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#23-8193 (Johnson Engineering, LLC) PROFESSIONAL SERVICES AGREEMENT Contract # 23-8193 for "Design Services for Transmission Water Main Improvements (Vanderbilt Beach Rd and Airport Pulling Rd) THIS AGREEMENT is made and entered into this I Z day of NIoveYVleer , 20 Zu by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Johnson Engineering, LLC authorized to do business in the State of Florida, whose business address is 2122 Johnson Street, Fort Myers, FL 33901 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESS ETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Services for Transmission Water Main Improvements (Vanderbilt Beach Rd and Airport Pulling Rd (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 CONSULTANTS 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] 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Michael Dickey, PE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: 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(p�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] 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] 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] 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_ver.2] 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_ver2] ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and 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. RGfant Funded T-fre-hourly-rates as set forth and identi#1ed-+n-Schedute-B7-w is -i attached hereto;-afe-for-purposes-ef-providing estimate(s);_as required byte-gfa tor 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.2] 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_ver.2] 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 CONSULTANTS 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_ver.2] 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.2] the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Page 11 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Engineering and Project Management Division Director: Matthew McLean Address: 3339 Tamiami Trail E, Naples, FL 34112 Administrative Agent/PM: Liz Gosselin Telephone: 239-252-1037 E-Mail(s): Liz.Gosselin@colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Johnson Engineering, LLC Address: 2122 Johnson Street Fort Myers, FL 33901 Page 12 of 29 PSA_CCNA Single Project Agreement[2024_ver.21 0 Attention Name & Title: Michael Dickey, Vice President Telephone: 239-334-0046 E-Mail(s): mdickey(@johnsoneng.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. 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- Solicitation # 23-8193 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] 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] 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.2] IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: NUall,ix,<O. Z By: Fr. Date:N� :;k•Mt"( , - 4 Attest as to Chairman' Chris Hall, Chairman x , signature only pprbv s or and gality: County Attorney g V` `reaLi . Name Consultant: Consultant's Witnesses: Johnson Engineering, LLC B1114441 °-.44A"'"Ilk 1(14)&1 _1 , tLwNNsI a V [4QWARA) Witness, t Name and Title l Name and Title 11/14(7/ Witness Name and Title Page 16 of 29 PSA_CCNA Single Project Agreement[2024_ver. A+ *7© SCHEDULE A SCOPE OF SERVICES 1 19 following this page (pages through ) Page 17 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] 23- 8193 Design Services for Transmission Water Main Improvements (Vanderbilt Beach Rd and Airport Pulling Rd) BACKGROUND The Engineering and Project Management Division (EPMD) of the Public Utilities Department(PUD)has program areas funded annually for the evaluation and upgrading of the Water Systems throughout Collier County.Due to the age and condition of the Public Utilities water infrastructure along Vanderbilt Beach Road from the Carica Pump Station to the east right of way limit of Airport Pulling Road,then south along Airport Pulling Road to Pine Ridge Road,a program has been established to systematically replace the existing aging water systems and install new water transmission systems. The goal of this project is to replace the existing 30"prestressed concrete cylinder pipe (PCCP) and 16" cast iron water main pipelines that extend along Vanderbilt Beach Road from the Carica Booster Pump Station to east of Airport Pulling Road,and to replace the existing 16"cast iron water main pipeline that extends along Airport Pulling Road from Vanderbilt Beach Road to Pine Ridge Road. The project will also include replacing the existing water main crossings underneath Vanderbilt Beach Road and Airport Pulling Road that provide water service to residential communities, commercial areas and businesses,and other water distribution systems along the project corridor. The project corridor is approximately 3.3 miles long and includes the replacement of approximately 28,200 LF of water main pipeline.Both water main pipelines have reached the end of their useful life and require replacement.This project also includes water service connections and reconnections, replacement of existing water main road crossings, abandonment of the existing water system once the new water system is placed into service, and adjustments to existing utilities and facilities to accommodate the new water main pipelines. This project also includes extensive coordination with local residences, business, and other County departments to schedule and coordinate water outages, road and lane closures, business and neighborhood entrance closures, bus routes,MOT operations,and provide project updates to the public. The contract is anticipated to require 4 years to complete from the issuance of the Notice to Proceed. The project corridor is shown on the following Figure 1. 1 of 19 CAO \VNDERBILT BEACH RD 0 CADICA APPROXIMATE OOS1'" PROJECT LIMITS PUNP STA"ION w O0 LMERALD LAKE OR O (7 a Z J 3 a APPROXIMATE PROJECT LIMITS ORANGE BLOSSOM DR t`e l LONE OAK BLVD BEAR CREEK DRIVE ARBOUi WA_K CIRCLL TRADE CENTER WAY J B C BLVD. � COUGAR DR L a a NAPLESS ARD ISIA I N APPROXIMATE PROJECT LIMITS COUGAR DR PINE RIDGE RD Figure 1:Project Corridor The Design team will provide design project coordination consisting of,but not be limited to,the following: 2 of 19 ('; a. Attend progress meetings with PUD staff as needed b. Attend public informational meetings with PUD staff as needed c. Graphics/exhibit preparation d. Potential project phasing for Construction e. Progress meeting assistance f. Public meeting assistance g. Project management assistance h. Project management plan preparation i. Public Relations assistance j. Infrastructure preliminary design k. Infrastructure design I. Subsurface investigations of underground utilities m. Geotechnical surveys n. Land surveying o. Environmental Impacts p. Permitting q. Bid package per phase r. Construction Administration Services Attend Project Design Progress Meetings:Design meetings with PUD representatives will be conducted,as requested by the Project Manager,throughout the program to keep staff informed of the project progress,to make certain that the Engineer is productively conducting its consulting services and to obtain input and direction as required for outstanding project issues. A firm day and time will be established for all progress meetings. Meeting objectives will be to provide progress updates and,reach decisions on pertinent issues relative to the specific topics being addressed. The Engineer of Record(EOR)will prepare and distribute agendas and minutes for each meeting incorporating agenda items and meeting minute corrections provided by PUD staff. Agendas will be submitted to the project delivery team at least two days prior to the meeting. Draft minutes will be submitted to the team no more than two working days following each meeting;staff will provide comments no more than two working days after receipt of draft minutes. 