Agenda 01/23/2024 Item #16B 1 (Design Services for Upper Gordon River Improvements with Johnson Engineering Inc)01/23/2024
EXECUTIVE SUMMARY
Recommendation to approve Amendment No. 1 to Agreement No. 20-7818, “Design Services for Upper
Gordon River Improvements,” with Johnson Engineering, Inc., to add design services for Section A of the
Upper Gordon River project scope of services in the amount of $387,477.32, to extend the term of the
agreement by 1,441 days, and authorize the Chairman to sign the attached amendment (Project 60102).
OBJECTIVE: To obtain approval of Amendment No. 1 to add design services for Section A of the Upper Gordon
River Improvements project in the amount of $387,477.32, and extend the time of project by 1,441 days under
Agreement No. 20-7818, “Design Services for Upper Gordon River Improvements,” with Johnson Engineering,
Inc.
CONSIDERATIONS: The Upper Gordon River Stormwater Management System requires improvements to
enhance the conveyance capacity of stormwater flow through the Gordon River to the receiving waters of Naples
Bay to reduce the potential for flooding in residential and commercial developments in the basin. This project
consists of professional engineering services for the design of several structures and actions, including but not
limited to, clearing of exotic vegetation, building a maintenance access travel way, dredging of the river channel,
reinforcing the banks, and replacing an existing rock weir with an automated concrete gated weir.
On July 13, 2021 (Agenda Item 16.A.31), the Board awarded Agreement No. 20 -7818, “Design Services for Upper
Gordon River Improvements,” to Johnson Engineering, Inc. (“Johnson”). Johnson is a southwest Florida based
engineering firm doing business since 1946, specializing in analysis and design of stormwater and flood
control/drainage facilities, stream and river restoration, ditch and canal bank sta bilization, environmental
permitting, inspection services, along with GIS and remote sensing analysis for water resources projects. The
Agreement consists of providing professional engineering services for stormwater related projects and activities for
sections B, C & D of the Upper Gordon River.
The attached proposed Amendment No. 1 amends the Agreement to add Section A of the Upper Gordon River to
the project, which lies upstream of sections B, C & D. Incorporating Section A to the existing agreement w ill
address water quality issues and prevent potentially unsafe levels of contaminants within the sediment to travel
downstream and pollute sections B, C & D. The inclusion of Section A will add an additional $387,477.32 and
1,441 calendar days, allowing enough time for the design of the clearing of exotic nuisance vegetation, building a
maintenance access travel way, dredging of the river channel, reinforcing the riverbanks, as well as permitting and
post-design services.
The specific services and associated timeline included are contained in the attached proposal from Johnson
Engineering, Inc.
This item is consistent with the Infrastructure and Asset Management element of Collier County’s Strategic Plan by
preparing for the impacts of natural disasters on our critical infrastructure and natural resources.
FISCAL IMPACT: Funding in the amount of $387,477.32 is available in the Stormwater CIP Fund (3050) within
Gordon River project (60102).
There is no incremental maintenance cost associated with this design action. Incremental maintenance costs will be
addressed at the time of award of the planned construction contract.
GROWTH MANAGEMENT IMPACT: This project is in accordance with the goals and objects of the
Stormwater Element of the Growth Management Plan, and the Quality of Place, and Infrastructure and Asset
Management objectives within the Strategic Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -SRT
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01/23/2024
RECOMMENDATION: To approve Amendment No. 1 to Agreement No. 20-7818, “Design Services for Upper
Gordon River Improvements,” with Johnson Engineering, Inc., to add design services for Section A of the Upper
Gordon River project scope of services in the amount of $387,477.32, to extend the term of the agreement by 1,441
days, and authorize the Chairman to sign the attached amendment.
Prepared by: Mark Zordan, Capital Stormwater Manager, Capital Project Planning, Impact Fees & Program
Management Division
ATTACHMENT(S)
1. 20-7818 First Amend_Johnson_FullyExec (PDF)
2. [Linked] 20-7818 Johnson Engineering_Fully Executed (PDF)
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01/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doc ID: 27068
Item Summary: Recommendation to approve Amendment No. 1 to Agreement No. 20-7818, “Design Services for
Upper Gordon River Improvements,” with Johnson Engineering, Inc., to add design services for Section A of the
Upper Gordon River project scope of services in the amount of $387,477.32, to extend the term of the agreement by
1,441 days, and authorize the Chairman to sign the attached amendment (Project 60102).
Meeting Date: 01/23/2024
Prepared by:
Title: – Capital Project Planning, Impact Fees, and Program Management
Name: Mark Zordan
10/20/2023 3:23 PM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and Program
Management
Name: Beth Johnssen
10/20/2023 3:23 PM
Approved By:
Review:
Unknown Lisa Taylor Additional Reviewer Completed 10/23/2023 2:11 PM
Transportation Management Services Department Danielle Bates Transportation Management Services
Department Completed 10/26/2023 2:58 PM
Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 10/27/2023 9:10 AM
Transportation Management Operations Support Michelle DAndrea Additional Reviewer Completed
11/01/2023 10:50 AM
Capital Project Planning, Impact Fees, and Program Management Daniel Roman Additional Reviewer Completed
11/01/2023 12:59 PM
Capital Project Planning, Impact Fees, and Program Management Raquel Ovares Additional Reviewer Completed
11/02/2023 4:35 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 11/03/2023 2:14 AM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
11/06/2023 11:57 AM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
11/06/2023 8:02 PM
Transportation Management Operations Support Brandy Otero Additional Reviewer Completed
11/07/2023 12:23 PM
Procurement Services Sandra Srnka Procurement Director Review Completed 11/13/2023 6:38 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/13/2023 11:52 AM
Transportation Management Services Department Trinity Scott Transportation Completed
11/13/2023 2:49 PM
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01/23/2024
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/13/2023 2:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/15/2023 3:17 PM
Grants Therese Stanley Additional Reviewer Completed 11/17/2023 11:47 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 11/21/2023 8:31 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/11/2024 2:35 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM
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16.B.1.aPacket Pg. 335Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
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Packet Pg. 336 Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 337Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 338Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 339Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 340Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 341Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 342Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 343Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 344Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 345Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 346Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
16.B.1.aPacket Pg. 347Attachment: 20-7818 First Amend_Johnson_FullyExec (27068 : 20-7818 Upper Gordon River Amendment No.1)
PROFESSIONAL SERVICES AGREEMENT
Contract # 20-7818
for
Design Services for Upper Gordon River Improvements
THIS AGREEMENT is made and entered into this, ,z , day of 20 21 by
and between the Board of County Commissioners for Collier County, rida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Johnson Engineering, Inc. authorized
to do business in the State of Florida, whose business address is
2122 Johnson Street, Fort Myers, FL 33901 hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Design Services for Upper Gordon River Improvements
hereinafter referred to as the "Project"),
said services in accordance with the provisions of Section 287.055, Florida Statutes being more
fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated
herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project
to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B,
Basis of Compensation", which is attached hereto and incorporated herein.
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1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
1.5. CONSULTANT designates Erik Howard, PE, PSM a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
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Division of Communications, Governement and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest@colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally
terminate this Agreement immediately.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTYS approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
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reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the
CONSULTANT for services and/or items necessary to correct the deficiencies directly related to
the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way- ROW, centerlines - CL, edge-of-pavement- EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types
listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Change Order or Amendment authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering
life or property, any Additional Services must be approved in writing via a Change Order or an
Amendment to this Agreement prior to starting such services. The COUNTY will not be
responsible for the costs of Additional Services commenced without such express prior written
approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i)
a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by
CONSULTANT that such Work is not additional but rather a part of the Basic Services required
of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is
required because of the action taken by CONSULTANT in response to an emergency, an
Amendment shall be issued to document the consequences of the changes or variations, provided
that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-
eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure
to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it
otherwise may have had to seek an adjustment to its compensation or time of performance under
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this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
2.1.1 Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.1.2 Services resulting from significant changes in the general scope, extent or character
of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY when such revisions are required by changes
in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably
anticipated prior to the preparation of such studies, reports or documents, or are due to any other
causes beyond CONSULTANT's control and fault.
