The URL can be used to link to this page

Agenda 12/12/2023 Item #16C 5 (Award request for Professional Services to Jacob Engineering Group, Inc.)12/12/2023 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services (“RPS”) No. 22 -8011, “Design Services for Wilson Blvd Wellhouse & Infrastructure Improvements,” to Jacobs Engineering Group Inc., in the amount of $1,140,019, and authorize the Chairman to sign the attached Agreement. (Project Number 70085) OBJECTIVE: To obtain professional engineering design and construction phase services for the Wilson Boulevard Wellhouse & Infrastructure Improvements Project. CONSIDERATIONS: The Collier County Transportation Engineering Division is planning to complete a road widening project on Wilson Boulevard from Golden Gate Boulevard (CR 876) to Immokalee Road (CR 846). The proposed project will widen the current two-lane undivided roadway to a four-lane divided roadway with curb and gutter. The proposed road-widening project will impact a portion of the Collier County Water Sewer District’s Tamiami Wellfield. There are twelve existing Tamiami wells and a 24-inch raw water main and associated infrastructure within and adjacent to the roadway widening project area. Those wells account for fifteen percent (15%) of the total fresh raw water being delivered to two regional water treatment plants. The existing raw water main will need to be replaced with a new raw water main located adjacent to the proposed westerly right of way line of Wilson Boulevard in the project area. Improvements at each wellhouse or well vault shall include, but not be limited to, connecting the existing well piping to the new raw wate r main, wellhouse/well vault site improvements, and electrical/SCADA improvements. This project will provide for the design and construction phase services of the proposed Tamiami Wellfield improvements necessary for the widening of Wilson Boulevard. On June 9, 2022, the Procurement Services Division posted RPS No. 22-8011, “Design Services for Wilson Boulevard Wellhouse & Infrastructure Improvements,” and received one responsive and responsible proposal by the September 8, 2022, submission deadline. On December 13, 2022 (Agenda Item 16.C.13), the Board authorized staff to negotiate an agreement with Jacobs Engineering Group Inc. (“Jacobs”). Staff commenced negotiations with Jacobs on January 27, 2023. Jacobs originally presented a proposal in the amount of $1,306,606, which staff negotiated down to $1,140,019 following a series of negotiation sessions coordinated by the County’s Procurement Services Division. Staff recommends that the Board approve the attached Agreement with Jacobs in the negotiated amou nt of $1,140,019, to provide the detailed scope of engineering services set forth therein for the Project. The Board's approval of this item will also be an acknowledgement of the cost reasonableness of the contract amount based upon staff's competitive negotiation as required by the Consultants Competitive Negotiations Act, Florida Statute §287.055. Jacobs Engineering Group has been in business since 1995 and has extensive experience working on Collier County projects over the past 20 years. Jacobs has recently completed design services for Collier County’s Vanderbilt Beach Road Extension and completed the Wilson Boulevard Widening and Randall Boulevard Corridor Planning Studies. FISCAL IMPACT: Funding in the amount of $1,140,019 is available under project number 70085, Water User Fee Capital Project Fund 4012. 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: That the Board award RPS No. 22-8011, “Design Services for Wilson Blvd Wellhouse & Infrastructure Improvements,” to Jacobs Engineering Group Inc., in the amount of $1,140,019, and authorize the Chairman to sign the attached Agreement. 16.C.5 Packet Pg. 1920 12/12/2023 Prepared by: Liz Gosselin, Project Manager II, Public Utilities Engineering & Project Management Division ATTACHMENT(S) 1. [Linked] 22-8011 VendorSigned_ JacobsEngineeringGroup (PDF) 2. 22-8011 COI_JacobsEngineeringGroupInc (PDF) 16.C.5 Packet Pg. 1921 12/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doc ID: 27006 Item Summary: Recommendation to award Request for Professional Services (“RPS”) No. 22-8011, “Design Services for Wilson Blvd Wellhouse & Infrastructure Improvements,” to Jacobs Engineering Group Inc., in the amount of $1,140,019, and authorize the Chairman to sign the attached Agreement. (Project Number 70085) Meeting Date: 12/12/2023 Prepared by: Title: Associate Project Manager – Engineering and Project Management Name: Liz Gosselin 11/09/2023 6:33 PM Submitted by: Title: Director – Engineering and Project Management Name: Matthew McLean 11/09/2023 6:33 PM Approved By: Review: Water Pamela Libby Additional Reviewer Completed 11/13/2023 10:16 AM Public Services Department Todd Henry Level 1 Department Review Skipped 11/13/2023 10:27 AM Engineering and Project Management Benjamin Bullert Additional Reviewer Completed 11/14/2023 8:36 AM Water Howard Brogdon Additional Reviewer Completed 11/14/2023 12:21 PM Public Utilities Operations Support Katrina Lin Additional Reviewer Completed 11/14/2023 3:22 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/15/2023 8:37 AM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 11/15/2023 3:57 PM Capital Project Planning, Impact Fees, and Program Management Leeann Charles Additional Reviewer Completed 11/15/2023 4:15 PM Engineering and Project Management Matthew McLean Additional Reviewer Completed 11/15/2023 5:00 PM Public Utilities Department Mary Linhard Additional Reviewer Completed 11/16/2023 8:55 AM Procurement Services Sandra Herrera Procurement Director Review Completed 11/16/2023 1:29 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/17/2023 11:38 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/17/2023 1:54 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/17/2023 2:14 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/17/2023 2:31 PM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 11/19/2023 9:19 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 11/21/2023 8:38 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/04/2023 8:53 AM Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM 16.C.5 Packet Pg. 1922 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 22667 X A A 1,000,000 LIC #0437153 1,000,000 5,000 X Collier County Board of County Commissioners 69832107 69832107 Los Angeles, CA 90071 EON G21655065 014 3295 Tamiami