3of19 DETAILED SCOPE OF WORK At the request of Collier County (COUNTY),Johnson Engineering(CONSULTANT) proposes the following tasks to complete the scope of work requested. TASK 1: Preliminary Engineering Design 1.1—Project Start-up a. Initial Kick-Off Meeting—The CONSULTANT will organize an initial kick-off meeting with COUNTY staff to review the project scope, project objectives/goals, project standards and project schedule for completing the work. The CONSULTANT shall prepare a project agenda and written meeting minutes summarizing the discussion and project action plan. b. Initial Project Timeline—CONSULTANT will prepare an initial project timeline and submit to COUNTY staff at the Initial Kick-Off Meeting. The CONSULTANT shall update the schedule throughout the duration of the project and shall provide a copy of the updated schedule to COUNTY staff at their request. c. Record Drawing Review—CONSULTANT will review available records along the project corridor provided by COUNTY staff to identify existing infrastructure and determine potential conflicts.COUNTY staff shall provide all relevant and available record drawings along the project corridor to the CONSULTANT. d. GIS Project Map—CONSULTANT will prepare an online Geographic Information System (GIS) project map that will be used to map existing utilities, facilities, and other existing structures along the project corridor.The map will be used by the CONSULTANT to complete field work,collect and archive data,map environmental areas and other areas of interest, and be used as a general location reference throughout the duration of the project. COUNTY staff shall provide all relevant and available GIS shapefiles for County facilities along the project corridor to the CONSULTANT. 1.2—Preliminary Engineering Report/System Data Collection a. Water System Hydraulic Model—Water system hydraulic modeling will be performed by others and will be at the direction of COUNTY.CONSULTANT will collect field operating data on the existing water system within the project boundary. The data will be provided to COUNTY to calibrate the hydraulic model by others. A water system hydraulic modeling technical memorandum will be prepared by others that will evaluate the existing water system,and will recommend the new water main pipeline diameters. 1. CONSULTANT will collect water pressure and perform flow monitoring at strategic locations along the water main pipelines within the project area.The data will be compared to the hydraulic model results and the hydraulic model will be calibrated to generally agree with the observed and collected pressure and flow data.Collected data will be provided to COUNTY. • Pressure data will be collected for a minimum of one(1)week using acceptable pressure transducers that will be installed on water air release valves, hydrants, or other above ground appurtenances at strategic locations. COUNTY staff shall assist the CONSULTANT with installing pressure transducer on COUNTY appurtenances. • Flow monitoring will be performed for a minimum of one (1) week using Collier County's Trimble Insertion Flow Meters(IFM) devices at strategic locations along the project corridor. CONSULTANT will assist Collier County staff to install IFM assemblies on the existing water main pipelines.The COUNTY,or their designee,will excavate and expose the pipeline,provide and install a saddle,corporation stop,tap the 4of19 pipeline,and provide an enclosure to house the device. CONSULTANT will assist the COUNTY installing the IFM assembly. COUNTY shall provide an account for CONSULTANT staff to access the online database to review and download the IFM data. COUNTY will provide the IFM device, enclosure, saddles,corporation stops and valves,and other associated materials to install the IFM assembly. 2. CONSULTANT will review the water system hydraulic modeling technical memorandum(prepared by others)to determine the proposed water main pipeline diameters. Note: Hydraulic modeling and main sizing will be performed by Collier County's third-party Consultant. b. Installation Method and Alignment Evaluation—The CONSULTANT will evaluate the project corridor to determine the recommended installation method in each area of the project,and the overall alignment of the new water main pipelines. CONSUTANT will consider overall construction cost, constructability, environmentally sensitive areas, narrow corridors and easement areas, congested rights-of-ways, water outages, construction sequencing, conflicts with existing facilities, and surface impacts and impacts to the community. c. Preliminary Environmental Review 1. Preliminary Contaminated Site Review • The CONSULTANT will review the Florida Department of Environmental Protection (FDEP) Contamination Locator Map for known and documented contaminated sites along the project corridor within a 1,500-foot radius from the project boundary. • CONSULTANT will prepare a map of the project corridor displaying the location and known contaminants identified in the FDEP Contamination Locator Map at the time of the review. • CONSULTANT will prepare a summary of the sites identified in a tabular format which will include the FDEP Facility ID,project status,impacted media(soil or groundwater), and contaminants of concern,as publicly available and reasonably ascertainable. • This Contaminated Site Preliminary Review will be limited to known contaminated sites provided in the Florida Brownfields Redevelopment Program, FDEP petroleum discharges from aboveground and underground storage tanks, Federal Superfund Project, contaminated drycleaning sites, responsible party contamination sites, state funded and owned contaminated sites, and contaminated hazardous waste sites databases. • This Contaminated Site Preliminary Review does not include an evaluation or opinion of the potential for and/or the likelihood of contamination to exist within the project boundary and/or the 1,500-foot radius. • This Contaminated Site Preliminary Review is not meant to substitute the requirements provided in the South Florida Water Management District Applicant's Handbook, effective June 13, 2022. An evaluation of potential pollutant sources should be completed at the time of application for a dewatering water use permit by a qualified professional. 5of19 d. Prepare Preliminary Engineering Report—The CONSULTANT shall prepare a preliminary engineering report summarizing the preliminary work completed under Task 1.2 The report shall consist of,but not limited to,the following sections,incorporating results of previous tasks herein: • Section 1 -Executive Summary • Section 2—Introduction • Section 3-Existing Water Facilities Testing • Section 4-Review of Existing Water Infrastructure • Section 5—Installation Method and Alignment Analysis • Section 6—Preliminary Environmental Review • Section 7—Potential Project Phasing Plan • Section 8-Preliminary Cost Estimate • Section 9-Summary and Recommendations e. CONSULTANT will submit draft copies of the Preliminary Engineering Report to COUNTY staff for review. f. The CONSULTANT will organize and conduct a meeting with COUNTY staff to discuss the Preliminary Engineering Report.CONSULTANT will revise the report as required to reflect comments.CONSULTANT will submit final report and electronic files containing the final report in PDF format. 