2.1.3 Providing renderings or models for the COUNTY's use.
2.1.4 Investigations and studies involving detailed consideration of operations,
maintenance and overhead expenses; the preparation of feasibility studies, cash flow and
economic evaluations, rate schedules and appraisals; and evaluating processes available for
licensing and assisting the COUNTY in obtaining such process licensing.
2.1.5 Furnishing services of independent professional associates and consultants for
other than the Basic Services to be provided by CONSULTANT hereunder.
2.1.6 Services during travel outside of Collier and Lee Counties required of
CONSULTANT and directed by the COUNTY, other than visits to the Project site or the
COUNTY's office.
2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in
any litigation, or other legal or administrative proceeding, involving the Project (except for
assistance in consultations which are included as part of the Basic Services to be provided
herein).
2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
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authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT hereunder;
b. The time the CONSULTANT is obligated to commence and complete all such services;
or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's
requirements for the Project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and any
budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Project, including existing drawings, specifications, shop drawings,
product literature, previous reports and any other data relative to the Project;
d. Arrange for access to and make all provisions for CONSULTANT to enter the Project
site to perform the services to be provided by CONSULTANT under this Agreement;
and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
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COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform
or give rise to any right to damages or additional compensation from the COUNTY.
CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time
to its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such
delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT
resumes performance of its obligations hereunder in such a manner so as to reasonably establish
to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on
schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT
be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager,
or designee, reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT 's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
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5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall
apply only to tasks procured under the Time and Materials pricing methodology specified in
paragraph 5.1 above. • Grant Funded: The hourly rates as set forth and identified in Schedule
B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor
agency.
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ("Project Documents"). The COUNTY shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this
Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this
license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project
Documents to complete the Project following CONSULTANT's termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges the COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement
or (b) the date the Project is completed, whichever is later, or such later date as may be required
by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall,
free of charge, have the right to audit, inspect and copy all such records and documentation as
often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
Page 8 o132
PSA_CCNA Single Project Agreement_Ver.4
0
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1 .
8. 2. To the extent that the Agreement that the work pertains to a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided
herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet
the requirements of this Agreement shall name Collier County Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier
County Government, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are
at the sole responsibility and risk of CONSULTANT.
9. 3. 3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by the COUNTY applicable to this Project.
9. 3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3. 5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, except such rights as they may have to the proceeds of such insurance held by
any of them.
Page 9 of 32
PSA_CCNA Single Project Agreement_Ver.4
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed to
this Project in accordance with the percentages noted in Schedule F. All personnel, identified in
Schedule F shall not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or
subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume
toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by
this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement
shall preserve and protect the rights of the COUNTY under this Agreement with respect to the
Services to be performed by the subconsultant or subcontractor so that the sub consulting or
subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall
require each subconsultant or subcontractor to enter into similar agreements with its sub-
subconsultants or sub-subcontractors.
10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any
termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
Page 10 of 32
PSA_CCNA Single Project Agreement_Ver.4
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against the COUNTY arising out
of this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment
by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against
CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as
further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to
begin services under the Agreement within the times specified under the Notice(s) to Proceed, or
b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder
or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for
the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or
directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes
of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this
Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in
whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the
material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to
that portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against the
COUNTY, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control.
12.5. The COUNTY shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
Page 11 of 32
PSA_CCNA Single Project Agreement_Ver.4
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due or such other time as required by Florida's
Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material
obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY
has failed to cure such default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such
default is cured, after giving THE COUNTY a second fourteen (14) days written notice of
CONSULTANT's intention to stop performance under the Agreement. If the Services are so
stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of
the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other
persons performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of
CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default
within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may,
upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and
recover from the COUNTY payment for Services performed through the termination date, but in
no event, shall CONSULTANT be entitled to payment for Services not performed or any other
damages from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
13.2. In accordance with provisions of Section 287. 055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT's services to be provided under this Agreement
are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees
that the original Agreement price and any additions thereto shall be adjusted to exclude any
significant sums by which the COUNTY determines the Agreement price was increased due to
inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such
adjustments shall be made within one (1) year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
Page 12 of 32
PSA CCNA Single Project Agreement_Ver.4
CAO
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: Capital Project Planning, Impact Fee & Program Management
Division Director:Matthew D. McLean
Address: 2685 Horseshoe Drive S
Naples, FL 34104
Administrative Agent/PM: Mark Zordan, Manager
Telephone: 239) 252-5606
E-Mail(s): Mark.Zordan@colliercountyfl.gov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Johnson Engineering, Inc.
Address: 2122 Johnson Street
Fort Myers, FL 33901
Attention Name & Title: Michael Dickey, PE / Erik Howard, Project Manager
Telephone: 239) 334-0046 / (239) 461-2441
E-Mail(s): Ehoward@johsoneng.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.
Page 13 of 32
PSA_CCNA Single Project Agreement_Ver.4
w3)
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: Federal Contract Provisions and Assurances
Solicitation # 20-7818 including all Attachment(s), Exhibit(s) &Addendum
Consultant's Proposal
17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY's
Board approved Executive Summary, the terms of the Agreement shall take precedence over the
Page 14 of 32
PSA_CCNA Single Project Agreement_Vcr.4
terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions
shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the CONSULTANT at the COUNTY's discretion.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT
shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13
and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation
shall be adjusted to exclude any sums by which the COUNTY determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list."
Page 15 of 32
PSA_CCNA Single Project Agreement_Ver 4
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is
formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by
the CONSULTANT to comply with the laws referenced herein shall constitute a breach of
this agreement and the COUNTY shall have the discretion to unilaterally terminate this
Agreement immediately.
Page 16 of 32
PSA_CCNA Single Project Agreement_Ver.4
C AO
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of Courts &
Comptroller ;,?^
By:f1/1418 hil/L
y
PENNY TAYLORDate: Chair
Attest as to,Chairman`s
rRnn Lure only.
Ap ed as to For and Legality:
A
1,erA,4( County Attorney
e-1 # j7 — - e L
Name
Consultant:
Consultant's Witnesses: Johnson Engineering, Inc.
fA'S B •
Witness
RII;1-/0V.4 R 1) , 6A/414/6ETZ LoArnWd c v w412)?
1 re"-slvA/i
Name and Title Name and Title
2`_ -:- tp_ lk:.
c,/-5"-ii.C.C, . E07_4(rir Irl IkkrYll Rd-1(4i vt A5D(qUrti
Name and Title
Page 17 of 32
PSA_CCNA Single Project Agreem A
SCHEDULE A
SCOPE OF SERVICES
following this page (pages through
21 )
Page 18 of 32
PSA_CCNA Single Project Agreement_Ver.4
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
INTRODUCTION
Collier County selected Johnson Engineering,Inc.,to provide Professional Services for the design
of stormwater management system improvements for the Upper Gordon River. The proposed
improvements will be designed to mitigate the impacts of flooding within the basin and will
involve a potential combination of structural measures, including but not limited to clearing of
exotic vegetation, building a maintenance access travel way, dredging of the river channel,
reinforcing the banks, and replacing an existing rock weir with an automated concrete gated weir.
Collier County has applied for a Hazard Mitigation Grant Program from the Florida Division of
Emergency Management and the Federal Emergency Management Agency (Contract No. H0459,
Project No. 4337-379-R, Upper Gordon River Channel, Drainage Project, Phase I).
