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Backup Documents 06/11/2024 Item #16B10 (Jacobs Engineering Group, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP RFCF 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ; 1 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURJtiM l i 2- Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Coyv_K MatlydJement Office no later than Monday preceding the Board meeting. d **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management , G C///l� 2. County Attorney Office County Attorney Office i L� � , 4. BCC Office Board of County /�` Commissioners Ci tym 1I 4 f 15IT Y 4. Minutes and Records Clerk of Court's OfficeCR /1310)44, 61' 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Deidra De La Cruz/Procurement Contact Information 239-252-8950 Contact/Department Agenda Date Item was June 11, 2024 Agenda Item Number 16.B.10 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8103 Jacobs number if document is Jacobs Engineering Engineering to be recorded Group, Inc. Group,Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be DD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the DD document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on May 28,2024 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County 5R,/- 66 an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 7'Ih5 an option for Chairman's signature. this line. PROFESSIONAL SERVICES AGREEMENT 8 Contract# 23-8103 for "Golden Gate City Water Resource Protection - Restoration Master Plan " THIS AGREEMENT is made and entered into this ';`� day of , 20 ;;j by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Jacobs Engineering Group, Inc authorized to do business in the State of Florida, whose business address is 6312 S. Fiddler's Green Circle, Suite 300N, Greenwood Village, CO 80111 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Golden Gate City Water Resource Protection - Restoration Master Plan (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. Page 1 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] CAO 16810 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Diana Francois, PE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(o�colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: Page 2 of 29 PSA_CCNA Single Project Agreement[2024 ver.2]Icpo 1 6 810 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] •-" CAo 1 6 810 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. Page 4 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] _ CAo i 6 810 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; Page 5 of 29 PSA_CCNA Single Project Agreement[2024_vv..21 CAO i6810 d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. Page 6 of 29 PSA_CCNA Single Project Agreement[2024 ver.2] . 1 i 4 ARTICLE FIVE i 6 810 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 company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. *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. Page 7 of 29 PSA_CCNA Single Project Agreement[2024_ver CAO 6 810 ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. Page 8 of 29 PSA_CCNA Single Project Agreement[2024_ve CAO 16 810 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 of 29 PSA_CCNA Single Project Agreement[2024_vcj 16 810 CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or(b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of Page 10 of 29 PSA_CCNA Single Project Agreement[2024_ver. CAO 1681O the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Page 11 of 29 PSA_CCNA Single Project Agreement[2024_ver. CAO 16 810 Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Impact Fee Capital Project Planning Division Director: Beth Johnnsen Address: 2885 Horseshoe Dr. S, Suite 103 Naples, FL 34104 Administrative Agent/PM: Lorraine Lantz Telephone: 239-252-5779 E-Mail(s): Lorraine.LantzCollierCountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Jacobs Engineering Group Address: 5811 Pelican Bay Blvd, Suite 305 Naples, FL 34108 Page 12 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] CAO 16810 Attention Name & Title: Ellen Patterson Telephone: 561-914-0192 E-Mail(s): Ellen.Patterson(c�jacobs.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1 . CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: Grant Provisions Solicitation # 23-8103 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] CAO 16 810 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 29 PSA_CCNA Single Project Agreement[2024 ver.2] CAO 1 6 810 ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21 .1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the Florida state law requirements set forth in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. [Signature page to follow this page] ******Remainder of page intentionally left blank****** Page 15 of 29 PSA_CCNA Single Project Agreement[2024_ver.21 CA 16810 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal,K. Kinzel, Clerk of the Circuit ..Court and'Comptroller y '-''c-2 -ft,t,c t4A.4,t By: �- Dater .. 1' i 3 Chris Hall Chairman ved as to o m and Le ality: County Attorney ______1,41tj ‘,$'4a.4- 1._____ Name Consultant: Consultant's Witnesses: Jacobs Engineering Group, Inc. ,...