Trail E. 1-212-948-1306 USA 1,000,000 10/02/2023 X X 500,000 HDO G47339273 ACE AMER INS CO nyumdo_newgalexy 07/01/24PROFESSIONAL LIABILITY PER CLAIM/PER AGG 07/01/24 1,000,000 Naples, FL 34112 CIRTS_Support@jacobs.com Marsh Risk & Insurance Services A 1,000,000 X 500,00007/01/23 633 W. Fifth Street 07/01/23 CONTRACTUAL LIABILITY 555 South Flower Street, Suite 3200 C/O Global Risk Management 07/01/24 N A 1,000,000 ISA H10736262 A A Jacobs Engineering Group Inc. 07/01/23 1,000,000 X Los Angeles, CA 90071 SCF C5071164A (WI) WCU C50711559 (OH)* WLR C50711481 (AOS) 07/01/23 07/01/23 07/01/23 1-212-948-1306 2,000,000 07/01/24 07/01/24 07/01/24 includes the severability of interests/Cross Suits Liability provision in favor of the holder. Designated Construction non-contributory. Waiver of subrogation is hereby granted in favor of cert holder for WC. General Liability coverage Liability and Auto Liability insurance policies are primary and the certificate holder's insurance is excess and insured in the performance of insured's services to cert holder under contract for captioned work. The General Board of County Commissioners is added as an additional insured for general liability as respects the negligence of the Infrastructure Improvements. CONTRACT NUMBER: 22-8001. CONTRACT END DATE: 2028-03-31. SECTOR: Public. Collier County PROJECT MGR: Diana Francois. CONTRACT MGR: Leanne Andersen. RE: Design Services for Wilson Blvd Well House & 16.C.5.b Packet Pg. 1923 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) SUPP (05/04) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE NAME OF INSURED: Additional Description of Operations/Remarks from Page 1: Additional Information: 10/02/2023 Jacobs Engineering Group Inc. *$2,000,000 SIR FOR STATE OF: OHIO CONDITIONS, AND LIMITS AGREED TO UNDER THE APPLICABLE CONTRACT.* AND LIMITS PROVIDED UNDER THIS CERTIFICATE OF INSURANCE WILL NOT EXCEED OR BROADEN IN ANY WAY THE TERMS, Project(s) General Aggregate Limit Endorsement applies to the General Liability coverage. *THE TERMS, CONDITIONS, 16.C.5.b Packet Pg. 1924 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1925 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1926 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1927 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 07-01-2023 3200 16.C.5.b Packet Pg. 1928 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1929 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1930 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1931 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1932 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 07-01-202307-01-2023 3200 16.C.5.b Packet Pg. 1933 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1934 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) 16.C.5.b Packet Pg. 1935 Attachment: 22-8011 COI_JacobsEngineeringGroupInc (27006 : Wilson Raw Water Main Relocation) PROFESSIONAL SERVICES AGREEMENT Contract # 22-8011 for Desian Services for Wilson Blvd Well House & Infrastructure Improvements THIS AGREEMENT is made and entered into this day of , 20 23 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 Jacobs Engineering Group Inc. authorized to do business in the State of Florida, whose business address is 1999 Brvan Street, Dallas, TX 75201 (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 Wilson Blvd Well House & Infrastructure Improvements (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287,055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and, WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. Page 1 of30 PSA_CCNA Single Project Agreeniem [2022_ver.I] CAO 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 Diana Francois, P.E. a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: Public RecordRe uest colliercount f I.q ov The Contractor must specifically comply with the Florida Public Records Law to: Page 2 of 34 PSA_CCNA Single Project Agreement [2022_ver.I I CAO 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph, CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 of 30 PSA_CCNA Single Project Agreement [2022_ver.1] CAO 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein, The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. Page 4 of 30 PSA_CCNA Singke Project Agreement [2022_ver.1] C AO 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2,1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; Page 5 of'34 PSA_CCNA Sing3e Project Agreement 12022_ver. 11 C A_O d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. Page 6 of3Q PSA_CCNA Singtc Project Agreement 12022 ver,]] CAO ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials {Apricing m,,.eyt��h;,o,,d�o�,llo�g+y specified in paragraph 5.1 above. ❑ 6�a F+mde�T-he449 Fly Fates ego+ f$ftI" C!Y'I�CI 1ti F7Cd4n-9Ghe J'LY e-B 'V h0 at[aeh heFek) afe f"UfPGGElG y he gFantgen '(may. 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. Pale 7 a`34 PSA_CCNA Single Project Agreement J2022_ver. t I CAO ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. Page 8 of 30 PSA CCNA Single Project Agreement [2022_ver. I CA O 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project, 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1, The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY, The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 of 30 PSA_CCNA Single Project Agreement [2022_ver.I ] CAO CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsuitant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third -party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of Page 10 of 30 PSA CCNA Single Project Agreement [2022_ver. I ] CA.0 the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (1) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287,055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Page 1 i of 30 PSA_CCNA Single Project Agreement [2022_ver. ] ] (""4 0 Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Engineering & Project Management Division Director: Matthew McLean Address: 3339 Tamiami Trail East Suite 303 Naples, Florida 34112 Administrative Agent/PM: Liz Gosselin Project Manager II Telephone: 239 252-1037 E-Mail(s): Liz. Gosselin colliercount fl. 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: Jacobs Engineering Group, Inc. Address: 9010 Strada Steil Court Unit 108 Naples, Florida 34109 Page 12 of 30 PSA_CCNA Single Project Agreement [2022_ver.I I CAO Attention Name & Title: Ellen B. Patterson VP 1 Diana Francois PM Telephone: (239) 596-17151(239) 431-4922 E-Mall(s): Ellen. Patterson@jacobs.com 1 Diaria.Francois@jacobs.