PROFESSIONAL SERVICES OF THE CONSULTANT
CONSULTANT proposes to furnish the following professional consulting services for the project
areas shown in Figure 1. The following are definitions of terms relating to items referenced
throughout this document:
BCA Benefit Cost Analysis
CITY City of Naples
CONSULTANT Johnson Engineering, Inc., or its Sub-Consultant
COUNTY Collier County
CRAS Cultural Resources Assessment Survey
ERP Environmental Resource Permit
FBB Florida Bonneted Bat
FDEP Florida Department of Environmental Protection
FDEM Florida Division of Emergency Management
FDOT Florida Department of Transportation
FEMA Federal Emergency Management Agency
FLUCFCS Florida Land Use Cover and Forms Classification System
FWC Florida Fish and Wildlife Conservation Commission
FWS United States Fish and Wildlife Service
HMA Hazard Mitigation Assistance
HMGP Hazard Mitigation Grant Program
NEPA National Environmental Policy Act
NWP Nationwide Permit
PAH Polycyclic Aromatic Hydrocarbon
RAI Request for Additional Information
RFI Request for Information(Contractor)
RGP Regional General Permit
SCADA Supervisory Control and Data Acquisition
Page 1 of 21
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
SFWMD South Florida Water Management District
SHPO State Historic Preservation Office
SPT Standard Penetration Test
SUE Subsurface Utility Exploration
SWP3 Construction Stormwater Pollution Prevention Plan
USACE United States Army Corps of Engineers
WUP Water Use Permit
REMAINDER OF PAGE IS BLANK)
Page 2 of 21
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A-DETAILED SCOPE
June 22,2021
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Figure 1. Upper Gordon River Improvement Project Map
Page 3 of 21
r.a)
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
TASK 1 —PRELIMINARY ENGINEERING DESIGN
1.1 MEETINGS
CONSULTANT shall be in attendance of project kick-off, progress, and/or stakeholder meetings,
including coordination with attendees. Stakeholders may include FEMA, adjacent property
owners, and/or interest groups. Fourteen (14) phone conferences and eight (8) meetings are
anticipated for this task.
1.2 SURVEY
CONSULTANT shall collect vertical and horizontal survey data sufficient to create plans for the
proposed project and subsequent operation and maintenance of the project. Horizontal data will
be in feet and shall be projected on the Florida State Plan Coordinate System, East Zone,NAD83
2011). Vertical data will be in feet and shall be referenced to the North American Vertical Datum
of 1988 (NAVD 88).
CONSULTANT shall establish property lines and easements, including verification of ownership
of the affected property, along with identification of details of surface and visible above-ground
utilities at the site;property features(e.g.,buildings,decks,fencing); stormwater outlets,including
elements such as culvert size, type, invert elevation, and end treatments; extent of concrete slabs;
water surface elevation; and topography changes such as top of bank and toe of slope.
Property Information Reports
CONSULTANT shall research the public records available on the Collier County Property
Appraiser and Collier County Clerk of Court websites to locate parcel deeds, recorded
plats, right-of-way maps and easements pertinent for the delineation of the Upper Gordon
River Improvements. Property Information Reports will be provided for the following un-
platted lands along the Gordon River Corridor to help establish drainage easements:
Country Club of Naples
Royal Poinciana Golf Club, Inc.
Hole in The Wall Golf Club, Inc.
Wilderness Country Club
Grey Oaks Country Club, Inc.
Estuary at Grey Oaks
Freedom Park
Forest Lakes Subdivision
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RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
Hydrographic Survey
CONSULTANT shall perform a hydrographic survey of the Upper Gordon River. The
survey shall include cross sections upstream and downstream of each road crossing,
measurement of culverts(including invert elevations,size,and type),and establish a profile
along the centerline and edge of pavement of the road crossing. CONSULTANT shall
measure cross-sections of the canal at 100-foot intervals,from 20 feet outside of each right-
of-way line. There are drainage culverts at various places along the canal that drain into
the canal. These culverts shall be located and measured, including pertinent data at each
culvert. The hydrographic survey shall include the following sections, as shown in Figure
1: Section A, Section B, Section C, Section D, Forest Lake South Side Canal, Estuary
Canal, and Coach House Lane Ditch.
Sketch-and-Legal Descriptions
If permanent easements need to be obtained,sketch-and-legal descriptions will be provided
by CONSULTANT. Up to five (5) drainage sketch-and-legal descriptions and three (3)
temporary construction easement sketch-and-legal descriptions are anticipated.
Subsurface Utility Exploration
CONSULTANT shall utilize SUE,up to six feet deep,to collect the horizontal and vertical
data of existing underground utilities within the project area. This includes horizontal and
vertical location of existing utility pipe, possible type of utility pipe, approximate size of
utility pipe, photo of utility pipe material and general condition of existing pipe material.
CONSULTANT will call Sunshine One 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.
CONSULTANT will utilize ground penetrating radar to assist in locating facilities. Up to
50 hours of SUE are anticipated for this task.
All existing utilities found shall be field marked either by wooden lathes or by marking on
the pavement(nail&paint).Marks need to remain during the design phase,but lathes need
to be removed after the final plans have been approved. CONSULTANT team shall repair
all excavation holes in the natural ground to a condition as equal to or better than the
original condition. This task assumes CONSULTANT's heavy equipment will have
adequate physical and legal access to the soft dig locations.
1.3 SEDIMENT SAMPLING UPDATE
CONSULTANT shall perform sediment sampling at twenty locations for PAHs and metals
analysis. Two samples will be collected and analyzed at each location: one at a shallow depth(0.5
feet to 1.5 feet) and another at a deeper depth (3 feet to 5 feet). Sampling will be conducted in
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DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
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June 22, 2021
accordance with FDEP Standard Operating Procedure FS 4000 Sediment Sampling, and the
standard operating procedures referenced therein. Five of the twenty sample locations shall be
Sites 5-9, as shown in the Figure 2 below. The remaining fifteen locations shall be at other
locations within the project area. CONSULTANT shall submit a proposed sampling plan to
COUNTY and receive acceptance in writing prior to collecting sediment samples for analysis.
Samples will be analyzed by a National Environmental Laboratory Accreditation Conference
NELAC) certified laboratory. Sample results will be evaluated using F.A.C. Rule 62-777
Contaminant Cleanup Target Levels,' Table II Soil Cleanup Target Levels. CONSULTANT shall
provide an estimate of the amount of material deemed to be contaminated and required to be
removed as part of the dredged material.
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Page 6 of 21
RPS NO.: 20- 7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
1.4 GEOTECHNICAL
CONSULTANT shall perform a subsurface soil exploration and a geotechnical engineering
evaluation for the proposed project. The evaluation will include two (2) SPT borings at the weir
replacement location for weir foundation design, two (2) SPT borings of bank slopes to provide
data for evaluation of Bank Slope Stability for slope and slope armor options, eight(8)hand auger
borings along the proposed maintenance travel way to evaluate soil conditions for a maintenance
access road to the replacement weir, and ten (10) shallow tube samples from the canal bed to
provide data on soil type and environmental classification for dredging. CONSULTANT shall
provide foundation design recommendations for the proposed weir and maintenance access road.
CONSULTANT will perform a seepage analysis with flownet calculations under the weir and
sheet pile wall and provide requirements for sheet pile depths and embedment into the banks.
1.5 HYDROLOGIC AND HYDRAULIC STUDY
CONSULTANT shall prepare a Hydrologic and Hydraulic study report, as required by FEMA.
The scope of work will include reviewing the existing conceptual design report and the existing
stormwater model developed by Agnoli Barber & Brundage, Inc., and provided by COUNTY.
CONSULTANT will provide general comments regarding the report and model for applicability
to this project as a brief letter report. CONSULTANT shall also compare up to ten percent(10%)
of the new surveyed cross sections collected by CONSULTANT to verify the accuracy of the cross
sections in the existing model. It is assumed the new surveyed cross sections will match the
existing model and the model sections will not need to be updated or modified. CONSULTANT
shall modify the proposed conditions, if needed, to model alternate proposed conditions of the
waterway to demonstrate the proposed improvements will improve the flood conditions of the
surrounding properties. Alternate configurations of the weir and bank modifications will be
modeled and evaluated. The study will include an evaluation of the weir location for optimization
of the project benefits. The final report will be transmitted to FEMA.
1.6 WATER LEVEL MONITORING
Given the proposed conceptual design includes revisions to the control elevation of an existing
water control structure and given the proposed scope of work includes utilization of a regional
stormwater model, CONSULTANT shall collect existing wet and dry season water levels across
the project site to assist in the project design and model calibration/validation. CONSULTANT
will install five (5) water level monitoring stations, each equipped with water level dataloggers
capable of monitoring and recording water surface elevations. Each monitoring station will be
constructed with a 2-inch diameter Schedule 40 PVC casing attached to a section of 0.01-inch
slotted PVC screen. CONSULTANT will establish the top of casing elevation for each monitoring
station and perform water level verifications and download the data quarterly for a period of two
2) years. CONSULTANT shall also conduct up to four (4) field visits to record existing flow
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June 22,2021
rates at culvert crossings to assist in calibrating the model developed in the Hydrologic and
Hydraulic Study.