- i (V------____ — `*----CD0 yl- By: Witness p n- Pt �c R yJo ' C�1Gi1tl1J�Q ,Gf / kkt+9N / dice- kt✓s;dirt Name and Title Name and Title 1-9tn)16&ies Pb'\r \ S�ltuC v 4\n , noa,�e tf Name and Title 0 (7.T Page 16 of 29 PSA_CCNA Single Project Agreement[2024_ver. ] A0 [ i SCHEDULE A ! 6 1310 SCOPE OF SERVICES 1 following this page (pages through 7 ) GAQ Page 17 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] Request for Professional Services(RPS)No. 23-8103 ! 6 8 1 0 "Golden Gate City Water Resource Protection—Restoration Master Plan" d Schedule A: Scope of Services Background Collier County was awarded a grant from the State of Florida Department of Environmental Protection (FDEP)for the Collier County Golden Gate City Water Resource Protection/Restoration Master Plan (hereinafter,the"Master Plan"). All work must be consistent with the grant and reimbursable requirements. Detailed Scope of Work In January 2019,the Collier Metropolitan Planning Organization contracted with Jacobs Engineering Group(hereinafter,the"Consultant")to conduct the Golden Gate City Walkable Community Study. As part of that study,Jacobs developed a prioritized list of sidewalk and pedestrian amenity projects that would promote and enhance walkability, bicycle use,transit use,and social equity throughout the community. In August 2020, Carollo submitted Technical Memorandum 1 Golden Gate Area Pipeline Asset Management Program. The purpose of the technical memorandum (TM)was to provide Collier County with a risk analysis of the acquired Golden Gate area's existing potable water network and to provide a conceptual design plan for a new potable water network for this area. The TM provided an overall phasing plan for replacing the existing water pipelines and installing pipelines in the areas currently served by wells. In June 2021,Tetra Tech submitted the Golden Gate Wastewater System Master Plan. The Plan was intended to provide a guide for the orderly expansion of the County's wastewater system in and around Golden Gate City. The Plan included an area to the Southeast of Golden Gate(Activity Center 9 Service Area). For the purpose of this Master Plan,the study area is within the limits of Golden Gate City which is a four-square mile area bound to the north by Green Boulevard,to the east by Collier Boulevard,to the west by Santa Barbara Boulevard and to the South by Golden Gate Main Canal. Activity Center#9, north of I-75 will be considered for utilities only. Under this Task Order,the Consultant will seek to understand and document the current stage of previously recommended projects by performing the following: • Review of existing plans and documents developed by others for the water and wastewater systems • Review of existing walkability study developed by Jacobs to determine if there have been any changes since the submittal of the document • Performing a lighting study and developing a landscaping plan • Compiling an Integrated Master Plan for the Study Area, including a database that prioritizes proposed improvements along with updated opinion of probable costs, anticipated schedule,and public involvement services The services for this Task Order include the following: 1. Confirm Infrastructure needs a. Wastewater b. Potable Water c. Sidewalks d. Bike Paths e. Stormwater 1 CA( Request for Professional Services(RPS)No.23-8103 1 6 810 "Golden Gate City Water Resource Protection—Restoration Master Plan" f. Irrigation Quality Water g. Fiber for water and wastewater infrastructure 2. Identify infrastructure needs a. Street Lighting Identify timing requirements 3. Identify potential work packages 4. Identify construction costs, financing options 5. Create Phasing Plan of infrastructure improvements Phase 1: Coordination Task 1.1 —Project Start Up I. Initial Kick-Off Meeting—The Consultant will organize an initial kick-off meeting with Collier County Transportation Management Services Department(TMSD)and Public Utilities Department (PUD) staff to review the project scope, project objectives/goals, project standards and project schedule for completing the work. This effort should also include the review of available funding sources, including potential grants. The Consultant shall prepare a project agenda and written meeting minutes summarizing the discussion and project action plan. The Consultant will submit a data request to the County ahead of the Kick-Off Meeting and may submit additional information requests as necessary. In addition to the documents included with the Request for Qualifications,the Consultant will request any Engineering technical evaluations and reports prepared over the past 10 years including but not limited to: a. Capacity Assessment Reports b. Capacity,Management, Operations, and Maintenance(CMOM)reports and documentation c. Wastewater Treatment Facility Reports and Permits d. All Available Operating Permits (WWTP and MS4 Permits) e. Regulatory Correspondence for the past five years including: permits and monthly Discharge Monitoring Reports/Performance Reports,DEP Facility Inspection Reports,Notice of Violations, Notice of Unauthorized Discharge Events, Boil Water