1.3—Surveying Services Tasks may include,but are not limited to: a. The CONSULTANT shall establish horizontal and vertical control throughout the project limits.Horizontal data will be in feet and shall be projected on the Florida State Plane Coordinate System,East Zone,NAD83 (2011).Vertical data will be in feet and shall be referenced to the North American Vertical Datum of 1988 (NAVD88).Control points shall be set at a maximum of 1,000-foot intervals. b. The CONSULTANT shall,based on publicly available records,and records provided by the Collier County PUD staff,delineate and survey the easement from Carica Station to the intersection with Vanderbilt Beach Road. Within this easement,the CONSULTANT shall locate and map visible aboveground improvements, visible underground improvements,and collect ground elevations along the proposed main alignment. c. Vanderbilt Beach Road: 1. The CONSULTANT shall locate the southerly right-of-way line of Vanderbilt Beach Road from the intersection of the above referenced easement to 500-feet east of the east right-of-way line of Airport Pulling Road.The right-of-way line will be based on publicly available records, including available right-of-way maps,and documents provided by the Collier County PUD staff. 2. The CONSULTANT shall perform a field survey to measure cross-sections at approximately 100- foot intervals,from the south edge of pavement to the south right-of-way line.The CONSULTANT shall locate and map visible aboveground improvements, visible underground improvements, including two concrete privacy fences within this section,and additional data at areas of irregularity. The CONSULTANT shall measure additional cross-sections and additional data at two connection points where the main crosses Vanderbilt Beach Road. d. Airport Pulling Road: 1. The CONSULTANT shall locate the easterly and westerly right-of-way line of Airport Pulling Road from the intersection of Vanderbilt Beach Road to Pine Ridge Road.The right-of-way line will be 6of19 `' based on publicly available records,including available right-of-way maps,and documents provided by the Collier County PUD staff. 2. The CONSULTANT shall perform a field survey to measure cross-sections at approximately 100- foot intervals,from the west edge of pavement to the west right-of-way line,and from the east edge of pavement to the east right-of-way line. The CONSULTANT shall locate and map visible aboveground improvements, visible underground improvements, and additional data at areas of irregularity. 3. The CONSULTANT shall measure cross-sections of the roadway at approximately 500-foot intervals and at major road intersections. Additional survey data will be collected at proposed or existing main connections crossing Airport Pulling Road and will include the South Florida Water Management District(SFWMD)canal ROW. 4. The CONSULTANT shall prepare a topographic survey map of the located improvements,cross- sections, and additional survey data. The CONSULTANT shall provide a signed and sealed topographic survey and survey data in AutoCAD format. 1.4—Geotechnical Investigation CONSULTANT,with the assistance of SUBCONSULANT,will perform the following geotechnical services: a. The CONSULTANT will prepare and submit the permit application, data, and drawings required for the Collier County Right-of-Way(ROW)permit administered by the Growth Management Department(GMD) for the geotechnical investigation work within the Collier County ROW.The permit fees will be paid for by COUNTY. It is recognized by the COUNTY that permitting is a regulatory function and CONSULTANT does not guarantee issuance of any permit. b. Perform forty (40)Auger Boring to a maximum depth of 8-10 feet and ten(10) Standard Penetration Test (SPT) borings to a depth of 50 feet within project area to install the proposed water main pipelines. Soil borings shall be completed as per the latest ASTM standards. c. Prepare a complete geotechnical investigation report detailing soil conditions, water table elevations, soil classifications, rock elevation and other items that will affect the construction. Report shall also include recommendation from geotechnical engineer on subsurface conditions and any other items that pertain to the construction project. d. CONSULTANT shall submit two(2)signed and sealed reports to COUNTY Staff. 1.5—Subsurface Utility Exploration a. The CONSULTANT will prepare and submit the permit application, data, and drawings required for the Collier County Right-of-Way(ROW)permit administered by the Growth Management Department(GMD) for the subsurface utility exploration(SUE)work within the Collier County ROW. The permit fees will be paid for by COUNTY. It is recognized by the COUNTY that permitting is a regulatory function and CONSULTANT does not guarantee issuance of any permit. b. The CONSULTANT shall notify Sunshine 811 and obtain necessary ticket information. c. The CONSULTANT shall provide SUE to excavate a combination of trenches and potholes at locations specified by COUNTY staff, the trenches/potholes will be in unpaved areas and up to six (6) feet deep. Excavations will be performed using air vacuum and water pressure equipment that is non-destructive to 7of19 existing facilities.No excavations under pavement or concrete will be performed under this scope of work. Approximately 60 potholes and 15 trenches are anticipated, however, the actual number of potholes and trenches may vary depending on field conditions and the location and accessibility of existing facilities. d. The CONSULTANT shall mark the location of the excavated underground utilities with laths on ground surface and repair ground surface within the limits of original trenches and potholes. e. The CONSULTANT shall field locate underground utility lines using traditional and Global Positioning Systems (GPS) surveying methods and plot the utilities in relationship to existing above-ground improvements. f. The CONSULTANT shall obtain the following of the excavated utility lines: • Depth of the utility. • Location of the utility. • Size of the utility (if possible). This will be either the approximate outside circumference or approximate outside diameter. • Type of utility(if possible).There may be circumstances beyond CONSULTANT's control where the type of utility cannot be identified. In such cases, the color of the utility will be noted, and a digital photograph of the utility will be provided. • Type of material(if possible).There may be circumstances beyond CONSULTANT's control where the type of material cannot be identified. In such cases,the color of the utility will be noted,and a digital photograph of the utility will be provided. g. The CONSULTANT shall prepare an exhibit of the data collected in an Adobe PDF format and a CAD file and provide it to COUNTY staff. h. Ground Penetrating Radar (GPR) —The CONSULTANT shall provide up to 40 of GPR at locations not accessible for SUE.Results of GPR will be mapped and provided on the above referenced SUE exhibit. Ground Penetrating Radar Disclaimer Ground Penetrating Radar(GPR)technology,and depth of exploration radar signals,are dependent upon the electrical properties of material(s) inspected and interpretations are opinions based on judgements made from those acquired radar signals. Johnson Engineering,Inc.does not guarantee the accuracy or correctness of the interpretations and Johnson Engineering, Inc. will not accept liability or responsibility for any loss, damage or expense that may be incurred or sustained by the GPR services or interpretations performed by Johnson Engineering, Inc. GPR scanning cannot distinguish the difference between types, materials, and sizes of underground utilities. It can only detect the approximate center location and approximate depth of targets. PCCP Joint Investigation a. CONSULTANT team will perform exploratory SUE to locate the existing prestressed concrete cylinder pipe(PCCP)water main joints at the Carica Booster Pump Station. b. CONSULTANT will coordinate with Thompson Pipe Group to have a field technician on site during the exploratory SUE to locate and expose the existing PCCP joints. The vertical and horizontal location of the existing PCCP joints will be identified and collected. c. CONSULTANT will coordinate with the Thompson Pipe Group field technician to determine if the existing PCCP joints are restrained, and will determine the appropriate method of restraint for the proposed water main connection. 