1.7 FEDERAL GRANT TECHNICAL SUPPORT
CONSULTANT shall provide professional engineering and technical consulting services in
support of the COUNTY's grant application under FEMA's HMGP. FEMA provides grant
funding for mitigation planning and the implementation of cost-effective mitigation projects.
Funding for these plans and projects reduces the overall risks to the population and structures. The
principal prerequisite for eligibility for project grants under this program is an approved hazard
mitigation plan compliant with the federal requirements under the Code of Federal Regulations.
Benefit Cost Analysis
CONSULTANT will complete a BCA for the project for the HMGP Project Grant
Application using the FEMA BCA software (BCA Version 6.0). This task will include
development of the fully-documented BCA within the FEMA model that meets
components FEMA Region IV and FDEM require for grant application compliance under
the FEMA HMGP. This analysis will quantify the mitigation benefits from multiple angles
that include but will not be limited to flood loss reduction, aquifer storage and recharge,
habitat restoration, climate resilience, and recreation(social benefits). Since the scope and
scale of this project would be considered to be "reach-based", modeling using FEMA's
risk assessment platform Hazus-HM (Version 4.2) will be utilized to model pre- and post-
project conditions utilizing the best available data. This reached-based modeling will
utilize the Hydrologic and Hydraulic Study report. CONSULTANT will construct the asset
inventory components of the Hazus model using data from the COUNTY's Assessor and
industry best management practices for determining the replacement costs of the asset
inventory. The outputs from the Hazus model will be input into the"Professional Expected
Damages" module of the FEMA BCA software. Since complete engineering and design
will not be completed before the BCA, this will be a conceptual analysis.
SHPO Consultation
CONSULTANT will complete the SHPO compliance review and submit via email a letter
concerning the project to the Florida Division of Historical Resources for comment
pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended,
and applicable state statutes and regulations. In accordance with the enabling regulations
of Section 106, 36 CFR 800, CONSULTANT will also prepare for the responsible local
agency's signature letters of notification and invitation to comment on a government-to-
government basis to federally-recognized Indian tribes with a known historical interest in
the archaeological and cultural resources of Collier County. According to the Tribal
Directory Assessment Tool of the U.S. Department of Housing and Urban Affairs
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DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
https://egis.hud.gov/TDAT/), there are two such tribes: the Miccosukee Tribe of Indians
and the Muscogee (Creek) Nation. If so directed, CONSULTANT will also send these
letters via email to the appropriate representatives of the tribes.
FEMA HMA Grant Application
CONSULTANT will review additional FEMA HMA funding sources currently available
and identify the grant program for which the project would have the highest chances for
success. The grant programs would include: Building Resilient Infrastructure and
Communities, Flood Mitigation Assistance, and the Hazard Mitigation Grant Program.
Once the grant program is identified, CONSULTANT will prepare and assemble the
project grant application for the project. That application will be prepared in compliance
with the requirements of FDEM and FEMA Region IV. CONSULTANT will prepare the
grant application on the FEMA "Grant Outcomes" (FEMA-GO) electronic application
platform up to the "sign and submit"point of the application. The application will need to
be submitted by the designated applicant agent for the COUNTY.
1.8 PROTECTED SPECIES SURVEY
CONSULTANT will conduct a protected species survey within the project area to assess potential
state and federal listed species occurrence. The survey will consist of pedestrian transects by
CONSULTANT's ecologists in accordance with methodologies accepted by FWC and FWS. A
canoe or kayak may be required to survey portions of the project boundary. The methodology and
findings, including locations of observed protected species and management plans, will be
summarized in a protected species survey report suitable for inclusion in the ERP application and
federal dredge and fill permit application. This task includes preparation of a habitat and land
cover map in accordance with the FLUCFCS methodology developed by FDOT.
Limits of jurisdictional surface waters for the waterway will be estimated based on aerial photo
interpretation, soils maps, and other available resources or delineated based on available survey
data. This task does not include field flagging or GPS survey locating the jurisdictional limits of
the waterway.
Species-specific wildlife surveys (including but not limited to Florida bonneted bat, Big Cypress
fox squirrel, bald eagle, Florida scrub jay, and gopher tortoise) which may have seasonal
requirements or specific methodologies,wildlife monitoring,agency permitting,and/or relocations
are not included in this task.
1.9 STATE AND FEDERAL WETLAND JURISDICTIONAL DETERMINATION
CONSULTANT shall conduct a desktop delineation of wetlands adjacent to the waterway using
SFWMD land use/land cover data and available topographic survey data. CONSULTANT shall
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June 22,2021
request agency verification of the delineated wetlands, if applicable, with SFWMD and USACE
staff, as part of the permit application review process. This task includes preparation of USACE
wetland data forms and SFWMD Chapter 62-340 wetland data forms, map exhibits, photo
documentation and other support materials, as required. Portions or all of this task may be
conducted during the environmental permit process to expedite environmental permitting. Limits
of the waterway within the project area will be defined based on topographic survey information
collected in a separate sub-task herein.
1.10 30°/a CONSTRUCTION PLANS
CONSULTANT shall prepare 30% construction plans which shall incorporate the topographic
survey, any pertinent geotechnical information, aerial photography, and the conceptual
components of the proposed project. CONSULTANT shall prepare a preliminary design report
for the project which will include discussion of weir type, gate type, bank hardening, electrical,
instrumentation, controls, and SCADA system. CONSULTANT shall attend one meeting with
COUNTY to discuss the electrical, instrumentation, controls, and SCADA system.
CONSULTANT will coordinate with SFWMD to provide SCADA communication between
COUNTY and SFWMD systems.
CONSULTANT shall notify the various utility service providers which may have facilities
installed within the project area and request the utilities to submit plans showing existing facility
locations. Any required utility relocations/adjustments will be designed by the affected utility
gas, electrical, telephone, cable television, etc.). Designs shall be prepared by the utility, in a
format suitable for inclusion in bid documents.
CONSULTANT shall organize a plan review meeting with COUNTY staff to discuss the 30%
construction plans. Subsequently, CONSULTANT shall revise the plans as required to reflect
COUNTY comments.
TASK 2 —ENVIRONMENTAL SERVICES
2.1 CULTURAL RESOURCES ASSESSMENT SURVEY
CONSULTANT shall prepare a cultural resources assessment survey to identify the presence of
archaeological sites and historic resources within the project area. Work shall include field surveys
for two days, recording up to four (4) new historic resources (built in 1976 or earlier), and
preparation of a CRAS report.
2.2 NEPA ENVIRONMENTAL ASSESSMENT REPORT COORDINATION
It is understood that a portion of this project has been awarded funding under FEMA's HMGP.
This task includes preparing the Biological Resources documentation (specifically the Land Use,
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June 22,2021
Wetlands and Biological Resources sections of the Environmental Report, if required) to comply
with NEPA. This task includes coordination with COUNTY and/or FEMA staff to provide data
from other tasks herein, such as protected species survey results and habitat mapping,that may be
required to complete the Environmental Assessment. FEMA (or others) shall be responsible for
final document preparation, regulatory agency coordination and compliance with NEPA
requirements.
2.3 FBB—ROOST AND ACOUSTIC SURVEY
The project area is within the FWS consultation area of the federally endangered Florida bonneted
bat. FWS consultation guidelines for the bonneted bat dated October 2019 indicate projects greater
than 5 acres in size with potential roosting habitat require a bonneted bat roost survey and acoustic
survey. CONSULTANT will conduct one (1) FBB roost survey and one (1) acoustic survey in
accordance with the FWS October 2019 FBB survey guidelines. The roost survey will include
pedestrian observations of the proposed project areas to identify and GPS-locate potential FBB
roost habitat (i.e., live trees or snags with cavities or bark crevices, bridges, etc.). Potential roosts
will be visually observed using an IBWO®peeper camera mounted on a 35-foot survey rod.