Notifications, etc. f. Hydraulic Models—most up to date functioning models(Water Distribution System, Collection System,Reclaimed Water System) g. Stormwater Master Plan and/or Watershed Management Plan(s) h. Surface Waters Hydrodynamic model(if available) i. Five-year Capital Improvement Plans j. Development Agreements for new construction projects/planned community developments forecasted to require future utility conveyance and/or treatment capacity. Jacobs review to focus on residential communities and new commercial/industrial facilities that would need to comply with the Industrial Pretreatment Program (IPP). k. Operating Agreements(if available) i. Service area boundary agreements ii. Wholesale Customer Agreement 2. Utility Master Plans—The Consultant will review available utility master plans to validate previously recommended projects, approved and scheduled within the Study Area.Note: the Sports Complex is considered in the area of the project as piping and flow will need to be considered from that area to the central wastewater plant. 3. Initial Project Timeline—Consultant will prepare an initial project timeline in compliance with the FDEP Grant Agreement and submit to TMSD and PUD staff at the Initial Kick-Off Meeting. The 2 GPp Request for Professional Services (RPS)No.23-8103 1 6 810 "Golden Gate City Water Resource Protection—Restoration Master Plan" Consultant shall update the schedule throughout the duration of the project and shall provide a copy of the updated schedule to TMSD and PUD staff at their request. Meeting(s) • Kick-off Meeting Deliverables • Kick-off meeting agenda,PDF • Kick-off meeting summary,PDF • Request for Information List, PDF • Initial project timeline(Microsoft Project File and PDF) Task 1.2 — Geographical Limits Master Plan Map—The Consultant will discuss existing maps with TMSD and PUD and will develop a map of the Golden Gate area(hereinafter,the"Study Area")to be used for all project documentation as agreed to by TMSD and PUD. The Map is intended to include the following items: • Existing utilities to the extent available in the County Geographic Information System (GIS)databases and previous reports • Existing Stormwater Management pipes(size and type), swales,and channels structures based on the County GIS • Existing septic systems based on available County data • Right of Way and Typical Roadway Cross Sections • Major waterways,canals, rivers, lakes,etc. Meeting(s) • None Deliverables • Draft Master Plan Map • Final Master Plan Map • GIS layers Phase 2: Infrastructure Needs Assessment and Documentation Task 2.1 Preliminary Data Gathering and Analysis The goal of this task is to gather and review all available approved plans, studies, reports, evaluations of existing infrastructure including existing wastewater mains,potable water mains, lift stations, sidewalks, bike paths,traffic,traffic calming/complete streets,paving, street lighting, landscaping, and communications to determine facilities and needed improvements within the Study Area. The Consultant will also gather institutional knowledge by interviewing key staff to determine the status of previously recommended projects and projects currently under design and construction. The Consultant will perform the following tasks. Water Distribution Systeni The Consultant will review Technical Memorandum 1—Golden Gate Are Pipeline Asset Management Program developed by Carollo in August 2020. The Consultant will seek to understand the source data used for the modeling effort to the extent possible and the basis for the recommended improvements, including water mains needed to replace mains that are at a high risk of failure and to serve homes that are currently on raw water wells. The TM developed by Carollo does not mention an evaluation of the water quality in the distribution system. Jacobs will request boil water notices for the past 5 years and will 3 GAO Request for Professional Services (RPS) No.23-8103 1 b 810 "Golden Gate City Water Resource Protection—Restoration Master Plan" develop of a map representing the locations affected by those notices to determine if the water quality should be evaluated as part of a separate project. Because of increasing material and labor costs,the Consultant will update the Class 5 Construction Cost Estimates included in the TM. The Consultant will request model files and supporting data for their review. The Consultant will not review or propose updates to the Land Development Code Amendment included in the TM. Soft digs will not be performed. Wastewater Collection and Treatment The Consultant will review the Golden Gate Wastewater System Master Plan developed by Tetra Tech in June 2021. The Consultant will seek to understand the source data used to develop the Master Plan to the extent possible and the basis for the recommended improvements, including collection system pipes and pump stations required to serve areas that are currently on septic tanks. The Consultant will request model files and supporting data for their review. Soft digs will not be performed. Sidewalks, Bike Paths, Roadway Improvements, and Landscape The Consultant will conduct a site visit to