. Florida Department of Environmental Protection Certifications - The CONSULTANT
shall prepare and submit certification packages to the Florida Department of
Environmental Protection for the completed sections of the CCWSD'S water and
wastewater systems.
n. Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment"the CONSULTANT will provide a signed and sealed
certification stating that the Project has been completed by the construction contractor in
accordance with the Plans and Specifications of the Contract Documents as amended by
the CONSULTANT. All services related to the Final Construction. The CONSULTANT
shall provide the Certification to the Project Manager.
o. Asset Management Record Information — CONSULTANT shall provide the completed
electronic format stipulated by PUD staff required to populate the PUD's GIS and Asset
Management system at time of project completion. CONSULTANT shall provide the
completed electronic format stipulated by GMD staff required to populate the GMD's
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GIS and Asset Management system at time of project completion.
p. Record Drawings—The CONSULTANT shall provide digital as-built record drawings in
AutoCad (version 2020 or greater) and PDF format based on certified survey drawings
provided bythe Contractor that have been signed and sealed by a surveyor licensed in the
state of Florida.
q. Final Project Submittal—The CONSULTANT shall provide PUD with one complete file,
itemized and indexed, of all project records at the completion of the Project. The
CONSULTANT shall provide GMD with one complete file, itemized and indexed, of all
project stormwater and sidewalkrecords at the completion of the Project.
Task 3.1 Deliverables: Meeting Agenda, Meeting Minutes, Monthly Report, Record Drawings,
Final Project Certification and Submittal.
Task 3.2—Construction Inspection and Documentation
The CONSULTANT's inspector (Construction Inspector) shall observe construction and testing
activities at critical times during construction and as directed by the Project Manager, including
rehabilitation work, material testing, connections, equipment startups, etc. The County's
Construction and Engineering Inspection (CEI) team (not part of this contract) will provide the
CONSULTANT with all construction/testing reports and photos on a daily basis. The
CONSULTANT shall maintain both a hard copy and an electronic copy in the project file which
shall be given to PUD staff upon completion of theproject. Similarly, The CONSULTANT shall
submit complete copies of stormwater and sidewalk documentation to GMD staff upon
completion of the project.
The CONSULTANT's inspector will provide the services outlined below.Note that Construction
Engineeringlnspection (CEI) is not part of the Specifications or Scope of Work stated herein and
will be provided by others under a separate contract.
a. Construction/Testing Observation — The Construction Inspector will conduct on-site
observations and inspections of construction/testing activities at critical times during
construction on the Project on a part time basis, up to 16 hours per week, unless directed
otherwise by the Project Manager, and will coordinate with the County's CEI inspector,to
ensure that all work is completed in accordance with the Contract Documents. The
CONSULTANT will be responsible for investigating the concern or issue and resolving
the same through a written directive to the construction contractor and so inform the
Project Manager and theConstruction Inspector in writing. This protocol will be initiated
at any time the Construction Inspector becomes aware of any construction work that is
unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not
meet the requirements of any inspections, tests or approvals, or has been damaged before
final payment.
b. General Coordination—The Construction Inspector will coordinate activities related to the
Project between the construction contractor, the CONSULTANT and the Project
Manager. The Construction Inspector will assist with substantial and final completion
inspections, and prepare and maintain the punch list, including follow-up inspections to
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ensure that the punch list items are corrected and/or completed.
c. Observe Regulatory Agency Inspections — The construction inspector will accompany
visiting inspectors representing any regulatory agencies having jurisdiction over the Project
and will record all discussions and the outcome of these regulatory inspections in the logs.
The inspector shall notify the Project Manager immediately and prior to any such
inspections.
d. Substantial Completion Inspections—The Construction Inspector will conduct substantial
completion inspections when requested by the contractor and after the CONSULTANT
confirms that the work is sufficiently complete to warrant a substantial completion
inspection. During the substantial completion inspection, the Construction Inspector will
prepare a punch listof items requiring completion or correction to the satisfaction of the
CONSULTANT and the Project Manager. The Construction Inspector will be responsible
for maintaining the punch-list and issuing updates to the punch-list on a weekly basis.