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing, 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: NIA Solicitation # 22-8011 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 of 30 PSA_CCNA Single Project Agreement [2022_ver. t] C AO�� 17.10. Grant Funded Pro'ects(only applicable to Grant funded ro'ects : In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CCNA Single Project Agreement [2022_ver. I ] C, , () ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sec. and regulations relating thereto, as either may be amended, as well as the Florida state law requirements set forth in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. [Signature page to follow this page] *****Remainder of page intentionally left blank****** Page 15 of 30 PSA_CCNA Single Project Agreement [2022_ver,Q CAO IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: By: Date: Rick LoCastro , Chairman Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: Witn �� rS Name and Vi& ,�-m�� ,;kC b ` Wit I '+ �G Lccl 14S . 4C'[i'V1I I� Name and Title Consultant: Jacobs Engineering Group Inc. -Elk!gn f§fw . Vim `1 tr,Aat-+ Name and Title Page 16 of 30 PSA_CCNA Single Project Agreement (2022_ver.1 ] CA SCHEDULE A SCOPE OF SERVICES 17 following this page (pages _ through Page 17 of 30 PSA_CCNA Single Project Agreement [2022_ver.I] CAA Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" SCHEDULE A SCOPE OF SERVICES SCOPE OF PROFESSIONAL SERVICES Jacobs Engineering Group Inc. Revised; 9/13/2023 Project Background The Collier County Transportation Management Services Department is currently planning to widen 3.2 Miles of Wilson Boulevard from Golden Gate Boulevard to Immokalee Road, from a two-lane, undivided roadway to a multi -modal four -lane divided roadway with curb and gutter, bike lanes, a sidewalk on west side, a shared -use pathway on the eastside, and bus stops enhancements. The roadway widening project proposes a 165-foot typical section, requiring an additional 30 feet along the western ROW casement. The Wilson Boulevard Widening Project will impact the existing wellhouse infrastructure along Wilson Boulevard including the existing 24 Inch Raw Water Main, Electrical, SCADA and access. In early 2022, Jacobs Engineering Group, Inc. (CONSULTANT) performed the Tamiami Wellfield Wilson Boulevard Widening Impact Study. The Study evaluated the Wilson Boulevard widening project's potential impact on the existing wells along Wilson Boulevard Numbers 9, 10, 11, 12, 13, 14, 15, 16, 37 and those connected along side streets — Numbers 31, 32 and 34. The Study evaluated the wells and conveyance piping, as well as associated electrical and SCADA. The goal of this project is to relocate approximately 2.50 miles of the existing raw water main, fiber optic conduits, and electrical conduits, from Well 937 (northern limit) to Well 99 (southern limit), develop a construction phasing plan to reconnect the existing wells to the new raw water main with minimal disruption to service and relocate below ground piping associated with raw water wells 9, 10, 12, 13, 15, 16 and those connected along side streets —Numbers 31, 32 and 34 to above ground. The project will also replace the existing aerial crossing of the Curry Canal with a sub -aqueous crossing and replace the underground crossing at Golden Gate Boulevard (method Open Cut Vs. Directional Drill). Under this Task Order, Jacobs will develop drawings and specifications for the County to bid the work, submit permit applications as required and assist Page 1 of 17 Schedule A -- Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" during the bidding and construction phases. The project will be combined with the Wilson Boulevard Roadway Widening Project and will be Bid as one project. SCOPE OF WORK: 1. Preliminary Engineering Design TASK 1.1— Project Start-up Initial Kick -Off and Progress Meetings — CONSULTANT will organize an initial kick-off meeting with Public Utilities Department (PUD) staff to review the project scope, project objectives/goals, project standards and project schedule for completing the work. CONSULTANT shall prepare a project agenda and written meeting minutes summarizing the discussion and the project action plan. CONSULTANT will also attend monthly progress meetings (in person or virtual) during the design phase of the project. The duration of the design is estimated to be 24 months. Utility Master Plans — CONSULTANT will review the PUD utility master plans prior to the kick- off meeting to determine if any master plan work is required in or around the project area. Should any master plan work be required in addition to the 24-inch raw water main relocation, these will be considered additional services and will be negotiated with the COUNTY. Initial Project Timeline — CONSULTANT will prepare an initial project timeline and submit to PUD staff at the Initial Kick -Off Meeting. CONSULTANT team shall update the schedule monthly throughout the duration of the project and shall provide a copy of the updated schedule to PUD staff at their request. Note: Utility project schedule will be coordinated with the roadway widening project schedule to ensure efficient delivery of the projects. Meetings: • Kick-off Meeting at PUD Office Deliverables: • Kick-off meeting agenda • Kick-off meeting summary for each meeting (PDF) • Monthly schedule updates Assumptions: • PUD staff will provide a copy of the Utility Master Plans within one week of issuing the Page 2 of 17 Schedule A — Scope of Services Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure improvements" NTP, Task 1.2 Surveying Services CONSULTANT will retain the services of a professional surveying firm, SUBCONSULTANT to perform well site topographic design surveys. SUBCONSULTANT will collect topographic survey information at the existing wells sites along Wilson Boulevard Numbers 9, 10, 11, 12, 13, 14, 15, 16, 37 and those connected along side streets — Numbers 31, 32 and 34. Elevations and location of well site information shall be obtained within 25 feet of the existing well sites and data will be collected on an approximate 5-foot grid, as applicable. The horizontal data will be in feet and shall be projected on the Florida State Plane Coordinate System, East Zone, North American Datum of 1983 (2011 adjustment). The vertical data will be in feet and shall be referenced to the North American Vertical