the study area followed by a desktop analysis to evaluate the need and feasibility of adding bike lanes and landscaping, and to determine required roadway improvements. The Consultant will coordinate with the Public Transit and Neighborhood enhancement Division(PTNE),the Transportation and Planning Departments to take into account their plans within the study area. Last,the Consultant will evaluate which recommendations from the previous Walkable Community Study Report have been implemented and will provide an updated list of recommended projects. Lighting The Consultant will perform a lighting study for the study area. The study shall: • Consider roadway lighting and pedestrian lighting standards to recommend the system that will satisfy the needs of the community. • Coordinate with the study area's electrical provider to confirm that they can accommodate new lighting equipment. Stormwater The Consultant will interview key County staff from the Stormwater Management Department to compile a list of drainage projects currently underway within the study area. The Consultant will use this information to incorporate into work packages with other infrastructure projects. The Consultant will not develop a stormwater model to determine whether the drainage projects that are under design or construction will be effective in addressing potential flooding issues in the future. Roadways The Consultant will perform a site visit to visually assess the condition of the roadways within the study area to determine whether any improvements are required and will develop typical sections for recommended improvement based on the roadway classifications. This does not include conceptual design or detailed design drawings. Irrigation Quality(IQ Water The Consultant will evaluate the potential for installing an IQ water system throughout the Study Area by determining potential commercial and residential users, public support,high level pipe sizing and probable construction costs. Consultant will not be developing a hydraulic or water quality model of the irrigation system. 17'Fibers The Consultant will review available GIS layers of existing fibers to determine if there are any water or wastewater infrastructure that should be added to the fiber network and will provide a probable construction cost for recommended fiber improvement projects. 4 CAO Request for Professional Services(RPS)No. 23-8103 1 6 810 "Golden Gate City Water Resource Protection—Restoration Master Plan" Funding The Consultant will identify and evaluate available funding alternatives for the recommended water, wastewater, drainage, bike paths, sidewalks and lighting improvements. Funding sources to be evaluated include government grants at various levels(local, regional, national) as listed below): • America Rescue Plan Act(ARPA) • Infrastructure Investment&Jobs Act(IIJA) • Federal Emergency Management Agency's (FEMA)Building Resilient Infrastructure& Communities(BRIC) • FEMA Hazard Mitigation Grant Program (HMGP) • EPA Water Innovation Finance and Innovation Act(WIFIA) • US Fish and Wildlife Coastal Resilience Program • Resilient Florida Grant Program • FDEP RESTORE Act—Gulf Coast Restoration Trust Fund • Florida State Revolving Loan Program for Clean Water and Drinking Water • Community Development Block Grant Program (CDGG) • Other grant and loan opportunities identified by County staff or Jacobs. The Consultant will not be performing a rate study as part of this task order. Phasing and Work Package Development[for scope items that you work nnJ Once the Consultant has collected all available GIS layers pertaining to this Scope of Work and validated previously recommended projects, a database will be developed to allow the Consultant to develop work packages and the phasing for each recommended project. The phasing will take into account available funding. Jacobs will consider projected revenues and existing Capital Improvement Plans(CIP)budgets provided by County staff in the phasing process. Meeting(s) • Up to five meetings with PUD and TMSD staff to discuss draft sections prepared by the Consultant Deliverables • Draft copies of each chapter and the entire technical plan to TMSD and PUD staff for review, PDF • Consultant will organize and conduct meetings with PUD and TMSD staff to discuss the chapters and preliminary drafts of the plan prior to the submittal. The draft will be provided for review, comments, and discussion. Revised technical chapters or plan will be submitted as required to reflect comments. Consultant will submit the technical plan as part of the final Master Plan and electronic files containing the final report in PDF format. Task 2.2 — Prepare Report a. The Consultant will develop the Golden Gate Integrated Master Plan. The report shall consist of the following sections, incorporating results of previous tasks herein: • Section 1 —Executive Summary • Section 2—Introduction • Section 3 —Review of all Existing Infrastructure Facilities - Wastewater - Potable Water - Stormwater - Sidewalks - Bike Paths - Roadways 5 CAO Request for Professional Services(RPS)No.23-8103 t p n "Golden Gate City Water Resource Protection—Restoration Master