The Construction Inspector will coordinate and participate in the final walk-through to
ensure that the punch-list items are completed to the satisfaction of the CONSULTANT
and the Project Manager. All services related to the Substantial Completion Inspection
shall be provided in writing with pictures to the Project Manager.
e. Final Completion Inspection - Upon the request of the Contractor and concurrence
confirmation of the CONSULTANT and the Project Manager, the Construction Inspector
will conduct final inspections of the project to determine if construction has been
completed in accordance with the Contract Documents. Based on the results of the final
inspection, the CONSULTANT, Project Manager, and the Construction Inspector will
determine if the work is complete or not complete. If the work is confirmed complete, the
Construction Inspector will issue a "notice of final acceptance and recommendation for
final payment". If the work is not complete, the Construction Inspector will issue written
instructions to the Contractoridentifying the work not complete. Upon confirmation by
the Contractor that the deficiencies have been completed,a second final inspection will be
scheduled to verify that the outstanding issues have been resolved and the Construction
Inspector can issue a "notice of final acceptance and recommendation for final payment".
All services related to the Final Completion Inspection shall be provided to the Project
Manager.
f. Drone Video and Photo Aerial Recording: The CONSULTANT shall conduct drone
surveys of the Old Lely project area. The CONSULTANT shall download and process
the data collected to prepare digital video and digital photographs file to document the
existing conditions and construction progress. The digital photos and/or video file along
with an Adobe PDF map identifying the location of each drone video shoot will be
provided to the Project Manageron a flash drive or an external hard drive. This does not
constitute a survey but is only considered a digital record of the project.
1. Pre-Construction Aerial Recording: The CONSULTANT's drone pilot will
perform aerial flights to document and record the existing conditions prior
to construction of each phase. Drone flights will record digital video and
digital photographs of the existing conditions and may be included in
newsletters, public information brochures, and displayed at public meetings.
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This does not replace the Contractors Pre-Construction and Post-
Construction video requirements. Drone pilot shall follow all applicable
F.A.A. rules and regulations.
2. Construction Progress Aerial Recording: The CONSULTANT's drone pilot
will performaerial flights to documents the construction progress, at critical
times during construction and every quarter, or as directed by the Project
Manager, duringeach phase of construction. Drone flights will record digital
video and digitalphotographs of the construction progress. Digital video and
photos will be provided to the Project Manager and may be included in
newsletters, public information documents, and displayed at public
meetings. Drone pilot shall follow all applicable F.A.A. rules and
regulations.
Task 3.2 Deliverables: Substantial Completion Inspection, Final Completion Inspection
Punch list, Video and Photo Aerial Recording.
Task 3.3—Public Involvement#3
Public Involvement — The CONSULTANT and its Subconsultant(s) shall complete all
required public involvement services throughout the project. The CONSULTANT will designate
a Public Information Officer(PIO) specifically for this project. Work under this item is to include,
but not limited to, the following:
a. Update and maintain a mailing list for all property including residential and commercial
property owners and their tenants who will be affected by construction as shown on the
current set of construction drawings.
b. Prepare project communication cards to ensure that the public and media are receiving
timely and accurate information. Politically sensitive issues shall be immediately brought
to the attention of the Project Manager.
c. Coordinate with all property owners and public services affected by construction, (e.g.,
garbage pickup, USPS, public schools(buses), road closure notices by GMD staff,etc.).
d. Prepare and send out via email a weekly project update to the project
residents/businesses/stakeholders emails list.
e. Prepare press releases as necessary for notification to the public of construction activity.
f. Contact businesses individually,either personally,by phone,by email,or flyer/door hanger
to inform those businesses which will be affected by construction.
g. Establish and maintain a public"Hotline"and Coordinate with PUD staff.
h. Maintain the Project Customer Service Log using the PUD provided template.
i. Respond and record to public concerns and requests.
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j. Attend weekly/bi-weekly progress meetings, as needed, especially during major
construction activities, for the duration of the project.
k. Attend other meetings as needed, (e.g., Old Lely Master Association annual meeting).
1. Secure site, develop public meeting invite(s), prepare legal advertisement(s), develop
meeting materials, attend, and setup/cleanup for the construction public meeting(s).
m. Update and maintain a website page for the project and send out weekly project updates.
n. The CONSULTANT, PIO, and CONSULTANT's Landscape Architect and Arborist will
attend meetings with residents and stakeholders to discuss their concerns and address
landscape replacement andrenovations.
Task 3.3 Deliverables: Mailing List, Communication Cards, Press Release, Newsletter, Hotline
and Email Inbox, Website Page, Photo Rendering.
3.4—Warranty Services
The CONSULTANT and his team will provide warranty services for one (1) year after the final
completionof the project construction. Work under this item is to include, but not limited to, the
following:
a. Post Construction walk thru: The CONSULTANT shall generate a list of warranty issues
andcoordinate with the contractor and residents until the issues are solved.
b. Review the post construction video and pictures provided by the contractor.
c. The CONSULTANT shall keep a log of all warranty issues for one (1) year after the final
completion of the project construction, for each phase. The CONSULTANT shall
maintain the log regularly and communicate any issues that may be covered under the
warranty. The CONSULTANT shall inform the Contractor of such issues and monitor all
corrective actions to ensure that the issues areresolved.
d. The CONSULTANT shall attend one (1) Year final Warranty walk thru with the
Contractor and County Staff, for each phase.