FWS Guidelines currently require a minimum of five detector nights per 0.60 miles (0.97 km) for
linear projects. Up to five Wildlife Acoustics® SM3 or SM4 BAT recorders will be deployed with
microphones placed in a manner to maximize detection of bat calls. The recorders will operate
from sunset to sunrise at each deployment location for a minimum of five(5)nights when weather
conditions are suitable and nighttime temperatures are above 65°F. Data will be recorded in full
spectrum WAV format, converted to Zero Crossing ZC for data analysis, and manually screened
for species ID and presence of FBB calls. The number of calls attributed to the FBB will be
determined and FBB calls within 90 minutes of sunrise or sunset will be noted. FBB survey data
is valid for 90 days, according to FWS. This task does not include coordination or permitting with
the FWS or FWC should a roost site be located or FBB calls be identified within 90 minutes of
sunrise or sunset. The final deliverable will be an FBB acoustic and roost survey report
summarizing the results of the surveys. This scope of work does not include preconstruction FBB
surveys.
2.4 GOPHER TORTOISE SERVICES—SURVEY, PERMITTING, RELOCATION
Species-specific gopher tortoise surveys, permitting, and relocations may be required depending
on the results of the general protected species survey. CONSULTANT will conduct one(1) 100%
coverage gopher tortoise survey within the project area and prepare a survey map for
permitting/relocation purposes. All burrows will be marked with orange flagging tape and GPS-
surveyed. The 100% gopher tortoise burrow survey must be conducted no more than 90 days and
no fewer than 72 hours before excavation/relocation activities commence. The final deliverable is
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June 22,2021
a burrow and transect location map depicting all gopher tortoise burrows located during the
surveys.
CONSULTANT will coordinate with COUNTY to select a suitable gopher tortoise recipient site
within 100-miles of the donor location. CONSULTANT will prepare and submit the gopher
tortoise relocation permit application to FWC and provide responses to FWC for up to two requests
for additional information, if required. COUNTY is responsible for providing the permit
application fee and mitigation contribution fee to FWC as well as the fee(s) to the gopher tortoise
recipient site that will accept the relocated tortoises onto their property. Recipient site fees are
estimated at $2,000 per tortoise.
CONSULTANT will conduct one gopher tortoise relocation event with maximum of eight (8)
burrows prior to construction, if required. COUNTY shall provide a rubber tire or rubber tracked
backhoe with 20-inch or 24-inch flat-edge bucket, operator, and two laborers to assist with the
gopher tortoise excavation. This task includes coordinating with the gopher tortoise recipient site
to facilitate the gopher tortoise excavation/relocation, transporting the gopher tortoises to the
recipient site representative within 72 hours of excavation, and completing the FWC required after
action report(s). FWC only considers surveys valid for 90 days from survey date.
TASK 3—DESIGN & PERMITTING
3.1 MEETINGS
CONSULTANT shall be in attendance of project design, progress, and/or stakeholder meetings,
including coordination with attendees. Stakeholders may include FEMA, regulatory agencies,
adjacent property owners, and/or interest groups. Seven (7) phone conferences and ten (10)
meetings are anticipated for this task.
3.2 CITY OF NAPLES PERMITTING
CONSULTANT shall assist COUNTY with coordination and permitting of the project for
dredging and weir construction through the CITY and shall respond to requests for additional
information from CITY. It is anticipated the permit process will be a limited review type permit
process by CITY, if required. It is anticipated that an Application for Dredge and Fill will be
prepared and submitted to the CITY with assistance from CONSULTANT. A Public Right-of-
way Permit Application is likely needed, but will be obtained by the construction contractor
selected by the COUNTY.
3.3 SFWMD ERP
CONSULTANT shall prepare an application package for a new Individual ERP for submittal by
COUNTY to SFWMD. The package shall include supporting engineering and environmental
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June 22,2021
plans and reports for the project typically required by SFWMD, including a surface water
management report, application forms, and SWP3. CONSULTANT shall also prepare
environmental information, calculations, and drawings in support of the application.
Environmental information will include an environmental supplement report, drawings, and
completed Sections C and I of the ERP application. This task assumes the proposed activities will
not require impacts to natural wetlands or wetland mitigation. Should listed species usage be
identified in the project area, CONSULTANT shall evaluate the potential project related impacts.
CONSULTANT will submit the application electronically through the SFWMD's ePermitting
website (http://www.sfwmd.gov/ePermitting). CONSULTANT will respond to up to two (2)
formal RAIs and two (2) informal RAIs from SFWMD.
3.4 SFWMD DEWATERING PERMIT
CONSULTANT will assist COUNTY with applying for a new SFMWD individual dewatering
permit with a 5-year duration. CONSULTANT will coordinate with COUNTY and COUNTY's
contractor (if applicable) to identify dewatering needs. CONSULTANT will prepare required
SFWMD forms and exhibits, estimate volumes of dewatering effluent, calculate drawdown,
prepare a dewatering plan,prepare drawings of retention areas and recharge trenches,as necessary,
and assist with requests for off-site discharge authorization for dewatering effluent (if necessary).
CONSULTANT will respond to up to two (2) RAIs (if applicable). CONSULTANT will prepare
a draft application and submit to COUNTY for approval and then submit to SFWMD on behalf of
COUNTY.
3.5 FEDERAL SECTION 404/10 DREDGE & FILL PERMIT
In December 2020, FDEP "assumed" the permitting authority over the federal Section 404
dredge/fill permit program from USACE for certain waters and wetlands. However, the southern
portion of the project is located within, and anticipated to impact, federally jurisdictional Section
404 "retained"waters of the U.S., which remain under the permitting authority of USACE.
CONSULTANT will prepare and submit a USACE dredge/fill permit application using Form 4345
ENG. Efforts will be made to seek a NWP or RGP from USACE if the project design meets the
criteria to qualify for one of the existing NWPs or RGPs. However, this cannot be guaranteed
since the project deign has not been finalized. If the project does not qualify for an NWP or RGP,
then an Individual Permit shall be sought. CONSULTANT shall also prepare the environmental
supplement for this application to include environmental drawings, alternatives analysis, and
wetland avoidance/minimization assessment,if required. This task assumes the proposed activities
will not require impacts to natural wetlands or wetland mitigation. CONSULTANT shall expedite
the application by assisting USACE staff with preparation of the draft public notice and
Environmental Assessment Statement of Findings, if required. This task will include preparing
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June 22,2021
responses for up to two (2)USACE RAIs, if required. This task includes informal consultation or
technical assistance coordination with FWS to address potential effects of the project on federally
listed species.
3.6 EXOTIC VEGETATION REMOVAL PLAN
CONSULTANT shall develop a plan to eradicate Florida Exotic Pest Plant Council Category I
and Category II exotic vegetation within the project area, including Brazilian pepper, that
constricts the channel and renders maintenance difficult. CONSULTANT shall specify the
requirement for removal and disposal of the trees and restoration of the riparian landscape such
that all overbank areas within the existing easement areas are designed to be clear of woody
vegetation. This task includes preparation of a management plan to outline future landscape
maintenance requirements.
3.7 FWS TECHNICAL ASSISTANCE
The project is located in the FWS consultation area and may contain suitable habitat for the
following federally listed species: Florida bonneted bat, wood stork, and Eastern indigo snake.
This task includes conducting initial technical assistance and coordinating with FWS staff to assess
the federal wildlife review process required by FWS. This task also includes preparing preliminary
exhibits and narratives necessary to conduct initial coordination with FWS staff for the species
referenced above.
3.8 PUBLIC INVOLVEMENT
CONSULTANT and their subconsultant(s) shall complete public involvement services throughout
the project. Work under this item is to include, but not be limited to, the following:
a. Preparing a comprehensive mailing list for all property and business owners who will be
affected by the construction with limits as shown on the most current set of construction
documents.
b. Preparing informational newsletter(s)which describes the project and addresses frequently
asked questions. Newsletter(s) to be written in English and Spanish.
c. Press releases as necessary for notification to the public. Press Releases to be written in
English and Spanish.
d. Establishing and maintaining a public "Hotline." Coordination with COUNTY staff will
be included should this interface be required.
e. Maintaining the Project Customer Service Log using COUNTY-provided template.