Plan" V 810 - Street Lighting - Landscaping - IT fiber used for both transportation and public utility facilities • Section 4—Project Phasing Plan of all improvements • Section 5—Preliminary Cost Estimate for design,construction, CEI,with potential financing and funding review including potential assessments • Section 6—Summary and Recommendations b. Consultant will submit draft copies of the Golden Gate Integrated Master Plan to TMSD and PUD staff for review at least 2 weeks prior to the meeting to review the Plan. c. Consultant will organize and conduct a meeting with PUD and TMSD staff to discuss the Golden Gate Master Plan. A revised Plan will be submitted for PUD and TMSD approval and will reflect comments/recommendations. Consultant will submit final report after all parties agree as to its ability to move forward to Board of County Commissioner(BCC)approval. The Plan shall contain all native files and electronic files for review. The final report shall be in PDF format. All native files shall be provided separately. d. Consultant shall assist County staff with preparation of executive summary and PowerPoint presentation to Collier County Commissioners at a BCC Meeting for adoption/approval. Consultant shall assist County staff with preparation and attendance at"one-on-one"meetings with the BCC and County Senior Leadership and a public meeting. The Consultant assumes that they will participate in up to seven (7)meetings. Meeting(s) • Draft Integrated Master Plan Review Workshop • Attendance to up to seven(7) BCC meetings Deliverables • Draft of Compiled Integrated Master Plan, PDF • Final of Compiled Integrated Master Plan, PDF • Materials for up to seven (7) BCC meetings Public Involvement Consultant and their subconsultant(s)shall complete the required public involvement services throughout the project. Work under this item includes the following: e. Preparing a comprehensive mailing list for all property and business owners who will be affected by the Golden Gate Master Plan for participation in any future public meeting. The level of effort for this task is based on an estimated 8,000 residences and businesses within the Study Area. f. Preparing up to twelve(12) informational newsletter(s), fliers,or presentations(as needed)that describe the project and address frequently asked questions. g. Press releases as necessary for notification to the public. h. Maintaining the Public Inquiries and Project Customer Service Log of contact information, questions, and responses. i. Respond to public concerns and document public involvement efforts. j. Attending up to ten(10)meetings with Elected Official, Leadership meetings, coordination with appropriate agencies(including FDOT, FDEP, SWFWMD, FPL, and Golden Gate Civic Association). k. Securing site and developing meeting materials for any project public meeting(s). Creating content for the public web site for project and updates as necessary 6 CAO Request for Professional Services (RPS)No. 23-8103 V O "Golden Gate City Water Resource Protection—Restoration Master Plan" Meeting(s) • Up to ten(10)meetings with various entities Deliverables • Mailing list for up to 8,000 residences and businesses • Up to 12 newsletters/fliers • Customer inquiry log • Public project website maintained for 16 months Task 2.3 — Grant Compliance The Consultant will provide documentation, support, and compliance assistance,as necessary with all Grant Agreement Terms and requests. The Consultant assumes up to 16 write-ups to serve as documentation needed for the County to submit monthly reports to the Grantor. Meeting(s) • Up to six meetings to discuss grant requirements and needed support Deliverables • Up to 16 write-ups to be included in the County's Grant Compliance Report Assumptions • The Consultant will be responsible for reserving a County-owned space for the public meetings. The County will be responsible for providing the furniture(tables, stanchions, chairs, etc.)needed for the public meetings as well as the costs associated with the reservations. • The County will provide review comments on each submittal within 14 calendar days of receipt. • Jacobs will reasonably rely upon the accuracy,timeliness, and completeness of the information/data provided by the Client or other third parties without independent verification. Additional effort by Jacobs due to invalid data or information provided by the Client or others may entitle Jacobs to additional compensation. • In providing opinions of cost, financial analyses, economic feasibility projections, for the project, Jacobs has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions;time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Jacobs makes no warranty that Client's actual project costs,financial aspects, economic feasibility,will not vary from Jacobs' opinions, analyses,projections, or estimates and Jacobs shall have no liability for such variances. Exclusions 1. Consultant will not be performing soft digs as part of this Task Order. 