Datum 1988 (NAVD88). TASK 1.3 - Geotechnical Investigation CONSULTANT will retain the services of a professional geotechnical engineering firm, SUBCONSULTANT to provide a geotechnical data report (GDR) that includes soil boring and laboratory testing results. A total of 15 soil borings are to be performed along the proposed raw water main (in close proximity to the side streets and raw water well vaults/houses) at a depth of 10 feet. Soil sampling will include driving SPT samples in accordance with ASTM D1586. Additionally, a total of 4 soil borings will be performed to a depth of 50 feet below ground surface on either side of the Cypress Canal and Golden Gate Boulevard. Soil sampling for these deep borings will be completed per ASTM D1586. The geotechnical engineering firm will collect soil and water samples for corrosion series tests, including resistivity and pH determinations and will perform laboratory test on selected representative soil samples, including grain -size analyses, organic content, Atterberg limits, unconfined compressive strength of rock, and moisture content. The geotechnical firm will also install a piezometer at each location of a trenchless crossing. The GDR will contain the factual subsurface data including: the boring logs, detailed laboratory results sheets, and a summary and statistical analysis of the laboratory data. The purpose of this assessment is to collect the relevant subsurface data into a single document that the bidders may use in coordination with the Engineering plans and specifications while preparing their bids. Page 3 of 17 Schedule A -- Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" Meetings: Field Meeting(s) to review proposed Boring Locations Deliverables: • Final Geotechnical Data Report Assumptions: • None. TASK 1.4 — Soft Dig Investigation CONSULTANT will retain the services of a professional SUE firm, SUBCONSULTANT to perform an investigation to determine existing utilities within S feet on either side of the proposed raw water main alignment. This task will include the following activities: • Meet with PUD staff to review and propose soft dig locations and once agreed upon, provide an exhibit of the soft dig locations. • Meet with PUD Staff on -site to review procedures to complete the soft dig investigations. • Perform up to fourteen (14) soft digs, 10 foot trench locations, on either side of the proposed raw water main alignment. • Perform up to ten (10) soft digs, 3 foot trenches at location to be determined, on existing utilities within the project area to include horizontal and vertical location of existing utility pipe, type of utility pipe, size of utility pipe, and utility pipe material if possible based on field conditions. SUBCONSULTANT will call 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. Excavation will be to a depth of approximately six feet. • Field mark existing utilities found either by wooden lathes or by marking on the pavement (paint). • A photograph of the uncovered utilities with the size and material will be provided, if possible based on field conditions, with a data file listing state plane coordinates and NAVD88 elevations. • SUBCONSULTANT shall repair all excavation holes in the natural ground to a condition as equal to or better than the original condition. Page 4 of 17 Schedule A — Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" Meetings: • Field Meeting(s) to review proposed SUE Locations Deliverables: • CONSULTANT 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 . Assumptions: • The roadway widening project will be obtaining SUE data at the intersection of Wilson Boulevard and Golden Gate Boulevard which will be sufficient for any potential crossing (open out or directional drill) of Golden Gate Boulevard. Deliverables: • CONSULTANT shall provide an AutoCad file (dwg format - version 2020 or greater) of the topographic design survey information of well sites in the project area to PUD and GMD Staff. Assumptions: The roadway widening project will be obtaining survey information which will be sufficient to establish right-of-way or easement information adjacent to the well sites. TASK 1.5 - 30% Plans Preparation As pant of the 30% design phase, CONSULTANT shall develop a Basis of Design Report (BODR) to document the purpose, assumptions, design criteria to be used throughout the execution of the design. The BODR will include preliminary bypass requirements, establishment of connection points for existing facilities, a presentation of two trenehless methods for subaqueous instal lation of the force main at the Cypress Canal and at Golden Gate Boulevard, construction sequence restrictions and site usage. CONSULTANT shall also develop 30% design plans detailing the plan view only of the proposed raw water main (approximately 2.5 miles) within the project area along with new connections from existing raw water wells, the fiber optic conduits and electrical conduits to be relocated, and preliminary storm water, site civil and drainage improvements. Note: Site access requirements will be coordinated with PUD staff. Considerations include: Driveway access, rear access to well houses, sidewalk access, maintenance access (cranes/equipment/etc). The plans will incorporate record drawings collected as part of the previous tasks and the soft dig investigation, the boundary and topographic survey, pertinent geotechnical information, and the aerial photo in the Page 5 of 17 Schedule A -- Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" background. CONSULTANT shall provide a list of specifications to be included in subsequent design phases. CONSULTANT shall prepare an Engineer's Opinion of Probable Construction Cost. The 30% documents will also include a plan view of wellheads and associated piping currently located in below ground vaults to be raised above ground. Those raw water wells are Numbers 9, 10, 12, 13, 15, 16 and those connected along side streets — Numbers 31, 32 and 34. The scale of the drawings depicting the well sites will be 1 "=20'. The design work required for the reconfiguration includes a reconfiguration of the site to include appropriate grading and drainage, a new concrete pad, the relocation of the piping and valves above grade including appropriate supports, the rerouting of fiber and electrical conduits. The well pumps will remain constant speed pumps and the controls for the above mentioned wells will remain at well houses I 1 and 14. CONSULTANT shall organize and conduct a 30% plan review meeting with PUD staff to discuss the preliminary construction plans and shall revise the construction plans as required to reflect PUD comments. Meetings: • 30% Design Review Workshop Deliverables: • 30% Plan submittal — PDF and four (4) hard copies (I 1 x 17) Decision/comment log compiling all comments provided by COUNTY Staff • Engineer's Opinion of Probable Construction Cost Assumptions: • The 30% plans will not include a profile view of the proposed wellhead piping or of other infrastructure to be relocated. Meetings: • 30% Design Review Workshop Deliverables: • 30% Plan submittal -- PDF and four (4) hard copies (11 x 17) • Decision/comment log compiling all comments provided by COUNTY Staff Page 6 of 17 Schedule A — Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" • Engineer's Opinion of Probable Construction Cost Assumptions: • The 30% plans will not include a profile view of the proposed raw water main or of other infrastructure to be relocated. + The 24-inch internal diameter of the raw water main is adequate for current and future flows projected by Collier County. 2. Design 2.1— Final Design and Permitting Phase 60% Design Documents Based on the accepted 30% construction plans, CONSULTANT will prepare 60% drawings (Scale 1 "=50') and specifications, which provide the general scope, extent, and character of the work to be furnished, and performed by the Contractor. The 60% Design Drawings will depict the proposed raw water main (vertical and horizontal alignment) within the project area along with new connections from existing raw water wells, up to two trenchless crossings, the fiber optic conduits and electrical conduits to be relocated, storm water, site civil and drainage improvements in both plan and profile views. The 60% design drawings will also include plan and profile views of the piping to be relocated from below ground to above ground at raw water wells 9, 10, 12, 13, 15, 16, 31, 32 and 34. The drawings for the well sites will be at a scale of 1 "=20'. CONSULTANT shall meet with PUD's design and operations staff and obtain their written acceptance (signature approval) of the work completed to date. CONSULTANT will coordinate with the Wilson Boulevard Roadway Widening project. CONSULTANT will provide the utility plans for incorporation into the roadway project documents. CONSULTANT shall utilize existing COUNTY's specifications. Note: CONSULTANT will prepare technical specifications (if required for items not included in COUNTY specifications). In addition to technical specifications, CONSULTANT will coordinate with PUD staff to develop necessary General Conditions, Supplemental Conditions, and Special Provisions Specifications specifically for the project being constructed and recollection of all lessons learned of similar completed projects. The drawings and project specifications, developed by CONSULTANT shall be consistent with Collier County standards, including, the following: + Cover sheet, index, and key map Page 7 of 17 Schedule A — Scope of Services Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" • Civil Site Plan including fencing, drainage and sidewalk, etc. • Existing Conditions map • Erosion Control Plan • Demolition Plan (removal of existing raw water main and associated infrastructure) • Phasing plans for raw water main relocation and operation • Infrastructure Plan and Profile Sheets • Plan and Profile Sheets for the Trenchless crossings • Electrical Plan Sheets • SCADA Plan Sheets • Civil, Mechanical, Electrical and SCADA Details • Wellhouse Modifications CONSULTANT shall prepare an Engineer's Opinion of Probable Construction Cost Estimate. CONSULTANT shall organize and conduct a 60% design review meeting with PUD staff to discuss the 60% drawings and specifications. Meetings: • Meeting to review draft 60% drawings and specifications • Up to 2 coordination meetings with the COUNTY's Transportation Department Deliverables: • 60% Drawings and Specifications - PDF and four (4) hard copies (1 I x 17) • Updated decision/comment log compiling all comments provided by COUNTY Staff • Engineer's Opinion of Probable Construction Cost Assumptions: Landscaping and irrigation design is not included as part of this scope of services and will be considered additional services if required. 90% Design Submittal CONSULTANT will develop 90% design drawings and specifications that will incorporate adjudicated comments obtained from the 60% Design Review Workshop and include: a. Updated horizontal (Scale 1"=50') and vertical alignments for proposed raw water main, fiber optic conduits, electrical conduits. b. Updated plan and profile view of piping associated with raw water wells 9, 10, 12, 13,15, Page 8 of 17 Schedule A — Scope of Services Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" 16, 31, 32 and 34, including site civil plans and details. The drawings for the well sites will be at a scale of 1"=20'. c. Updated utility plans, details, quantities. d. Updated site civil plans and details c. Updated technical specifications f. Updated Engineer's Opinion of Probable Construction Costs Meetings: • Meeting to review draft 90% drawings and specifications • Up to 2 coordination meetings with the COUNTY's Transportation Department Deliverables: • 90% Drawings and Specifications, PDF and four (4) hard copies (I I x 17) Updated decision/comment log compiling all comments provided by COUNTY Staff • Engineer's Opinion of Probable Construction Cost Assumptions: A Development Order/Limited Development Order will not be required for the work to be performed at the wells. An Environmental Resource Permit and Section 404 Permit are not required because the well sites are already developed and no additional wetland will be impacted. Permitting At the 90% design phase, CONSULTANT shall prepare a permit application for the raw water main and work at the raw water wells for submittal to the Florida Department of Environmental Protection (FDEP) and provide backup documentation including drawings and specifications. Permitting fees will be paid by CONSULTANT and reimbursed by the COUNTY. Due to the fact that the project will be constructed along with the Wilson Boulevard Widening Project, a separate Right of Way permit is not anticipated. The Contractor will be made responsible for the dewatering permit fi-om the South Florida Water Management District. Meetings: • One (1) preapplication meeting with permitting agencies Page 9 of 17 Schedule A -- Scope of Services Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" • One (1) meeting to review permit application with PUD Deliverables: • Permit application and supporting documents to the FDEP Assumptions: • Right of Way Permit application for submittal to the South Florida Water Management District (SFWMD) - Big Cypress Basin will be prepared by the roadway design consultant. • Permitting for the subaqueous crossing is part of this project. • CONSULTANT staff will attend one pre -application meeting with the FDEP and one meeting with PUD. 100% (Bid) Documents CONSULTANT will develop 100% design drawings and specifications (or Ready for Bid Documents) that will incorporate adjudicated comments obtained from the 90% Design Review Workshop and from the permitting agencies such as FDEP and SFWMD: • Finalized horizontal (Scale 1"=50') and vertical alignments for proposed raw water main, fiber optic conduits, electrical conduits. • Finalized plan and profile view of piping associated with raw water wells 9, 10, 12, 13, 15, 16, 31, 32 and 34, including site civil plans and details. The drawings for the well sites will beat a scale of 1"=20'. • Finalized utility plans, details, quantities. • Finalized site civil plans and details • Finalized technical specifications • Finalized Engineer's Opinion of Probable Construction Costs • Present and review them in person with PUD staff in accordance with the project schedule and make appropriate changes as requested. Meetings: • 100% Design Review Meeting Deliverables: • Draft 100% Drawings and Specifications — PDF and four (4) hard copies (11 x 17) • Final (Bid Ready) Drawings and Specifications — PDF and four (4) hard copies (I I x 17) Page 10 of 17 Schedule A — Scope of Services CA O Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure ILnprovements" Assumptions: • N/A Task 2.2 Bidding and Award Phase It is assumed that this project will be bid with the Wilson Boulevard Roadway Widening project as one project. CONSULTANT will assist the County with the following: a. Respond to bidders' questions, prepare addenda, interpret, clarify, or expand the bidding documents, as required. b. Attend and participate in the pre -bid meeting. c. Consult with and 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 in accordance with bidding documents. d. 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 bidding documents. e. Attend the bid opening, review bids, qualifications. Meetings: • Pre -bid Meeting • Bid Opening Meeting Deliverables: • Response to RFIs Assumptions: The COUNTY will be responsible for setting the bid opening date; advertisement of the bid; producing, developing, and distributing all the necessary procurement documents for the Project; and scheduling and conducting the pre -bid meeting. Task 2.3 Public Involvement during Design Phase It is assumed that this project will be presented to the public along with the Wilson Boulevard Roadway Widening project and public involvement activities will be done as part of the Rodway Page 11 of 17 Schedule A — Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" project's Public Involvement efforts. Two public meetings are planned. CONSULTANT staff will be present to answer any utility related questions during the public involvement meetings. Meetings: • Participation in two Public Involvement meetings Deliverables; • Presentations and documents for Public Involvement meetings. Assumptions: • None 3. Post Design Services Task 3.1— Construction Administration a. Pre -Construction Meeting - Once the COUNTY has issued Notice to Proceed to the selected Contractor, CONSULTANT will attend the pre -construction meeting to review the project scope, discuss project submittals and identify issues that need to be addressed prior to the project commencement. b. Construction Progress Meetings CONSULTANT will periodically attend progress meetings as requested to review project status and identify issues that may affect the project. c. Submittals/Shop Drawing Reviews - CONSULTANT shal I review, approve, or take other appropriate action of submittals, shop drawings, samples and other data which Contractor is required to submit. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Review of a specific item shall not indicate CONSULTANT has reviewed the entire assembly of which the item is a component. CONSULTANT shall not be required to review partial submissions or those for which submissions of correlated items have not been received. CONSULTANT shall maintain a complete log of all submittals of submittals/shop drawings, noting the dates of first submittal and subsequent reviews and resubmittals, and approval. CONSULTANT assumes a total of 20 shop drawings for this project. d. Or -Equal Materials - CONSULTANT shall evaluate and determine the acceptability of substitute, or "or -equal" materials and equipment proposed by Contractor. Page 12 of 17 Schedule A — Scope of Services CAC} Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" e. Project Schedule - 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. CONSULTANT shall monitor the schedule as required to ensure schedule compliance and after a review with the Contractor, advise the County Project Manager of any areas where the Contractor appears to be falling behind. f. Project Pay Applications - 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 CONSULTANT to PUD based on the construction inspector's on -site observations of the work in progress as an experienced and qualified construction professional and on 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 CONSULTANT's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents and that the Contractor is entitled or is not entitled to the payment of the amount recommended. CONSULTANT will process pay requests in accordance with the Florida Prompt Payment Act. g. Request for Information - CONSULTANT shall review and respond to all Requests for Information (BFI's) that the Contractor submits. If required, CONSULTANT shall prepare work directives as required to address any changes to the contract documents for issuance by the County Project Manager to the contractor. CONSULTANT shall maintain a complete log of all RFIs, noting the dates of first submittal and subsequent reviews and resubmittals, and approval. h. Change Orders & Work Directives - CONSULTANT shall prepare all Change Orders and Work Change Directives during the project for the County Project Manager's review and approval. i. Review the pre -construction video and pictures assessment book provided by the contractor. Generate a list of issues and submit to the County Project Manager no later than five (5) business days after receiving the materials from the contractor. j. Pert -nit Requirements — CONSULTANT shall monitor the construction contract to the extent necessary to determine whether construction activities violate the requirements of Page 13 of 17 Schedule A -- Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" any permits. CONSULTANT shall notify the Contractor of any violations or potential violations and require immediate resolution of the problem. k. Florida Department of Environmental Protection Certifications - CONSULTANT shall prepare and submit certification packages to the FDEP for the completed sections of the raw water system as applicable. 1, Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment," 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 CONSULTANT. All services related to the Final Construction Certification shall be provided to the County Project Manager. m. Asset Management Record Information — CONSULTANT shall provide all information in the electronic format stipulated by PUD staff required to populate the PUD's GIS and Asset Management system in place at the time of project completion. This will be limited to a CAD file of the raw water main and connections from existing raw water wells. n. Final Project Submittal - CONSULTANT shall provide PUD with one file, itemized, and indexed, of all projects related records at the conclusion of the Project. o. Record Documents shall be provided in accordance with the County's Utility Standards Manual. Meetings; • Preconstruction meetings Progress meetings Deliverables: * Preconstruction meeting agenda • Preconstruction meeting summary • Shop drawings review comments • Change Order review comments • Pay application review comments • FDEP Certification Letter • Final Construction Certification Letter • File of Project Related Records (Approved shop drawings, RFI responses, Change Orders) Page 14 of 17 Schedule A -- Scope of Services W1.141 Request for Professional Services (RPS) #22-901 1 "Design Services For Wilson Blvd Well House & Infrastructure Improvements" Assumptions: • CONSULTANT will not have a full timc inspector on the project during construction. Therefore, the record drawings and final construction certification letter will be based on mark ups and daily reports provided by the CONTRACTOR and COUNTY inspector. Task 3.2— Public Involvement during Construction It is assumed that this project will be constructed along with the Wilson Boulevard Roadway Widening project. One public meeting during construction is planned. CONSULTANT staff will be present to answer any utility related questions during the public involvement meetings. Meetings: • Attendance to one (1) public meeting Deliverables: • Materials needed for participation in public mecting. Assumptions: N/A Task 4 — Additional Services If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish the agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services by the County's Project Manager. 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. An amount of $100,000 has been set aside to be used as authorized by the COUNTY's Project Manager. Assumptions: • NIA Page 15 of 17 Schedule A -- Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" Overall Work Order Assumptions: • FPL, CentuiyLink, Comcast, Summit Broadband and TECO People Gas will be responsible for designing and relocating their infrastructure that are within the expanded ROW. The modifications to raise the well heads at wells 9, 10, 12, 13, 15, 16 and those connected along side streets — Numbers 31, 32 and 34 will be bid, awarded and constructed as part of the raw water main relocation and roadway widening projects. Bid phase and construction services are assumed to be part of the raw water main relocation project. • The design of the retaining wall will be performed as part of the roadway widening project. • Client will be Furnishing Data/Information — CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information/data provided by the Client or other third parties without independent verification. Additional effort by CONSULTANT due to invalid data or information provided by the Client or others, may result in the need for Additional Services. • Providing Construction/Cost Estimate - in providing opinions of cost, financial analyses, economic feasibility projections, for the project, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that Client's actual project costs, financial aspects, economic feasibility, will not vary from CONSULTANT's opinions, analyses, projections, or estimates and CONSULTANT shall have no liability for such variances. * On -Site Services During Construction - The presence or duties of CONSULTANT' personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or CONSULTANT's personnel in any way responsible for those duties that belong to Client and/or the construction contractor or other entities, and do not relieve the construction contractor or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work Page 16 of 17 Schedule A — Scope of Services CAO Request for Professional Services (RPS) #22-8011 "Design Services for Wilson Blvd Well House & Infrastructure Improvements" in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. • CONSULTANT and CONSULTANT's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except CONSULTANT' own personnel. • The presence of CONSULTANT's personnel at a construction site is for the purpose of providing to Client a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). CONSULTANT neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents, Geotechnical Services/Unknown Subsurface Conditions - In soils, foundation, groundwater, utilities, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total project cost and/or execution. These conditions and costlexeeution effects are not the responsibility of CONSULTANT. Page 17 of 17 Schedule A -- Scope of Services CAO 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. Taskslitem Description Lump Sum Time and Materials Not -To -Exceed 1.1 Project Start-up $ $30,596 1.2 Surveying Services $ $27,644 1.3 Geotechnical Investigation $ $47,123 1.4 Soft -dig Investigation $ $47,372 1.5 30% Plans Preparation $ $211,042 2.1 Final Design and Permitting Phase $ $592,540 2.2 Bidding and Award Phase $ $18,012 2.3 Public Involvement During Design $ $4,304 3.0 Construction Administration $ $57,082 3.2 Public Involvement during Construction $ $4,304 4 Additional Services $ $100,000 $ $ Page 18 of 34 PSA_CCNA Single Project Agreement [2022_ver, l ] ('11W $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ 0 Total Time and Materials Fee GRAND TOTAL FEE $1,140,019.00 $1,140,019 B.2.2. 0* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. Page 19 of 30 PSA_CCNA Single Project Agreement [2022_ver.I J CA O Rv.2v -trump-gym-Fees: T e foes noted iYFZ: eefiEin 2.4. Ghalinsti4rrJrrtute the4ump sum a{ e6o""e paid er-#1ae-PeFterFflan6e of the Basir, Sepwees. There s#aall t3 the fill I jT-Y'c nrief-w+ftenn-app�� . .' r l Slil3nlft, Mth-eaC-," the melt#ly status FepeFts pfevided-fe- of Seet4en 13.1.1 of this Scheduke B, aR- eiee for fens a ed in the-pefkwmaRee eff Basin Sewice annd Addif+eAal-Sew+ees- dud F}g44e—.tt3jest-biRin@-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 8.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: Page 20 of 30 PSA_CCNA Single Project Agreement t2022 ver. I J t_'A 0 B.34.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. 13 3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. [END OF SCHEDULE B] REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 21 of30 PSA CCNA Single Project Agreement [2022 ver.l] CAO SCHEDULE B — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $238 Senior Project Manager $201 Senior Technologist $190 Senior Engineer $175 Project Manager $165 Senior Planner $164 Engineer $136 Planner $130 Senior Designer $128 Designer $109 Senior Technician $102 Clerical/Administrative $73 Technician $83 Environmental Specialist $120 Senior Environmental Specialist $156 Scientist/Geologist $115 Senior GIS Specialist $149 GIS Specialist $114 Surveyor and Mapper $142 CADD Technician $95 Survey Crew - 2 Man $152 Survey Crew - 3 Man $185 Survey Crew - 4 Man $218 Mid -Level Engineer $156 SUE Crew $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. For Grant Funded Projects the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency, Page 22 of 30 PSA CCNA Single Prnjeel Agreement [2022_ver.II CA O SCHEDULE C PROJECT MILESTONE SCHEDULE Task/item Descri tp ion Number of Calendar Days For Completion of Task from Date of Notice to Proceed 1.1 Project Start-up 240 1.2 Surveying Services 240 1.3 Geotechnical Investigation 240 1 A Soft Dig Investigation 240 1.5 30% Plans Preparation 240 2.1 Final Design and Permitting Phase 900 2.2 Bidding and Award Phase 900 2.3 Public Involvement During Design 900 3.1 Construction Administration 1800 3.2 Public Involvement during Construction 1800 4 Additional Services 1800 Page23 of30 PSA_CCNA Single Project Agreement (2022_ver. t] CA O 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 subconsuitants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to Page 24 of 30 PSA_CCNA Single Project Agreement [2022_ver.I CAO purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( 0 ) are required by this Agreement. 10. FO-1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY, Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $ 'I ,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. J j - ❑ , 7 shall be maintained $ Per 4-2 ❑ Mao ime-Goverage (ion r. Ar,,t) 6hall be ma+n-tatned-Whe a Geerplet+on-of the we Fk Coverage sh.-.Il have minimum o f $ _ Meti G. ajmI FFen 13. [9 COMMERCIAL GENERAL LIABILITY. A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you. Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. Page 25 of'30 PSA_CCNA Single Project Agreement [2022_ver.1 ] CA.0 14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. �- ❑ Wat-erG rage--shall—be carried y—tk�c r—tl�e �m t le tha.1 il�e i`AmrneFG1 or,f I inhiliiti _li ,may, r� j SUBGONSULTANT in TTni't�"��Vt�r.'r7.r7�7'TLfTT1TfC�vmmG7�1�1C?C:Icr'CfT�G17i*T[r SUbpaFagFaph (1) a eve-i€a lalto the -eemplet+ea-e# h"erviee&+Hider1N&AgrF, 46- ❑ Aircraft Li i4ty—6overage--shaI be--sar+ied by th,e--GCW& I=T, ANTe &UBGGNSULTANTin !'F 6ts of not ", 00 eaGGHFFeaee if -appkmiWe to the een*etien of the GeWiW6 under this Ag eemeat. 17. A BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. ERRORS—�RA-Nv vwer-age--5 TgqfnnTTiT�7�iffn'Ii/T�T�TI/'CL7 ' ^ C n er--vocrn,z, 11JCr�': 4.9 ❑ ti�1ci1T ti�v�"v'r�i+rNC E. Gwrage sha! per _(3GUFFenCe. ❑ UMBRELLA LIABI ABRE AIIABIITY. n+oCONSULTANT A. Umbrella Liability�a_maintained ', and, se, sue"eial be xessh .leyeFs'Liabilit{.if mrneFGialGeneral Wab;14y, Auto T7iobLiability .ired I-.ereirnrun. �d `Cf"S. halIl include all erage&-e^-a-46IIoWmg-feffl:�' base- B : he--pe4ey shall e{3 in weFdong te the effeet that, T1it eevent of the •�,vr. x h aaan . ' J 4 Wd�Hi f#-dt!to the payment -of ralairms4;e-W bFella pelmey wtlI "app4j-ae-oniaFy l%UFaR 21. ❑■ PROFESSIONAL LIABILITY INSURANCE. A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Page 26 of 30 PSA_CCNA Single Project Agreenmit 12022_ver.II CA Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] Page 27 of 30 PSA_CCNA Single Project Agreement [2022_ver.1] C AO SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 267.055, Florida Statutes, Jacobs Engineering Group Inc. fcompany'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 Wilson Blvd Well House & Infrastructure Improvements "project" is accurate, complete and current as of the time of contracting. By D' • a acas Page 28 of 30 PSA_CCNA Single Project Agreement 12022_ vet.1] CAO SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time Diana F, Francois Senior Project Manager 9% Mike Stickley Senior Engineer (Overall QC Reviewer) 6% Robert Markin Senior Engineer (Trenchless SME) 3% Kevin Heldorfer Project Engineer 9% Tao Fu Senior Engineer (Mechanical SME) 10% Amy Barton Senior Designer (Mechanical Designer) 6% Tony Malone Senior Enqineer (Civil Enqineer) 11 % Omarlie John Senior Desiqner (Civil Designer) 14% Edqar Carrasco Senior Enqineer (Electrical Enqineer) 7% Felicia Kirby Senior Desiqner (Electrical Designer) 6% Cyrus Saharkhiz Senior Enqineer (I&C Enqineer) 7% Gary Messer Senior Desiqner (I&C Designer) 5% Andrew Finney Senior Engineer Geotechnical SME) 1 % Tim Loose Senior Planner 2% Vanessa Davis Clerical 1 % Jill Kaylor Planner 1% Erika Smith Senior Engineer 2% Page 29 of 30 PSA_CCNA Single Project Agreement [2022_ver.I] CAd Other: SCHEDULE G (Description) ❑ following this page (pages through ") 0 this schedule is not applicable Page 30 of 30 PSA_CCNA Single Project Agreement [2022_ver.I] CAO