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June 22,2021
f. Responding to public concerns.
g. Attending design progress meetings, as needed, for the duration of the design.
h. Securing site and develop meeting materials for the design public meeting(s). Four (4)
public meetings and six (6) small group meetings are anticipated.
i. Creating web page for project and updating it weekly.
3.9 60-, 100% CONSTRUCTION PLANS
Based on the accepted 30% construction plans, CONSULTANT will prepare final drawings and
specifications, which provide the general scope, extent, and character of the work to be furnished
and performed by the Contractor. CONSULTANT will prepare and submit drawings and
specifications at the 60- and 100-percent complete stages for review and approval. An engineer's
opinion of probable construction cost will accompany each submittal. CONSULTANT shall meet
with COUNTY's design and operations staff and obtain their written acceptance (signature
approval)of the work completed to date. The drawings shall include the following or as approved
by the Project Manager:
Cover sheet,Notes, and Key Map
Existing Conditions and Demolition Plan
Site Plan
Erosion Control
Plan and Profile (estimated 39 sheets)
Cross Sections (estimated 33 sheets)
Details
Electrical, Instrumentation& Controls Plans
3.10 TECHNICAL SPECIFICATIONS
Technical specifications will be based on the 16-Division format of the Construction
Specifications Institute in MS Word format. In addition to technical specifications,
CONSULTANT will coordinate with COUNTY staff to develop necessary General Conditions,
Supplemental Conditions, and Special Provisions Specifications specifically for the project being
constructed. Standard Collier County Specifications may be used for reference, but the
CONSULTANT shall not rely on them as a replacement for sound engineering judgment and
responsibility. Current County Right-of-Way construction specifications shall be utilized.
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June 22,2021
3.11 BIDDING AND AWARD
Except for the following, bid/quote services will be performed by the Collier County Purchasing
Division. CONSULTANT will assist COUNTY with the following:
a. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding
Documents.
b. Consult with and advise COUNTY as to the acceptability of the contractor and
subcontractors, suppliers and other persons and organizations proposed by the Prime
Contractor for those portions of the work as to which such acceptability is required by the
Bidding Documents.
c. Consult with 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.
d. Attend a pre-bid/quote conference.
e. Attend the bid opening, review bids, qualifications.
f. Provide a recommendation letter of award along with a "Reference Log" showing date,
time, and comments of all contacted references provided by the prospective contractor.
TASK 4—SERVICES DURING CONSTRUCTION
4.1 CONSTRUCTION ADMINISTRATION
It is anticipated that Construction Engineering Inspection responsibilities will be awarded to
another firm at a future date. As such,CONSULTANT shall provide the following limited services
during construction:
a. Pre-Construction Meeting — 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 starting. CONSULTANT will not prepare an Agenda or
issue written meeting notes after the meeting.
b. Construction Progress Meetings — CONSULTANT will attend the bi-weekly progress
meetings to review project status and identify issues that may affect the Project.
CONSULTANT will not prepare an Agenda or issue written meeting notes after the
meeting.
Page 16 of 21
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
c. Shop Drawing Reviews - CONSULTANT shall review and approve (or take other
appropriate action in respect of) Shop Drawings, Samples,and other data which Contractor
is required to submit, but only for conformance with the design information given in the
Contract Documents and compatibility with the design concept of the completed project as
a functioning whole as indicated in the Contract Documents. Such reviews and approvals
or other action will not extend to means, methods,techniques, sequences, or procedures 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
will not maintain a log of submittals.
d. As-Equal Materials - CONSULTANT shall evaluate and determine the acceptability of
substitute or"or-equal" materials and equipment proposed by Contractor.
e. Request for Information - CONSULTANT shall review and respond to all RFIs that the
Contractor submits. CONSULTANT shall maintain a complete log of all RFIs, noting the
dates of first submittal and subsequent reviews and resubmittals, approval, etc. If required
by COUNTY staff, CONSULTANT shall revise construction plans based on response to
RFI.
f. Tasks not included: Contractor Project Schedule, Contractor Pay Applications, Contractor
Change Orders & Work Directives, pre-construction documentation review, material
testing records, monthly report preparation, or permit requirement monitoring.
4.2 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 Contractor in accordance with the Plans and Specifications of the Contract
Documents as amended by the CONSULTANT. CONSULTANT shall prepare as-built "record
drawings" of improvements based on a compilation of Contractor-submitted data, field
measurements, and CAD files prepared by the Contractor's surveyor. This task does not include
collection of 'as built' record drawing data by CONSULTANT's surveyor. Additionally,
CONSULTANT shall prepare and submit certification packages to SFWMD, and/or USACE for
the completed sections of the project.
Page 17 of 21
0
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
4.3 WARRANTY SERVICES
CONSULTANT will provide warranty services for one (1) year after the final completion of the
project construction. Work under this item is to include, but not be limited to, the following:
a. Post Construction walk thru: Generate a list of warranty issues and coordinate with the
Contractor and residents until the issues are solved.
b. Review the post-construction video and pictures provided by the Contractor.
d. One (1) Year Warranty walk-thru with the contractor and County Staff.
DELIVERABLES
1.2 SURVEY
Property Information Reports
Sketch-and-legal descriptions for easements
CAD (AutoCAD) digital files of the topographic survey
See also: deliverable for Construction Plans
1.3 WATER QUALITY UPDATE
Letter Report
1.4 GEOTECHNICAL
Geotechnical Report
1.5 HYDROLOGIC AND HYDRAULIC STUDY
Hydrologic and Hydraulic Study Report
1.7 FEDERAL GRANT TECHNICAL SUPPORT
Summary of Hazus modeling results
Metadata Report
BCA Export files from BCA version 6.0
BCA Report
BCA Data Documentation template
Letter Report to SHPO
Letters of notification to the tribes
HMA Application
1.8 PROTECTED SPECIES SURVEY
Survey Report
Page 18 of 21
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
1.9 STATE AND FEDERAL WETLAND JURISDICTIONAL DETERMINATION
Wetland Data Forms
Map Exhibits
1.10 30% CONSTRUCTION PLANS
Plans in 11"x 17" PDF format
2.1 CULTURAL RESOURCES ASSESSMENT SURVEY
Survey Report
2.3 FBB—ROOST AND ACOUSTIC SURVEY
Survey Report
2.4 GOPHER TORTOISE SERVICES
Burrow and Transect Location Map
3.2 LOCAL PERMITTING
Permit application package
3. 3 SFWMD ERP
Permit application package
3.4 SFWMD DEWATERING PERMIT
Permit application package
3. 5 FEDERAL SECTION 404/10 DREDGE & FILL PERMIT
Permit application package
3.6 EXOTIC VEGETATION REMOVAL PLAN
Removal and management plan
3.8 PUBLIC INVOLVEMENT
Mailing list of adjacent property owners
Informational newsletter(s)
Press release(s)
Customer Service Log
Web page for project
Page 19 of 21
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
3.9 60-, 100% CONSTRUCTION PLANS
60% Plans in 11"x 17" PDF format
100% Plans in 11"x 17" PDF and DWG format
Full size 100%Plans in printed format (two copies)
Engineer's opinion of probable cost will accompany the 60- and 100%Plans
3.10 TECHNICAL SPECIFICATIONS
Technical Specifications in PDF format
3.11 BIDDING AND AWARD
Recommendation letter of award
Reference Log
4.1 CONSTRUCTION ADMINISTRATION
Shop Drawing review responses
RFI responses
4.2 CERTIFICATION
Project completion certification
Engineering final certification to SFWMD, FDEP, and/or USACE
4.3 WARRANTY SERVICES
List of warranty issues
EXCLUDED SERVICES
Changes from the anticipated scope of services as described herein will require an adjustment to
CONSULTANT's compensation, which shall be negotiated and authorized through a Change
Order executed by both parties. Specific exclusions from the scope of work include:
Boundary Survey
Construction Engineering and Inspection (CEI).
Design of public utilities or services (water, wastewater, etc.).
Payment of permit application fees to local, state, and/or federal regulatory agencies.