8of19 1.6—30%Plans Preparation The CONSULTANT shall prepare 30%construction plans. a. Incorporate all record drawings within the project area and the soft dig investigation into the 30% construction plans. b. Incorporate the boundary and topographic survey into the 30%construction plans. c. Prepare 30%construction plans detailing the proposed running line within the project area.Include on these plans the survey work, soft dig investigation work, any pertinent geotechnical information and the aerial photo in the background. The profile view does not need to be completed. d. Submit three(3)full size and one(1)half size of the 30%construction plans at least two(2)weeks prior to the meeting with COUNTY Staff. e. Organize and conduct a 30% plan review meeting with COUNTY staff to discuss the preliminary construction plans. Revise construction plans as required to reflect COUNTY comments. f. Submit a Potential Phasing Plan to the COUNTY staff for review and approval.The Potential Phasing Plan shall include construction cost estimates for each potential phase. TASK 2: Design 2.1 Final Design and Permitting Phase a. Based on the accepted Preliminary Design Report, Phasing Plan, and 30% construction plans, CONSULTANT will prepare final drawings and specifications,which provide the general scope,extent and character of the work to be furnished, and performed by the Contractor. CONSULTANT will prepare and submit drawings and specifications at the 60-,90-and 100-percent complete stages for review and approval. An engineer's opinion of probable construction cost will accompany each submittal. CONSULTANT shall meet with COUNTY's design and operations staff and obtain their written acceptance(signature approval) of the work completed to date. b. Technical specifications will be based on the 16-Division format of the Construction Specifications Institute (CSI) in MS Word format. In addition to technical specifications, CONSULTANT will coordinate with COUNTY staff to develop necessary General Conditions, Supplemental Conditions,and Special Provisions Specifications specifically for the project being constructed and recollection of all lessons learned of similar completed projects. Current Collier County Technical Specifications will be utilized for this project. CONSULTANT will provide Supplemental Specifications and Special Project Provisions necessary to convey the project parameters and criteria to complete the project. Current County Right-of-Way construction specifications shall be utilized. Documents shall include drawings and project specifications ready for bidding,consistent with Collier County standards,including,but not limited to,the following or as approved by the Project Manager: 9of19 • Cover sheet,index and key map • Civil Site Plan including fencing and landscaping • Existing Conditions map • Civil Details • Demolition Plan • Erosion Control Plan • Maintenance of Traffic Plan • Infrastructure Plan and Profile • Details • Operational Contingency Plans c. Prepare applications for all GMD's Right-of-Way permits,Insubstantial Change to a Site Improvement Plan when required from Collier County Growth Management Division and respond to requests for additional information. Prepare all other required permit applications. Permitting fees will be paid by EPMD. It is recognized by the COUNTY that permitting is a regulatory function and CONSULTANT does not guarantee issuance of any permit. d. Furnish copies of Contract Documents that include engineering drawings and specifications. Present and review them in person with COUNTY staff at the agreed upon completion stages in the project and make appropriate changes requested. e. Perform a review of the project corridor to identify any potential areas of contamination that would effect the contractors ability to acquire a dewatering permit. Any areas identified will be clearly demonstrated in the contract documents. f. With the assistance of the water department, CONSULTANT will prepare a potential water main flushing plan identifying existing water mains that can be used, and to establish the COUNTY's protocol for water main flushing.The plan will be incorporated into the contract documents. g. The CONSULTANT shall perform Quality Control/Quality Assurance(QC/QA)prior to submission of each design submittal (60-, 90-, and 100 percent) including all reports, design documents (drawings and specifications), constructability; conformance with engineering standards, conflicts of existing and/or proposed facilities and related factors. h. Prepare a permit application for submittal to the Florida Department of Environmental Protection (FDEP) and provide backup documentation including drawings and specifications. Respond to all requests for additional information(RAI)from the FDEP.Permitting fees will be paid by the CONSULTANT team and reimbursed by COUNTY. i. Prepare a permit application for submittal to the South Florida Water Management District(SFWMD)and/or Big Cypress Basin for a Right-of-Way Occupancy Permit and provide backup documentation including drawings and specifications. Respond to all requests for additional information (RAI) from the SFWMD. Permitting fees will be paid by the CONSULTANT and reimbursed by COUNTY.This is not intended to be a dewatering permit. If required, the dewatering permit will be acquired by the Contractor during construction. 10 of 19 2.2 Environmental Permitting a. Protected Species Survey—The CONSULTANT will conduct a protected species survey (PSS) along the project corridor to assess potential county, state, and federal listed species occurrence. The survey will be conducted in accordance with methodologies accepted by the Florida Fish and Wildlife Conservation Commission (FWC) and U.S. Fish and Wildlife Service (FWS). The methodology and findings, including locations of observed protected species and management plans if applicable, will be summarized in a protected species survey report format suitable to meet the permitting requirements of Collier County,FWC, and FWS. Species-specific wildlife surveys(including but not limited to Florida bonneted bat,Big Cypress fox squirrel, bald eagle, and gopher tortoise) which may have seasonal requirements or specific methodologies,wildlife monitoring,agency permitting,and/or relocations are not included in this task. These services,if required by the regulatory agencies,are either covered under separate tasks below or will require a supplemental agreement. b. Florida Bonneted Bat Limited Roost Survey—The CONSULTANT shall conduct one(1)FBB limited roost survey in accordance with FWS consultation guidelines dated October 2019.The roost survey will identify and GPS locate potential FBB roosting habitat(i.e., large live trees, snags, or utility poles with cavities or bark crevices,buildings,overhangs,etc.). Potential roosts will be visually observed using a treetop camera mounted on a 35'survey rod.Results of the roost site survey will be summarized in an electronic report(PDF format)suitable to meet the permitting requirements of the regulatory agencies. This task does not include coordination or permitting with the FWS or FWC should a roost site be located.If the FWS or FWC require acoustic or emergence surveys based on initial survey results, a supplemental task authorization will be negotiated. c. FDEP Environmental Resource Permitting Support — The CONSULTANT shall provide environmental information and services in support of the Florida Department of Environmental Protection (FDEP) Environmental Resource Permit(ERP) application for the proposed project. CONSULTANT shall conduct a desktop delineation of the limits of state and/or federal jurisdictional wetlands and/or surface waters within the project area. Environmental information will include an environmental supplement report, exhibits, wetland impact analysis and mitigation