Task 3.4 Deliverables: Warranty Log, Punch list.
END DETAILED SCOPE OF WORT{
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Schedule A—Scope of Services
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SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part
of its monthly invoice a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any authorized
Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the
report shall show all Service items and the percentage complete of each item.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
payments to CONSULTANT in accordance with the terms stated below. Payments will be made
in accordance with the following Schedule; however, the payment of any particular line item noted
below shall not be due until services associated with any such line item have been completed or
partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made
upon the percentage complete. In no event shall such Time and Materials compensation exceed
the amounts set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-
Exceed
1.0 PRELIMINARY ENGINEERING DESIGN
1.1 Project Start-Up 51,152.00
1.2 Preliminary Engineering Report/Hydraulic Analysis 1,309,962.00
1.3 Surveying Services 599,400.00
1.4 Geotechnical Investigation (Sub-Consultant) 60,000.00
1.5 Soft Dig Investigation 187,986.00
1.6 30%Plans Preparation 2,363,120.00
1.7 Public Involvement#1 (Sub-Consultant&Prime) 280,400.00
2.0 DESIGN
2.1 Final Design(60%,90%&100%Submissions) 3,717,877.00
2.2 Permitting 340,814.00
2.3 Bidding and Award 294,168.00
2.4 Public Involvement#2 (Sub-Consultant&Prime) 217,252.00
3.0
POST DESIGN
CONSULTATION SERVICES DURING CONSTRUCTION)
3.1 &3.2 Construction Administration&Construction Observation and 5,433,282.00
Documentation
3.3 Public Involvement#3(Sub-Consultant&Prime) 609,360.00
3.4 warranty Services 144,060.00
REIM Reimbursable Expenses 300,000.00
Total Lump Sum Fee 4,323,634.00
Total Time and Materials Fee 11,585,199.00
GRAND TOTAL FEE 15,908,833.00
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B.2.2. Er Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts
to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean
the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel,
with respect to this Project, including all indirect payroll related costs and fringe benefits, all in
accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY's prior written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount
to be paid to CONSULTANT for the performance of the Basic Services. There shall be no
overtime pay without the COUNTY's prior written approval.
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for
under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed under
the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies
and out-of-pocket expenses incurred in the performance of all such services.
B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more
than one invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by the COUNTY.
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B.3.1.1 Payments will be made for services furnished, delivered. and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall
be deemed of the essence with respect to the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a
maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in
the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the
following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals, all
in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY,
may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
6.3.4.1.4. 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.
Page 21 of 32
PSA_CCNA Single Project Agreement_Ver.4
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 22 of 32
PSA_CCNA Single Project Agreement_Ver.4
1 g
SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal 238
Senior Project Manager 201
Project Manager 165
Senior Engineer 175
Engineer 136
Senior Inspector 117
Inspector 96
Senior Planner 164
Planner 130
Senior Designer 128
Designer 109
Environmental Specialist 120
Senior Environmental Specialist 156
Scientist/Geologist 115
Senior Scientist/Geologist 156
Marine Biologist/Hydrogeologist 133
Senior Marine Biologist/Hydrogeologist 169
Senior GIS Specialist 149
GIS Specialist 114
Clerical/Administrative 73
Senior Technician 102
Technician 83
Surveyor and Mapper 142
CADD Technician 95
Survey Crew-2 man 152
Survey Crew-3 man 185
Survey Crew-4 man 218
Senior Architect 177
Architect 148
Vacuum Excavator 290
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon
mutual agreement in advance and in writing by the parties. the
Page 23 of 32
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
Task/Item
For Completion of Task
Description from Date of Notice to
Proceed
1.1 Project Start-Up 210
1.2 Preliminary Engineering Report / 210
Hydraulic Analysis
1.3 Surveying Services 364
1.4 Geotechnical Investigation (Sub-Consultant) 364
1.5 Soft Dig Investigation 364
1.6 30% Plans Preparation 545
1.7 Public Involvement#1 545
2.1 Final Design 2,190
2.2 Permitting 2,190
2.3 Bidding and Award 2,190
2.4 Public Involvement#2 2,190
3.1 & 3.2 Construction Administration & Construction 3,640
Observationand Documentation
3.3 Public Involvement#3 4,015
3.4 Warranty Services 4,015
Page 24 of 32
PSA_CCNA Single Project Agreement_Ver.4
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.
Page 25 of 32
PSA_CCNA Single Project Agreement_Ver.4
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? Yes No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of$ 1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? I I Yes I I No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? I Yes [III No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? Yes I I No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Page 26 of 32
PSA_CCNA Single Project Agreement_Ver 4
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $ 1,000,000 Per Occurrence,
2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? Yes n No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? Yes No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? n Yes No
Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The
ownership.
Page 27 of 32
PSA_CCNA Single Project Agreement_Ver.4
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? Yes II No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
Per Occurrence.
19. POLLUTION INSURANCE.
Required by this Agreement? n Yes n No
Pollution Insurance: Coverage shall have minimum limits of$ 2,000,000 Per Occurrence.
20. UMBRELLA LIABILITY.
Required by this Agreement? • Yes I I No
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis. Coverage shall have minimum limits of$5,000,000
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? I Yes n No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $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 Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
Page 28 of 32
PSA_CCNA Single Project Agreement_Ver.4
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 29 of32
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Johnson Engineering, Inc. company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning " Design Services for Old Lely Utilities Improvements
project"
is accurate, complete and current as of the time of contracting.
BY:
Y
TITLE: V I CR - 015 IQ,Yvi
DATE: I --c 7—
Page 30 of 32
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULE F
KEY PERSONNEL
Percentage
Name Personnel Category of Time
Mike Dickey Principal 30%
Andy Tilton Principal 25%
Dana Hume Principal 2%
Ryan Bell Principal 2%
Jared Brown Senior Project Manager 20%
Dave Trouteaud Senior Project Manager 15%
Erik Howard Senior Project Manager 10%
Wayne Wright Senior Project Manager 5%
Billy Saum Project Manager 50%
Mark Thomas Project Manager 30%
Alfredo Perez Project Manager 15%
Jeff Nagle Project Manager 10%
Kim Arnold Project Manager 5%
Jordan Varble Senior Engineer 25%
Josh Hildebrand Senior Engineer 5%
Rick Acosta Senior Engineer 5%
Mike Lohr Senior GIS Specialist 5%
Paul Lohr Senior GIS Specialist 5%
John Curtis Senior Environmental Specialist 2%
Mark Texter Surveyor and Mapper 10%
Kevin RisCassi Surveyor and Mapper 5%
Brett Dean Engineer 40%
Jessica Westhafer Engineer 5%
Abe Elizarraraz Environmental Specialist 2%
Dave Isley Environmental Specialist 5%
Michael Tiseo Senior Designer 40%
Eric Fallon Senior Designer 20%
Gabe Mendoza Senior Designer 20%
Brent Buford Senior Inspector 15%
Arnie Fiore Senior Inspector 55
Chris Barrett Designer 10%
Lenroy Cammock Designer 15%
Travis Means Designer 30%
Tyler Rubley Designer 2%
Mathew Beaudoin CADD Technician 10%
Marina Guirguis CADD Technician 2%
Lisa Baughman Clerical/Administrative 20%
Marsha Vocado Clerical/Administrative 5%
Page 31 of 32
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULE G
Other: N/A
Description)
pi following this page (pages through )
0 this schedule is not applicable
Page 32 of 32
PSA_CCNA Single Project Agreement_Ver.4
A;a
DATE(MM/DD/YYYY)ACoR® CERTIFICATE OF LIABILITY INSURANCE
12/22/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Yantza SOtO
BKS Partners PHONE FAX
P.O. Box 60043 A/c.No.Ext):239-931-3021 A/c,No):239-931-5604
Fort Myers FL 33906-6043 ADDRESS: yaritza.soto@bks-partners.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:American Casualty Company of R 20427
INSURED JOHNS05
INSURER B:The Continental Insurance Co 35289
Johnson Engineering, Inc.
PO Box 2112 INSURER C:Valley Forge Insurance Company 20508
Fort Myers FL 33902-2112 INSURER D:Continental Casualty Company 20443
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2015693653 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR
POLICY NUMBER
POLICY EFF POLICY EXP
LIMITSLTRJNSD_WVD JMM/DD/YYYY1 (MM/DDIYYYY)
A X COMMERCIAL GENERAL LIABILITY Y 4027219232 9/15/2021 9/15/2022 EACH OCCURRENCE 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000
MED EXP(Any one person) $15,000
X xcu PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY X jE X LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER:
D AUTOMOBILE LIABILITY 5084100207 9/15/2021 9/15/2022 COMBINED SINGLE LIMIT $1,000,000Eaaccident)
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X
HIRED
X
NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
X pip PIP 10,000
B X UMBRELLA LIAB X OCCUR 4034928401 9/15/2021 9/15/2022 EACH OCCURRENCE 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000
DED X RETENTION$1 n tttltt
C WORKERS COMPENSATION WC434939852 9/24/2021 9/24/2022 X MUTE
EMPLOYERS'LIABILITY Y/N
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A
E.L.EACH ACCIDENT 1,000,000
OFFICER/MEMBER EXCLUDED?
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Contract#:21-7881 Design Services for Old Lely Utilities Development
Collier County Board of County Commissioners is listed as additional insured with respect to general liability on a primary and noncontributory basis,as per
endorsement CNA75079XX and auto liability per form CA2028.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Commissioners
3295 Tamiami Trail East
Naples FL 34112
AUTHORIZED REPRESENTATIVE
14/ 4-e‘ W 1
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03)The ACORD name and logo are registered marks of ACORD
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037; or
B. additional insured coverage with"arising out of" language; or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract; or
B. a higher limit of insurance than required by the written contract.
s IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to
EEE add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX (10-16) Policy No: 4027219232
Page 1 of 2 Endorsement No: 8
AMERICAN CASUALTY CO OF READING,PA Effective Date: 09/15/2021
Insured Name: JOHNSON ENGINEERING, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
JOHNENG-01 LHAMPTON
4 RL. CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
12/28/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
JCJ Insurance Agency,LLC HONE
A/C,No 445-10762208HillcrestStreetA/c,No,Exq: (321 445-1117 321)
E-MAILOrlando,FL 32803 MAIL ;certs@jcj-insurance.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Berkley Insurance Company 32603
INSURED INSURER B:
Johnson Engineering,Inc.INSURERC:
2122 Johnson St. INSURER D:
Fort Myers, FL 33901
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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
TYPE OF INSURANCE iADDL SUBR''
POLICY NUMBER
POLICY EFF POLICY EXP
LIMITSLTRINSDIWVDMM/DD/YYYYI IMM/DD/YYYYI
COMMERCIAL GENERAL LIABILITY I..EACH OCCURRENCE
CLAIMS-MADE ,
I
OCCUR DAMAGE TO RENTED
I PREMISES(Ea occurrence) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $
PRO1-POLICY j JECT LOC PRODUCTS-COMP/OP AGG $
OTHER:
A
COMBINED SINGLE LIMIT
AU LIABILITY Ea accident)
ANY AUTO BODILY INJURY(Per person) $
t OWNED SCHEDULED
ONLY _ AUTOS_ AUTOS BODILY INJURY(Per accident) $
HIRED NON-OWNED 1 PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident) _ $
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB 1 1 CLAIMS-MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY
PER OTH-
Y/N
STATUTE ER _
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? N/A
Mandatory in NH)
If yes,describe under
E.L.DISEASE-EA EMPLOYEE( $
DESCRIPTION OF OPERATIONS below
1 E.L.DISEASE-POLICY LIMIT l $
A Professional Liab AEC-9047720-06 19/15/2021 9/15/2022 Per Claim 2,000,000
A Pollution Liab AEC-9047720-06 9/15/2021 9/15/2022 ';Aggregate 2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Design Services for Old Lely Utilities Improvement
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier CountyBoard of CountyCommissioners
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Procurement Services Division
3295 Tamiami Trail East,C-2
Naples, FL 34112 AUTHORIZED REPRESENTATIVE
oefa,/
ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DIVISION OF CORPORATIONS
N Ds`is31r rt of
I
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40,00 an official nae u[Florida wehsire
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Profit Corporation
JOHNSON ENGINEERING, INC.
Filing Information
Document Number 322710
FEI/EIN Number 59-1173834
Date Filed 11/03/1967
State FL
Status ACTIVE
Last Event CORPORATE MERGER
Event Date Filed 03/05/2018
Event Effective Date NONE
Principal Address
2122 JOHNSON STREET
FORT MYERS, FL 33901
Changed: 03/17/2008
Mailing Address
PO BOX 1550
FORT MYERS, FL 33902
Changed: 03/11/2009
Registered Agent Name&Address
HOWARD, LONNIE V
2122 JOHNSON ST
FT MYERS, FL 33901
Name Changed: 03/08/2012
Address Changed: 03/17/2008
Officer/Director Detail
Name&Address
Title President, Director
Howard, Lonnie V