Architectural services.
Design details of recreational use facilities, public park amenities, etc.
Landscape architecture services.
Traffic Impact Statement or Maintenance of Traffic plan.
Collier County Site Development Plan application.
Page 20 of 21
RPS NO.: 20-7818
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
ATTACHMENT Al TO EXHIBIT A—DETAILED SCOPE
June 22,2021
Review of potential listed species impacts through formal consultation under Section 7 of
the Endangered Species Act.
Addressing comments or questions related to Chapter 120 challenges.
Preconstruction FBB survey.
Species-specific surveys including but not limited to Big Cypress fox squirrel, bald eagle,
and Florida scrub jay.
COUNTY recognizes that permitting is a regulatory function and,as such,CONSULTANT
cannot guarantee issuance of any permit.
Page 21 of 21
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part
of its monthly invoice a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any authorized
Additional Services, as of the last day of the subject monthly billing cycle. Among other things,
the report shall show all Service items and the percentage complete of each item.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
payments to CONSULTANT in accordance with the terms stated below. Payments will be made
in accordance with the following Schedule; however, the payment of any particular line item noted
below shall not be due until services associated with any such line item have been completed or
partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made
upon the percentage complete. In no event shall such Time and Materials compensation exceed
the amounts set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-
Exceed
1.0 Preliminary Engineering Design 504,311.00
2.0 Environmental Services 37,154.00
3.0 Design & Permitting 381,059.00
4.0 Services During Construction 101,642.00
Total Lump Sum Fee
Total Time and Materials Fee 1,024,166.00
GRAND TOTAL FEE 1,024,166.00
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B.2. 2. * Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts
to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean
the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel,
with respect to this Project, including all indirect payroll related costs and fringe benefits, all in
accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY's prior written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
B.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount
COUNTY's prior written approval.
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for
under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such Additional
Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this
Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1
below. There shall be no overtime pay on Additional Services without the COUNTY's prior written
approval.
B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed under
the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies
and out-of-pocket expenses incurred in the performance of all such services.
B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges
and agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more
than one invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by the COUNTY.
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PSA_CCNA Single Project Agreement_Ver.4
B.3.1. 1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall
be deemed of the essence with respect to the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a
maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in
the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the
following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals, all
in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY,
may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses,
except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
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PSA_CCNA Single Project Agreement_Ver.4
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.3. 5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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PSA CCNA Single Project Agreement_Ver.4
SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal 238
Senior Project Manager 201
Project Manager 165
Senior Engineer 175
Engineer 136
Senior Inspector 117
Inspector 96
Senior Planner 164
Planner 130
Senior Designer 128
Designer 109
Environmental Specialist 120
Senior Environmental Specialist 156
Scientist/Geologist 115
Senior Scientist/Geologist 156
Marine Biologist/Hydrogelogist 133
Senior Marine Biologist/Hydrogeologist 169
Senior GIS Specialist 149
GIS Specialist 114
Clerical/Administrative 73
Senior Technician 102
Technician 83
Surveyor and Mapper 142
CADD Technician 95
Survey Crew - 2 man 152
Survey Crew - 3 man 185
Survey Crew - 4 man 218
Senior Architect 177
Architect 148
Subsurface Utility Exploration 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.
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CA()
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
For Completion of Task
Task/Item from Date of Notice to
Description Proceed
1.0 Preliminary Engineering Design 670
2.0 Environmental Services 730
3.0 Design & Permitting 730
4.0 Services During Construction 1275
Page 24 of 32
PSA_CCNA Single Project Agreement_Ver.4
CM)
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3.Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within
ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact
that CONSULTANT has acquired and put in place the insurance coverages and limits required
hereunder. In addition, certified, true and exact copies of all insurance policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been given to the COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in
this Section except to the extent such insurance requirements for the subconsultant are expressly
waived in writing by the COUNTY.
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8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9.If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? I Yes No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of $ 1,000, 000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? Li Yes III No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? Yes 10 No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? I Yes I I No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Page 26 of 32
PSA_CCNA Single Project Agreement_Ver.4
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $ 1 ,000,000 Per Occurrence,
2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? Yes No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000, 000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? I I Yes IN No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? Yes No
Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The
ownership.
Page 27 of 32
PSA_CCNA Single Project Agreement_Ver.4
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? Yes No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? Yes No
Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? Yes No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $ 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 Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
Page 28 of 32
PSA_CCNA Single Project Agreement_Ver.4
C AO
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY
and the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a
renewal occurs during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that any such
credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY
and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the
provision of project-specific professional liability insurance policy in consideration for a reduction
in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
Page 29 of 32
PSA_CCNA Single Project Agreement_Ver.4
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Johnson Engineering, Inc. company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning " Design Services for Upper Gordon River Improvements
project"
is accurate, complete and current as of the time of contracting.
BY:
DATE: Z.,T z..
Page 30 of 32
PSA_CCNA Single Project Agreement Vcr 4
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage
of Time
Lonnie Howard Principal 5
Andy Tilton Principal 10
Erik Howard Senior Project Manager 15
Wayne Wright Senior Project Manager 10
Guy Adams Project Manager 15
John Curtis Project Manager 10
Jordan Varble Project Manager 25
Mathew Beaudoin Senior Technician 10
Page 31 of 32
PSA_CCNA Single Project Agreement_Ver.4
LAO
SCHEDULE G
Other:
Federal Contract Provisions and Assurances
Description)
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this schedule is not applicable
Page 32 of 32
PSA_CCNA Single Project Agreement_Ver.4
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM (HMGP)
CFDA 97.039
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial
assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is
an entity that receives a Contract/ Purchase Order.
Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with all applicable
Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
The Hazard Mitigation Grant Program (HMGP) is generally governed by the following statutes and
regulations:
O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
O 44 C.F.R. Parts 7, 9,10,13,14,17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy
memoranda and guidance document;
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act
o State of Florida Administrative Plan for the Hazard Mitigation Grant Program
EXHIBIT I -1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representative's access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit
any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions
as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized
representatives' access to construction or other work sites pertaining to the work being completed under
the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor
acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews
by the FEMA Administrator or the Comptroller General of the United States.
Changes: To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative
agreement, the cost of the change, modification, change order, or constructive change must be allowable,
allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of
project scope.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions
of flags or likenesses of DHS agency officials without specific FEMA pre- approval.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
Contractor's actions pertaining to this contract.
Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this
contract, all claims, counter-claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided
by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
Termination: See Standard Purchase Order and/or Contract Terms and Conditions
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where
applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5).
1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause
set forth in paragraph (1) of this section, in the sum of$27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this section.
EXHIBIT I -2 cAO
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2) of this section.
4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section."
Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance
Funding.
Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C.§7401 et seq. 2.The contractor
agrees to report each violation to the County and understands and agrees that the County will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and
understands and agrees that the County will, in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding
150,000 financed in whole or in part with Federal assistance provided by FEMA.
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who
apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
EXHIBIT I -3
CAt1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient."
Procurement of Recovered Materials (§200.322) (Over$10,000): 1. In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired— a. Competitively within a timeframe providing
for compliance with the contract performance schedule; b. Meeting contract performance requirements; or
c. At a reasonable price. 2. Information about this requirement, along with the list of EPA-designated items,
is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also
agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act."
Contracting with small and minority businesses, women's business enterprises, and labor surplus
area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b)
Affirmative steps must include:
1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2)Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce; and
6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraphs (1) through (5) of this section.
STATE PROVISIONS
Convicted Vendor and Discriminatory Vendors List: Those who have been placed on the convicted
vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids 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 a public entity, and may not transact business with any
public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (42 U.S.C. 6201).
Immigration and Nationality Act: The State of Florida will not intentionally award publicly-funded contracts
to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act("INA")].The Division shall consider the employment by any contractor of unauthorized aliens
a violation of Section 274A(e) of the INA.
EXHIBIT I-4 411)
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for
the inspector general to have access to any records, data and other information deemed necessary to carry
out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5),
Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature,
the judicial branch or any state agency.