2. This Task Order does not include conceptual design or detailed design documents,permitting or services during construction. CAO SCHEDULE B ' 6810 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 1.1 Project Start Up $26,092 $ 1.2 Geographical Limits $65,396 $ 2.1 Preliminary Data Gathering and Analysis $594,294 $ 2.2 Prepare Master Plan/Report $270,682 $ 2.3 Grant Compliance $32,448 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ 988,912 Total Time and Materials Fee $ GRAND TOTAL FEE $988,912 Page 18 of 29 CAO PSA_CCNA Single Project Agreement[2024 ver.2] 1 6 6. 0 B.2.2. n* . . . , apiareval, . . . . , billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed. B.2.3. ❑■* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. 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"lathes" 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 Page 19 of 29 CAC PSA_CCNA Single Project Agreement[2024_ver.2] 16810 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. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. [END OF SCHEDULE B] GAO Page 20 of 29 PSA_CCNA Single Project Agreement[2024 ver.2] 16B10 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 Senior GIS Specialist $149 GIS Specialist $114 Clerical/Administrative $73 Senior Technician $102 Technician $83 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 21 of 29 GAO PSA CCNA Single Project Agreement[2024_ver.2] SCHEDULE C 6 8 1 "' PROJECT MILESTONE SCHEDULE Number of Calendar Days Task/Item For Completion of Task Description from Date of Notice to Proceed 1 .1 Project Start Up 30 1 .2 Geographical Limits 40 2.1 Preliminary Data Gathering and Analysis 200 2.2 Prepare Master Plan/Report 424 2.3 Grant Compliance 455 Page 22 of 29 GAO PSA_CCNA Single Project Agreement[2024_ver.2] SCHEDULED 1 6 910 INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation ti... Page 23 of 29 CAO PSA_CCNA Single Project Agreement[2024_ver.2] 1 6 810 purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( n ) are required by this Agreement. 10. ❑■ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $ 500,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11 . n • where applicable to the completion of the work. Cover gc shall have minimum limits of $ Per Claim/Occurrence. 12. n er 13. • COMMERCIAL GENERAL LIABILITY. A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. Page 24 of 29 CAO PSA_CCNA Single Project Agreement[2024_ver.2] 1 6 1310 14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. ❑ Watercraft Liab+lit . SUBCONSULTANT in limits of not less than the Commercial Ccncral Liability limit shown in 16. ❑ v , completion of the Services under this Agreement. 17. ❑■ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of$ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. 18. ❑ tirnum limits of$ Per Occurrence. 19. ❑ CYBER-INSURANCE:---Coverage-sha4l-havve-m+ m4 .t, of$ Per geouffence 20. n 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. A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $2,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Page 25 of 29 ` LAO PSA_CCNA Single Project Agreement[2024_ver.2J- 1 6 810 Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] Page 26 of 29 CAS PSA_CCNA Single Project Agreement[2024 ver.2] 6 810 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Jacob's 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 "Golden Gate City Water Resource Protection - Restoration Master Plan "project" is accurate, complete and current as of the time of contracting. BY: IS1144,1) A�ffr-r4..1 TITLE: (J CE PArs/De-evi— i DATE: 5/3P-411 �-4L Page 27 of 29 PSA_CCNA Single Project Agreement[2024_vcr. GAO SCHEDULE F 1 6 1310 KEY PERSONNEL Name Personnel Category Percentage of Time Bill Beddow, PE Principal 6% Diana Francois, PE Senior Project Manager 9% Leisha Pica, PE Senior Engineer 15% Victoria Berry Senior Planner 4% Nick De Ciccio Senior GIS Specialist 10% Andrea Rocha Engineer 32% Felicia Kirby Planner 7% Sonal Dodia GIS Specialist 9% Vanessa Davis Clerical/Administrative 8% Page 28 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] CAO 1 6 B 10 SCHEDULE G Other: Grant Provisions (Description) IIfollowing this page (pages 1 through 9 ) ❑ this schedule is not applicable Page 29 of 29 PSA CCNA Single Project Agreement[2024_ver. GAO Collier County Solicitation 23-8103 16810 STATE CONTRACT PROVISOINS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSITANCE PROGRAM 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 the Florida Department of Environmental Protection will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law,regulations,executive orders,policies,procedures,and directives.Pursuant uniform requirements of grant awards the definition of CONTRACTOR is an entity that receives a Contract/Purchase Order. Applicable Laws-The County and all its agents shall comply with all federal,state and local regulations,including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.The County shall include this provision in all contracts issued. Diversity—All contracting and subcontracting opportunities afforded by this solicitation/contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850) 487-0915 Equal Employment Opportunity: No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 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 a state agency. Local Preference: Pursuant to Section 255.0991,F.S. local vendor preference is not applicable Physical Access and Inspection:Grantor personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. The County shall provide access to any location or facility on which County is performing work,or storing or staging equipment,materials or documents. ii. The County shall permit inspection of any facility, equipment,practices, or operations required in performance of any work pursuant to this Agreement;and, iii. The County shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. Record Retention: A. 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, the State, or its authorized representatives access to such records for audit purposes upon request. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes.Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility Page 1 of 9 CAO 4/17/2023 2:19 PM p.361 Collier County Solicitation 23-8103 16 B1U STATE CONTRACT PROVISOINS Statutory Notices Relating to Unauthorized Employment: The County shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. Statutory Notices Relating to Subcontracts: Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime_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 County,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 Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors- An entity or affiliate who has been placed on the discriminatory vendor list 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. iii. Antitrust Violator Vendors-A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal,or reply on any contract to provide any good or services to a public entity;may not submit a bid, proposal,or reply on any contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification-The County shall notify FDEP if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at(850)487-0915. Third Parties: FDEP shall not be deemed to assume any liability for the acts, failures to act or negligence of the County, its agents, servants, and employees,nor shall the County disclaim its own negligence to FDEP or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If FDEP consents to a subcontract,the County will specifically disclose that this Agreement does not create any third-party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. Grantee's Employees, Subcontractors and Agents. All County employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications.Upon request,the County shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of FDEP and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. Page 2 of 9 CAO 4/17/2023 2:19 PM p.362 Collier County Solicitation 23-8103 16 B1U STATE CONTRACT PROVISOINS GRANT CERTIFICATIONS AND ASSURANCES The following documents are to be completed and returned with the solicitation response by the solicitation deadline. I. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Conflict of Interest 3. Anticipated DBE,M/WBE or VETERAN Participation Statement 4. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 5. Acknowledgement of Grant Terms and Conditions Page 3 of 9 CAO 4/17/2023 2:19 PM p.363 Collier County Solicitation 23-8103 I6B10 STATE CONTRACT PROVISOINS COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Ellen B. Patterson Golden Gate City Water Resource Protection - Restoration Master Plan Name Project Name Geographic Operation Manager Solicitation 23-8103 Title Project Number Jacobs Engineering Group Inc. 95-4081636 Firm Tax ID Number MKCAUUG2K7H6 SAM.gov Unique Entity Identification (UEI)No. 5811 Pelican Bay Blvd, Suite 305, Naples, Florida 34108 Street Address, City, State, Zip Signature Page 4of9 GAO 4/17/2023 2.19 PM p.364 1 6 B10 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions Explanation for 1 (d) Jacobs Engineering Group Inc. (JEG), its parent, Jacobs Solutions Inc. and related companies and affiliates form a global organization that has the technical, financial, and professional qualifications and resources to deliver Engineering Services to Collier County supporting Solicitation 23-8103 Golden Fate City Water Resource Protection-Restoration Master Plan. Jacobs Solutions Inc.'s annual reports, SEC filings, and Proxy reports can be found at http://invest.jacobs.com/investors/Jacobs-Filings/default.aspx. From time to time and in the ordinary course of its business, JEG is subject to various claims, disputes, terminations, arbitrations, and other legal proceedings. It is JEG's practice to defend itself in such actions, many of which are generally subject to insurance, and none of which are expected to have a materially adverse effect on the organization's consolidated financial statements. No such litigation is expected to have any impact on JEG's potential ability to perform the contract. In August 2020, the Procurement Office of the Arizona Department of Transportation ('ADOT') notified Jacobs Engineering Group Inc.('Jacobs') of its intent to terminate an On-Call Acquisition and Relocation Services contract(CTR049970 and CTR049971) for default due to a disputed real estate brokerage licensing requirement.Jacobs has been in the process with ADOT of correcting this administrative default and to secure rescission of the notice. No task orders had been requested or issued under the subject On-Call. Jacobs has delivered world-class engineering services with ADOT for over 30 years.Jacobs continues to win new contracts and deliver many projects with ADOT.This termination is not expected to have a material adverse effect on Jacobs Engineering Group Inc., or upon the business, financial condition, results of operations, or cash flows for the company. GAO Collier County Solicitation 23-8103 � 6B10 STATE CONTRACT PROVISOINS Page 5 of 9 Cio 4/17/2023 2:19 PM p.365 Collier County Solicitation 23-8103 16610 STATE CONTRACT PROVISOINS COLLIER COUNTY Conflict of Interest Certification RPS NO: 23-8103 Collier County Solicitation No. I, Ellen B. Patterson , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child,general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter,and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in,or is affected at a later date by,the conduct of this matter. Ellen B. Patterson l Name Signature Geographic Operation Manager May 24, 2023 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1)to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation;and(6)in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. Page 6 of 9 GAO 4/17/2023 2:19 PM p.366 Collier County Solicitation 23-8103 16 810 STATE CONTRACT PROVISOINS COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verifted. Unverifabie statuses vAll require the PRitylE to either pride a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME FIME FE D NUMBER CON-P4CT DO_LA F.AmouNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN y N tS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION? (D&E/MBETWBE)OR HAVE A SMALL DISADVANTAGED BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MBE? V N CONSULTAT ON? ADMINISTRATION? A SERVICE DISABLED VETERAN' ‘NSE? Y N OTHER? 5D8 SA? V N IS TH S SIBMiSS ON A REVISION? V N F ES,PEV SION 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 'A/W BE SUBCONTRACTOR OR SUPPLIER TYPE OF WORX OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY {see Below) DOLLAR AMOUNT DOLLARS TO-ALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME ISLIBMTTTER) TELEPHONE NUMBER FAX NUMBER NOTE:This information is used to track and report anticipated DBE or MBE participation in fecterally-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. ,f and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. ETHNICItlY CODE Black American BA Hispanic American H.A Native American NA Subcant.As an American 50.4 Asian-Pacific American APA Non-Minorir.Women Other:not of arty other group listed 0 O, SECTION TO BE COMPLETED BY COLLIER COUNTY DEPA R-MENT NAME 1.0-` 40:T= RFP or PO pEo GRANT PROGRAM:COVrRACT ACCEPTED BY: DATE Page 7 of 9 cg) 4/17/2023 2:19 PM p.367 Collier County Solicitation 23-8103 I 6 810 STATE CONTRACT PROVISOINS -,,,a ti, ::..Y1Mtr7 GRANI COMPLIANCE FOP. 131D OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES i't is the poky of Cother Countp that disadvantaged businesses and minority vendors,as defined PI the Code of federal illegulations( FR)c-,' Florida Statutes(FS),must have the aa partiality to participate on contracts with federal and/or state grant assistance. Prime Contractor/Prime Consultant' Address and Phone Number: Procurement Number/AtNerrisement Number: The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The list must include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1.2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and B. This form must be submitted with the bid package. 1. Federal Tax In Number: 6 Ei DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million 3. Phone Number Between$1-5 million 4. Address Between$5-10 million ...• •• 7,0 Subcontractor Between'.5 10-13 million Subconsultant More than$15 million --- 5. rear Firm Established: 1. Federal Tax ID Number: 6.EI DBE B. Annual Gross Receipts 2. Firm Name' Noi-DBE Less than$1 million 3. Phone Number: Between$1-5 Trillion 4. Address Between$5-10 million 7 f ] subcontractor Betv oeen 5 10.15 millionSubconsultant Mare than 5 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6 Ei DBE 8 Annual Gross Receipts 2. Firm Name. Non-DBE Less than$1 million — 3. Phone Number: Between$1-5 rnalficra A. Address Between$5-10 million 7 Subcontractor Between$10-15 millionEi Subconsultant More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number 6 Ei DBE 2 Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million —.. 3. Phone Number- Between 5 1-5 million — 4. Address Between$5-10 million — 7. Subcontractor B subconsuttant _Between 5 10-15 million More than 5 15 million 5. Year Firm Established, Page 8 of 9 CPO 4/17/2023 2.19 PM p.368 Collier County Solicitation 23-8103 I 6 9 a STATE CONTRACT PROVISOINS COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: 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. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Jacobs Engineering Group Inc. Date May 24, 2023 Authorized Signature Address 5811 Pelican Bay Blvd, Suite 305, Naples, Florida 34108 Solicitation/Contract# RPS NO: 23-8103 Page 9 of 9 GAO 4/17/2023 2:19 PM p.369