calculations if required, and appropriate sections of the ERP application. Should listed species usage be identified in the project area,the CONSULTANT shall evaluate the potential project related impacts. Should offsite mitigation for impacts to wetlands or listed species be required,this task also includes communication between the COUNTY and appropriate mitigation bank(s) to offset impacts associated with the development. CONSULTANT will conduct meetings with the COUNTY and FDEP staff to prepare the plans and calculations needed to complete the application. This task includes providing up to two responses to requests for additional information from the FDEP or the FWC,if required.Should the COUNTY or the CONSULTANT revise the project design or project area after initial permit application submittal, a supplemental agreement may be required to address modifications required to environmental reports,map exhibits,and calculations. d. USACE Section 404 No Permit Required(NPR)Verification—CONSULTANT will provide environmental information in support of a Section 404 "No Permit Required" (NPR) verification from the FDEP for the project. Environmental information may include completed waters of the U.S. (WOTUS) determination forms,wetland data forms,historic aerial images,National Wetland Inventory (NWI)mapping,soils maps, hydrologic/water control structure mapping,or other applicable map exhibits required for the NPR review package. CONSULTANT will conduct one site visit with USACE staff, if required. Should USACE determine that jurisdictional WOTUS occur within the project area and impacts are proposed,a supplemental agreement shall be required to address the Section 404 application process. This task includes providing a 11 of 19 response to up to one(1)request for additional information from USACE staff. e. Gopher Tortoise Survey,Permitting,and Relocation(*If required)—CONSULTANT will conduct one(1) 100% survey of the gopher tortoise habitat within the project limits to locate potentially occupied gopher tortoise burrows. The survey will be overseen by a Florida Fish and Wildlife Conservation Commission (FWC)Authorized Gopher Tortoise Agent. All gopher tortoise burrows will be marked with flagging tape and GPS survey located.CONSULTANT will provide COUNTY with a digital(PDF)gopher tortoise survey map. The 100%gopher tortoise burrow survey must be conducted no more than 90 days and no fewer than 72 hours(excluding weekends and holidays) before excavation/relocation activities commence. FWC only considers surveys valid for 90 days from the survey date.Therefore,if additional surveys are required due to survey expiration prior to relocation,a supplemental agreement will be negotiated. CONSULTANT will coordinate with FWC staff, prepare and submit the required permit application materials necessary to apply for a Gopher Tortoise"10 or Fewer Burrows Permit"or a"Conservation Permit" to relocate tortoises to an FWC-permitted long term protected recipient site.This scope of services assumes 20 or fewer gopher tortoise burrows may be affected by the project. If greater than 20 burrows will be affected, a supplemental agreement will be required. COUNTY is responsible for paying FWC application fees and mitigation contributions required by FWC(Estimated at$2,000).FWC regulations stipulate a permit application review time of 90 days,although most permits are issued by FWC within approximately 60 days of receipt of a complete application. The CONSULTANT will provide excavation and relocation oversight of up to 20 gopher tortoise burrow(s) within the project area by an FWC Authorized Gopher Tortoise Agent. During colder months, FWC only permits tortoise relocations when the low temperature at the recipient site is forecast by the National Weather Service (www.nws.noaa.gov) to be above 50° Fahrenheit for three (3) consecutive days after release (including the day of relocation). CONSULTANT will coordinate with an FWC-permitted gopher tortoise long-term, protected recipient site to receive the tortoise(s) from the relocation activities. CONSULTANT will transfer and/or transport the tortoise(s)to the Recipient Site or mutually agreed upon location within 72 hours of excavation. CONSULTANT will prepare and submit an After-Action Report to FWC within 30 days of relocation activities based on gopher tortoise information provided to CONSULTANT by the recipient site. COUNTY is responsible for execution of a contract with the Recipient Site and paying fees charged by the Recipient Site to receive the relocated tortoises(Estimated at$6,000 per adult tortoise as of April 2024). • SUBCONSULTANT SERVICES Bozac Farms(Backhoe&Operator-2 days) o CONSULTANT, using SUBCONSULTANT Bozac Farms, will provide a backhoe with 20-inch or 24-inch flat edge bucket(no teeth)and operator to assist with the gopher tortoise burrow(s) excavation. The scope of services includes up to two days of gopher tortoise excavation and backhoe/operator services. f. Notes,Assumptions&Exclusions 1. Project size is less than 5 acres. 2. The permit application fees will be paid by CONSULTANT and reimbursed by COUNTY. 3. All other services including,but not limited to,FWS Biological Assessments,Biological Opinions, species-specific surveys, permitting, species management plans, relocations, wetland or listed species monitoring, Phase 1 & II ESAs, and cultural resource assessments, are excluded and will require a supplemental agreement,if required. 4. Field delineation of wetlands,if required,is outside this scope of services. 5. For all permitting assistance efforts referenced herein, it is noted that permitting is a regulatory 12of 19 ( ; process whereby Johnson Engineering does not guarantee permit issuance. 2.3 Bidding Assistance and Award Phase With the exceptions of the following items listed below, bidding services will be performed by Collier County Procurement Department.The CONSULTANT will assist the COUNTY with the following bidding assistance and award phase services for up to three(3)phases.Two(2)phases are anticipated to be public bids,and one(1)phase is anticipated to be bid to the pre-approved group of local underground contractors. a. Assist in preparing addenda,as required,to interpret,clarify,or expand the Bidding Documents. b. Prepare Contractor's qualifications for this project. c. Consult with and advise the County as to the acceptability of the contractor and subcontractors,suppliers and other persons and organizations proposed by the Prime Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. Review bids and perform a bid analysis, review and verify contractor's qualifications. d. Consult with the County concerning,and determine the acceptability of,substitute material and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the Bidding Documents. e. Attend a pre-bid/quote conference. f. Provide a Design Entity Letter of Recommended Award(DELORA)along with a"Reference Log"showing date,time,and comments of all contacted references provided by the prospective contractor. TASK 3—Consultation Services During Construction The CONSULTANT will provide Construction Administration Services and limited Construction Observations services under this task. The construction observation services included in this scope of work are limited to critical tasks required to complete the project,which may include connections or adjustments to large diameter water mains,force mains,or irrigations mains,water main outage work,major roadway crossings,time sensitive activities,pressure tests and other water main clearance procedures. CONSULTANT anticipates a full-time Construction Engineering and Inspection (CEI) team (not included in this contract)will provide the CONSULTANT with daily inspections reports,photos,and materials testing logs daily. 3.1—Construction Administration a. Pre-Construction Meeting - The CONSULTANT will chair the pre-construction meeting to review the project scope, discuss project submittals and identify issues that need to be addressed prior to the project starting. The CONSULTANT will prepare a DRAFT Agenda at least two business days in advance of the pre-construction meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected,within two days after the meeting to the Project Delivery Team. 13of19 b. Construction Progress Meetings—The CONSULTANT will chair the weekly progress meetings to review project status and identify issues that may affect the Project. The CONSULTANT will prepare a DRAFT Agenda at least two business days in advance of each meeting and issue written meeting notes identifying a summary of the discussion,conclusions and any risks that have been encountered or are expected,within two days after the meeting to the Project Delivery Team.It is anticipated that the weekly meetings will alternate each week between in person and via virtual conference for the duration of the construction phase (half of the meetings are anticipated to be in person,and half are anticipated to be via virtual conference). c. Shop Drawing Reviews—The CONSULTANT shall review and approve(or take other appropriate action in respect of) Shop Drawings, Samples and other data which Contractor is required to submit, but only for conformance with the design information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means,methods,techniques,sequences or procedures of construction or to safety precautions and programs incident thereto. Review of a specific item shall not indicate the CONSULTANT has reviewed the entire assembly of which the item is a component. CONSULTANT shall not be required to review partial submissions or those for which submissions of correlated items have not been received. CONSULTANT shall maintain a complete log of all submittals of shop drawings,noting the dates of first submittal and subsequent reviews and resubmittals,approval,etc. d. As-Equal Materials - CONSULTANT shall evaluate and determine the acceptability of substitute or "or- equal"materials and equipment proposed by Contractor. e. Project Schedule - The CONSULTANT shall be responsible for the review and acceptance of the Contractor's progress schedule. The CONSULTANT shall review the schedule to ensure that all general work efforts are addressed,that the schedule is following a logical approach to the job,that it is following sound engineering and construction practices and that it identifies all critical path work. The CONSULTANT shall monitor the schedule on a monthly basis, and after a review with the Contractor, advise the Project Manager of any areas where the Contractor appears to be falling behind. f. Project Pay Applications-The CONSULTANT shall review and approve/reject any payment requested by the contractor in an Application for Payment before the pay application is submitted to the Clerk's office. Payment shall constitute a representation by the CONSULTANT to COUNTY based on the CEI Team's on- site observations of the work in progress as an experienced and qualified construction professional and on the CONSULTANT's review of the applications for payment and the accompanying data and schedules that the work has progressed to the point indicated; that to the best of the CONSULTANT's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents and that the Contractor is entitled or is not entitled to the payment of the amount recommended. The CONSULTANT will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the CONSULTANT shall be mechanically stamped with the date received. g. Request for Information-CONSULTANT shall review and respond to all Requests for Information(RFI's) that the Contractor submits. If required by COUNTY staff,CONSULTANT shall revise construction plans based on response to RFI. CONSULTANT shall maintain a complete log of all RFIs, noting the dates of first submittal and subsequent reviews and resubmittals,approval,etc. h. Change Orders & Work Directives - CONSULTANT shall prepare all Change Orders and Work Change Directives during the course of the project for the Project Manager's review and approval. This may also require modifications to the construction plans based on unforeseen conditions encountered during 14of19 construction. i. Review the pre-construction video and pictures assessment book provided by the selected contractor. Generate a list of issues and submit to the Project Manager no later than two(2)business days after receiving the materials from the contractor. j. Material Testing Records-Maintain records of all density,sampling and testing accomplished and analyze such records required to ascertain acceptability of materials and completed work items. The field reports for records of work and testing results shall be submitted within one week to the Project Manager. The field reports and testing records shall be provided to the CONSULTANT by the CEI Team. k. Preparation of Monthly Report— CONSULTANT shall prepare a monthly report of all the construction activity completed. Sections in the report should include,but not be limited to,Executive Summary,Contract Cost Status,Project Schedule,Critical Issues,RFI Status,Submittal Status,Allowance Log,Project Payment Application and Observation Reports and Project Photos. 1. Permit Requirements—CONSULTANT shall communicate with the selected Collier County field inspector (CEI Inspector) to determine whether construction activities violate the requirements of any permits. CONSULTANT shall notify the Contractor of any violations or potential violations and require immediate resolution of the problem. Violations must be reported to the Project Manager immediately. m. County Coordination Meetings — CONSULTANT shall chair and attend meetings with various Collier County departments to review and discuss the planned construction work,potential impacts to other County facilities, road closures, detour routes, and major MOT events, and other work planned within the project corridor.Other Collier County departments are anticipated to be,but not limited to,Wastewater,Stormwater, Traffic Operations, Road Maintenance, and Right-of-Way. The CONSULTANT will prepare a DRAFT Agenda at least two business days in advance of the coordination meetings and issue written meeting notes identifying a summary of the discussion and conclusions,within two days after the meeting to the Project Delivery Team. n. Site Meetings—The CONSULTANT will chair and attend site meetings as needed and at the direction of the COUNTY to review unforeseen field conditions, damage to existing utilities and facilities, and other unforeseen conditions that may arise during construction. The CONSULTANT will issue written meeting notes identifying a summary of the discussion and conclusions, within two days after the meeting to the Project Delivery Team. o. Florida Department of Environmental Protection Certifications - The CONSULTANT shall prepare and submit certification packages to the FDEP for the completed sections of the CCW SD'S water and wastewater systems. p. Substantial Construction Certification — Upon issuance of a "notice of substantial acceptance" the CONSULTANT will provide a signed and sealed certification based on information provided by the CEI Team and/or COUNTY inspector,and the limited observations by CONSULTANT stating that the Project has been substantially completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Consultant. Services related to the Substantial Construction Certification shall be provided to the County.Upon Substantial Completion of construction and establishment of the Final Punchlist items, the County may request the CONSULTANT to provide a cost estimate for the Final Punchlist items.The CONSULTANT shall conduct a site walkthrough to have a better understanding of the Final Punchlist items to properly estimate the Final Punchlist cost. 15of19 q. Final Construction Certification—Upon issuance of a"notice of final acceptance and recommendation for final payment," the CONSULTANT will provide a signed and sealed certification based on information provided by the CEI Team and/or COUNTY inspector, and the limited observations by CONSULTANT stating that the Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the CONSULTANT. All services related to the Final Construction Certification shall be provided to the Project Manager of the Project. r. Asset Management Record Information — CONSULTANT shall provide all information in the electronic format stipulated by COUNTY staff required to populate the COUNTY's GIS and Asset Management system in place at the time of project completion. s. Final Project Submittal - CONSULTANT shall provide COUNTY with one complete file, itemized and indexed,of all project related records at the conclusion of the Project. 3.2 —Limited Construction Observation The CONSULTANT will have a part time inspector(CONSULTANT's Inspector)to observe construction and testing activities at critical times during construction and as directed by the COUNTY which may include connections or adjustments to large diameter water mains,force mains,and irrigation mains,water main outage work,major roadway crossings, time sensitive activities, pressure tests and other water main clearance procedures. The CONSULTANT will provide the services outlined below.Note that CEI is not part of the Specifications or Scope of Work stated herein and will be provided by others under a separate contract. a. Outage and Closure Observations — CONSULTANT shall have a representative (CONSULTANT's Inspector) onsite to observe the construction work during planned water outages or other time sensitive activities.The work anticipated during the planned outages may include deflections to existing water mains, force mains,or irrigation mains, connections to major water infrastructure,roadway,driveway,or entrance crossings,and other time sensitive construction activities.The CONSULTANT's Inspector will observe the construction work and coordinate with the CONSULTANT, COUNTY, CEI, and Contractor to monitor if the work is progressing as planned and scheduled,or if other action is required to complete the work in the allowable outage time. b. Construction/Testing Observation—The CONSULTANT's Inspector will conduct on-site observations and inspections of construction/testing activities at critical times during construction on the Project on a part time basis, unless directed otherwise by the Project Manager, and will coordinate with the COUNTY's CEI inspector, to ensure that all work is completed in accordance with the Contract Documents. The CONSULTANT will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the Project Manager and the Construction Inspector in writing. This protocol will be initiated at any time the CONSULTANT's Inspector becomes aware of any construction work that is unsatisfactory,faulty or defective,does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approvals, or has been damaged before final payment. c. General Coordination — The CONSULTANT's Inspector will coordinate activities related to the Project between the construction contractor, the CONSULTANT and the Project Manager. The CONSULTANT's Inspector will assist with substantial and final completion inspections, and prepare and maintain the punch list, including follow-up inspections to ensure that the punch list items are corrected and/or completed. 16of19 ('. `'N d. Observe Regulatory Agency Inspections — The CONSULTANT's Inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs.The CONSULTANT's inspector shall notify the Project Manager immediately and prior to any such inspections. e. Substantial Completion Inspections—The CONSULTANT's Inspector will conduct substantial completion inspections when requested by the contractor and after the CONSULTANT confirms that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection, the CONSULTANT's Inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the CONSULTANT and the Project Manager. The CONSULTANT's Inspector will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis. The CONSULTANT's Inspector will coordinate and participate in the final walk-through to ensure that the punch-list items are completed to the satisfaction of the CONSULTANT and the Project Manager. All services related to the Substantial Completion Inspection shall be provided in writing with pictures to the Project Manager. f. Final Completion Inspection - Upon the request of the Contractor and concurrence confirmation of the CONSULTANT and the Project Manager,the CONSULTANT's Inspector will conduct final inspections of the project to determine if construction has been completed in accordance with the Contract Documents. Based on the results of the final inspection,the CONSULTANT,Project Manager,and the CONSULTANT's Inspector will determine if the work is complete or not complete. If the work is confirmed complete, the CONSULTANT's Inspector will issue a"notice of final acceptance and recommendation for final payment". If the work is not complete,the CONSULTANT's Inspector will issue written instructions to the Contractor identifying the work not complete. Upon confirmation by the Contractor that the deficiencies have been completed,a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the CONSULTANT's Inspector can issue a"notice of final acceptance and recommendation for final payment".All services related to the Final Completion Inspection shall be provided to the Project Manager. 3.3—Warranty Services The CONSULTANT and their team will provide warranty services for one(1)year after the final completion of the project construction. Work under this item is to include,but not be limited to,the following: a. Review the post construction video and pictures provided by the contractor. b. Keep a log of all warranty issues that arise during the 1-year warranty period. c. Perform a One(1)Year Warranty walk through with the contractor and County Staff. d. Generate a list of warranty issues identified during the 1-year warranty walk through and coordinate with the contractor and residents until the issues are solved. TASK 4: Public Involvement 17 of 19 C) Public Involvement—CONSULTANT and their SUBCONSULTANT shall complete all required public involvement services throughout the project. Work under this item is to include,but not be limited to,the following: a. Preparing a comprehensive mailing list for all property and business owners who will be affected by the construction with limits as shown on the most current set of construction documents. b. Preparing project contact cards which allow the contractor to continue working uninterrupted and will ensure that the public and media are receiving the most timely and accurate information.Politically sensitive issues would be immediately brought to the attention of the Project Manager. c. Coordination with property owners and public services affected by construction(e.g.garbage pickup,USPS, public schools(buses),development of road closure notices by GMD staff,etc.). d. Preparing as required informational newsletter(s)which describes the project and addresses frequently asked questions. Newsletter(s) to be written in English and Spanish which describes the project and addresses frequently asked questions. e. Press releases as necessary for notification to the public of relevant construction activity. f. Contacting businesses individually, either personally or by phone, as necessary to inform those businesses closely affected by the construction activities. g. Establishing and maintaining a public complaint "Hotline." Coordination with COUNTY staff will be included should this interface be required. COUNTY will provide the cell phone with cellular service and phone number to the Public Involvement team to use for the duration of the project. h. Maintaining the Project Customer Service Log using COUNTY provided template.A copy of the log will be provided to the COUNTY on weekly/monthly basis. i. Responding to public concerns. j. Attending weekly progress meetings,as needed,for the duration of the project. k. Attending other meetings as needed,(e.g.Master Association annual meeting). I. Secure site and develop meeting materials for the design and construction of public meeting(s). Four (4) public meetings are anticipated. m. Create web page for project and update it monthly. n. Prepare and issue public notices at the direction of the COUNTY during construction.Notices may be mailed or hand delivered. o. Prepare and issue door hanger notifications at the direction of the COUNTY during construction. Remove door hangers that remain on doors two(2)business days after they are issued. TASK 5: Additional Services 18 of 19 If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement,CONSULTANT shall furnish the agreed upon scope,compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services by the County's Project Manager. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval.Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. REIMBURSABLE EXPENSES CONSULTANT will be reimbursed for the direct costs incurred for permit fees,plotting plans,copies,prints,software fees,subconsultant traveling and boarding expenses,equipment,and other expenses in support of the tasks outlined above. These costs will be itemized as they are incurred. 19of19 ( ,'.^ SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To-Exceed 1.0 PRELIMINARY ENGINEERING DESIGN $ $ 1.1 Project Start-up $30,100.00 $ 1.2 Preliminary Engineering Report/Hydraulic Analysis $141,232.00 $ 1.3 Surveying Services $ $253,764.00 1.4 Geotechnical Investigations $ $59,928.00 1.5 Subsurface Utility Exploration $ $151,272.00 1.6 30% Plans Preparation $266,878.00 $ 2.0 DESIGN $ $ 2.1 Final Design and Permitting Phase $361,662.00 $ 2.2 Environmental Permitting $ $52,936.00 2.3 Bidding Assistance and Award Phase $ $49,448.00 3.0 POST DESIGN(CONSULTATION SERVICES DURING CONSTRUCTION) $ $ 3.1 Construction Administration $ $673,194.00 3.2 Limited Construction Observation $ $109,700.00 3.3 Warranty Services $ $20,508.00 4.0 Public Involvement (Sub-Consultant& Prime) $ $96,658.88 5.0 ADDITIONAL SERVICES $ $130,000.00 REIM Reimbursable Expenses $ $ 29,256.25 Total Lump Sum Fee $ 799,872.00 Total Time and Materials Fee $1,626,665.13 GRAND TOTAL FEE $2,426,537.13 Page 18 of 29 PSA_CCNA Single Project Agreement[2024_ver2] B.2.2. ❑■*Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ❑■* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount 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"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on Page 19 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] 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] Page 20 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $275 Senior Project Manager $235 Project Manager $185 Senior Engineer $195 Senior Marine Biologist/Hydrogeologist $207 Senior Designer $144 Designer $126 Senior Inspector $143 Senior Environmental Specialist $182 Senior GIS Specialist $160 Clerical/Administrative $86 Surveyor and Mapper $168 CADD Technician $111 Survey Crew- 3 man $213 Vacuum Excavator $317 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 PSA_CCNA Single Project Agreement[2024_ver.2] SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days Task/Item For Completion of Task Description from Date of Notice to Proceed 1 .1 Project Start-up 60 1 .2 Preliminary Engineering Report/Hydraulic Analysis 180 1 .3 Surveying Services 300 1 .4 Geotechnical Investigations 300 1 .5 Subsurface Utility Exploration 300 1 .6 30% Plans Preparation 450 2.1 Final Design and Permitting Phase 630 2.2 Environmental Permitting 630 2.3 Bidding Assistance and Award Phase 690 3.1 Construction Administration 1 ,456 3.2 Limited Construction Observation 1 ,456 3.3 Warranty Services 1 ,456 4.0 Public Involvement (Sub-Consultant & Prime) 1 ,456 5.0 Additional Services 1 ,456 Page 22 of 29 PSA_CCNA Single Project Agreement[2024_ver2] SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to Page 23 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( ) are required by this Agreement. 10. ❑■ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $ 1,000,000.00 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. United States-Longs h©remarfs-an& fb©r Worker's-Act-coverage shaft ee-maintained where-----appLicable--to--the--completion--of --the--work. -Cove rag of 1-2. f Maritime-Cover-age-{-fete-Aet}-sta{I-be-rr}aintained where applicable-to4he-eempletiowof the-work:._. Coverage shall have-rninit imits-ef--$ - Per ClaimuOeetrrrenee. 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 $ 1,000,000.00 Per Occurrence, $2,000,000.00 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 PSA_CCNA Single Project Agreement[2024_ver.2] 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.---fl----Watercraft---Liability:--OSeerage--stiaii----be--earr-ied--by®t 1l� Airreraft Liability. Co ed•—by--the CONSUL-TA °omelet fldekris-Agr-eererrt. 17. ■ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of$500,000.00 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. 1_—R TEGuNncOGv"cRRRORB A OM1SSIGNS-14S- RANOE-Ceveragc shall have Coverag Occurrence. 20:__--._._UMBREL-6-A LIABILITY. A---Umbrella-Liability-maybe maintained as part of-the-liability--insurance-off-h GGN&d-L-TAN-T arid;-if-soi-su-ch-palicy shall be excess-of the-€mployers'-L-iability;- mmereia e al Liability awed Automobile-Liability coverages required--herein and.._shall-irrcl rde-all--coveragesa"fallowing-forme' basis. B. The-policy-shall-contain-wording-to-the offeet-that, i ,he event-ef the-exh.austior f®ar y underlying-limit r.ye-to-tire-payment-af-claims the Umbrella••pelie-y-wil " wry''-t©--apply--ors 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 $ 1,000,000.00 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 PSA_CCNA Single Project Agreement[2024_ver 21 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 PSA_CCNA Single Project Agreement[2024_ver.2] SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Johnson Engineering, LLC (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the se ices of the CONSULT NT to be provided unde P the ofessional ervices Agree ent, concerns g es�h e��(iu� '€r �y41tns iss1011 Wt�w ,PttrItAANtiktAMV6ilf SCAOL u�lIi�►9 T�� "project" is accurate, complete and urrent as of the time of contracting. B . 1 TITLE: rreaS IPFAIT-- DATE: 0 4- en— 202 I' Page 27 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Mike Dickey Principal 5% Ryan Bell Principal 1% Matt Howard Principal 1% Billy Saum Senior Project Manager 20% Jared Brown Senior Project Manager 3% Jordan Varble Senior Project Manager 2% Josh Hildebrand Senior Project Manager 2% John Curtis Project Manager 2% Dave Trouteaud Senior Engineer 2% Erik Howard Senior Engineer 2% Alec Piironen Senior Marine Biologist/Hydrogeologist 1% Michael Tiseo Senior Designer 22% Stephen Howard Senior Designer 6% Brad Sundermeier Senior Designer 2% Travis Means Designer 3% Robert Alderman Designer 3% Roy Godshall Senior Inspector 2% Dave Isley Environmental Specialist 1% Kyle Philpot Environmental Specialist 1% Paul Lohr Senior GIS Specialist 1% Favi Luna Clerical/Administrative 10% Chris Gray Clerical/Administrative 3% Rick Daniels Surveyor and Mapper 2% Kevin RisCassi Surveyor and Mapper 2% Mathew Beaudoin CADD Technician 2% Survey Crew-3 man Survey Crew-3 man 9% Subsurface Utility Exploration Crew Subsurface Utility Exploration Crew 2% Page 28 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] SCHEDULE G Other: (Description) I following this page (pages through ) n this schedule is not applicable Page 29 of 29 PSA_CCNA Single Project Agreement[2024_ver.2]