Public Records: The mere receipt of public funds by a private entity, standing alone, is insufficient to bring
that entity within the ambit of the public record requirements. However, when a public entity delegates a
public function to a private entity, the records generated by the private entity's performance of that duty
become public records. Thus, the nature and scope of the services provided by a private entity determine
whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of
Florida's Public Records Law.
Record Retention: The contractor shall maintain and retain sufficient records demonstrating its compliance
with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall
allow the County, FDEM, or its designee's access to such records upon request.
EXHIBIT I-5 CAO
Collier County Solicitation 20-7818
EXHIBIT LB
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Acknowledgement of Terms,Conditions,and Grant Clauses
Certification
If the vendor subcontracts any of the work required under this Agreement,a copy of the signed subcontract
must be available to the Department for review and approval. The vendor agrees to include in the
subcontract that (1)the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement,to the extent allowed and required by law.The recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this agreement.
For each subcontract,the Recipient shall provide a written statement to the Department as to whether the
subcontractor is a minority vendor as defined in Section 288,703, Fla.Stat.
On behalf of my firm, I acknowledge,the grant requirements identified in this document.
Vendor/Contractor Name Johnson Engineering,Inc.
Date I/15/2021
Authorized Signature 7P,1
Michael Dickey,PE,Vice Presidrt
EXHIBIT I.B-1
12/4/2020 10:22 AM p.212
Collier County Solicitation 20-7818
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status. Contractor means an entity that receives a contract.
A. VENDOR/PRIME CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT
Johnson Engineering,Inc. 59-1 173834
IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? Y ® IS THE ACTIVITY OF THIS CONTRACT,
MINORITY OR WOMEN BUSINESS ENTERPRISE
DBE/MBE/WBE)?OR HAVE A SMALL DISADVANTAGED
DBE? Y ®^ CONSTRUCTION? Y N
BUSINESS BA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y ` J CONSULTATION? 4 N
ADMINISTRATION? OR A SERVICE DISABLED VETERAN?WBE? Y ® OTHER? Y 41310
SDB 8A? Y (=>
IS THIS SUBMISSION A REVISION? Y ( N ) JIF YES,REVISION NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
DBE,MBE,WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE PERCENT OF CONTRACT
VET,SMBBA NAME SPECIALTY (See Below) DOLLARS
WBE Cella Molnar&Associates Public Relation. NMW 3%
WBE Archaeological Consultants Archaeological NMW 3%
TOTALS: 6%
C. SECTION TO BE COMPLETEp:BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER 1 r° DATE TITLE OF SUBMITTER
Michael Dickey,PE 1/15/2021 Vice President
EMAIL ADDRESS OF PRIME(S I T.R) TELEPHONE NUMBER FAX NUMBER
mdickey@johnsoneng.com 239) 461-2455 239) 334-3661
NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms, This form must be submitted at time of response to a
solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files.
ETHNICITY CODE
Black American BA
Hispanic American HA
Native American NA
Subcont.Asian American SAA
Asian-Pacific American APA
Non-Minority Women NMW
Other:not of any other group listed 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP or PO/RED) GRANT PROGRAM/CONTRACT
ACCEPTED BY:DATE
12/4/2020 10:22 AM EXHIBIT I.B-2 p.213
CA(
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Subcontractor Covered Transactions
1) The prospective subcontractor, * Johnson Engineering,Inc.
of the Sub-Recipient certifies, by submission of this document, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency,
2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR
Johnson Engineering,In
By: L 'N
Collier County
Signature Sub-Recipient's Name
Michael Dickey,PE, Vice President H0469
Name and Title DEM Contract Number
2122 Johnson Street, 4337-379-R
Street Address FEMA Project Number
Fort Myers,FL 3390 I
City, State, Zip
1/15/2021
Date
50
EXHIBIT LB-3
CA(
J4/2020 10:22 AM p.214
Collier County Solicitation 20-7818
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
LOBBYING CERTIFICATION
fro be submitted with each bid or offer exceeding$100,000)
The undersigned[Contractor]certifies, to the best of his or her knowledge,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et
seq., apply to this certification and disclosure, if any.
Johnson Engineering,Inc,__
Contractor(Firm Nam
j
rr
4
Signature of go.) actor' Authorized Official
Michael Dickey,PE,Vice President
Name and Title of Contractor's Authorized Official
1/15/2021
Date
EXHIBIT 1.6-4
A CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DODZYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
BKS Partners
NAME: Yantza SOLO
P.O.Box 60043 A/c°.No.Ext):239-931-3021 FAX No):239-931-5604
Fort Myers FL 33906-6043 ADDRESS: yaritza.soto@bks-partners.com
INSURER(S)AFFORDING COVERAGE NAIC 8
INSURER A:American Cas Co of Reading PA 20427
INSURED JOHNS05
INSURER B:Continental Insurance Company 35289
Johnson Engineering,Inc.
PO Box 2112 INSURER C:Valley Forge Insurance Co. 20508
Fort Myers FL 33902-2112 INSURER D:Continental Casualty Company 20443
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1895813117 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
LTRINSD WVD POLICY NUMBER MM/DD/YYYY) IMM/DD/YYYYI LIMITS
A X COMMERCIAL GENERAL LIABILITY Y 4027219232 9/15/2020 9/15/2021 EACH OCCURRENCE $1,000,000
CLAIMS-MADE X OCCUR
DAMAGE TO RENTED
PREMISES(Ea occurrence) $100,000
MED EXP(Any one person) $15,000
X XCU PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY X jE7 X LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER:
D AUTOMOBILE LIABILITY 5084100207 9/15/2020 9/15/2021 COMBINED SINGLE LIMIT $1,000,000Eaaccident)
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
BODILY INJURY(Per accident) $AUTOS ONLY AUTOS
X
HIRED x NON-OWNED PROPERTY DAMAGE
AUTOS ONLY _AUTOS ONLY Per accident)
X PIP PIP 10,000
B X UMBRELLA LIAB X OCCUR 4034928401 9/15/2020 9/15/2021 EACH OCCURRENCE $5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000
DED X RETENTION$1ronn
C WORKERS COMPENSATION WC434939852 9/24/2020 9/24/2021 X STATUTE ERHANDEMPLOYERS'LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N N/A
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
PROJECT:Collier County Design Services for Upper Gordon River Improvements,RPS No.20-7818.
Collier County Board of County Commissioners is included as additional insured with respect to general liability on a primary and noncontributory basis,as per
endorsement CNA75079XX.30 days notice of cancellation applies except 10 days for nonpayment.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Commissioners
3295 Tamiami Trail East,Bldg.C-2
AUTHORIZED REPRESENTATIVENaplesFL
34112Iy
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1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
1 JOHNENG-01 BBROWN
ACORO CERTIFICATE OF LIABILITY INSURANCE
DATD/YYYY)
1/15/215/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACTNAME:
JCJ Insurance Agency,LLC PHONE FAx
2208 Hillcrest Street A/C,No,E:t):(321)445-1117I(A/c,No):(321)445-1076
Orlando,FL 32803 E-MAILADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Berkley Insurance Company 32603
INSURED INSURER B:
Johnson Engineering,Inc. INSURER C:
2122 Johnson St. INSURER D:
Fort Myers,FL 33901
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUER
POLICY NUMBER
POLICY EFF POLICY EXP
LIMITSLTRINSDWVDIMM/DD/YYYY) IMM/DD/YYYYI
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES(Ea occurrence) $
MED EXP(Any one person) $
PERSONAL 8 ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $
POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $
OTHER:
AUTOMOBILECOMBINED SINGLE LIMITLIABILITYEaaccident)
ANY AUTO BODILY INJURY(Per person) $ - _
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY —AUTOS ONLY Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY
V/N
STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
Mandatory in NH)
E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Professional Liab AEC-9039448-05 9/15/2020 9/15/2021 Per Claim 2,000,000
A Pollution Liab AEC-9039448-05 9/15/2020 9/15/2021 Aggregate 2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)RE:Collier County Design Services for Upper Gordon River Improvements,RPS No.20-7818.30 Day Notice of Cancellation,except for 10 days for
non-payment.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier County
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Trail East,Bldg C-2
Naples,FL 34112
AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD