#24-8226 (Kimley-Horn Associates, Inc.)FIXED FEE PROFESSIONAL SERVICE AGREEMENT
# 24-8226
for
"Project Management Services"
THIS AGREEMENT , made and entered into on this 27 day of (\f\ ~~ , 20 ·2<
by and between Jaco bs Engineering Group , In c .
authorized to do business in the State of Florida , whose business address is
58 11 Pe li can Bay Bl vd, Sui te 305, Nap les, FL 34 108 ,(the "Contractor")
and Collier County, a political subdivision of the State of Florida , (the "County"):
WIT N ES S ETH:
1. The Agreement shall be for a five ( _5 _) year period , commencing [j]
upon the date of Board approval ; or D on ______ ,and terminating on
fi ve ( _5_) year(s) from that date or until all outstanding Purchase Order(s)
issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may , at its discretion and with the consent of the Contractor, renew
the Agreement under all of the terms and conditions contained in this Agreement
for one ( _1 _) additional one ( _1 _) year(s) periods. The County shall
give the Contractor written notice of the County 's intention to renew the
Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee , may, at his discretion , extend the
Agreement under all of the terms and conditions contained in this Agreement for
up to one hundred and eighty (180) days . The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the
Agreement term prior to the end of the Agreement term then in effect.
2 . COMMENCEMENT OF SERVICES . The Contractor shall commence the work
upon issuance of a [j] Purchase Order [j] Notice to Proceed [j] Work Order.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance
with the terms and conditions of [j] Request for Proposal (RFP) D Invitation to
Bid (1TB) □ Ott'ler ________________ ( )
# 24-8226 , including all Attachment(s), Exhibit(s) and Addenda and the
Contractor's proposal referred to herein and made an integral part of this
Agreement.
[j] The Contractor shall also provide services in accordance with Exhibit A -
Scope of Services attached hereto .
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3.1 This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing
by the Parties, in compliance with the County 's Procurement Ordinance, as
amended, and Procurement Procedures in effect at the time such services are
authorized.
3 .2 The execution of this Agreement shall not be a commitment to the
Contractor to order any minimum or maximum amount. The County shall order
items/services as required but makes no guarantee as to the quantity, number,
type or distribution of items/services that will be ordered or required by this
Agreement.
4 . THE AGREEMENT SUM. The County shall pay the Contractor for the
performance of this Agreement based on Exhibit 8-Fee Schedule, attached
hereto and the price methodology as defined in Section 4 .1. Payment will be made
upon receipt of a proper invoice and upon approval by the County's Contract
Administrative AgenUProject Manager, and in compliance with Chapter 218, Fla .
Stats ., otherwise known as the "Local Government Prompt Payment Act".
4 .1 Price Methodology (as selected below):
[j] Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks
are transferred from the County to the contractor ; and, as a business practice there
are no hourly or material invoices presented , rather , the contractor must perform
to the satisfaction of the County 's project manager before payment for the fixed
price contract is authorized.
[j] Time and Materials: The County agrees to pay the contractor for the amount
of labor time spent by the contractor'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 markup). 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.
D U11it P1 ice. Tl Ie Cou11ty agrees to pay a fil, 11 total fixed price (i11clusive of all
costs, including labor, materials, equipment, overhead, etc .) for a repetitive product
or 8en,ice delilfered (i.e. in8tallation price per ton, delivery price per package or
carton , etc.). The invoice must identify the unit price end the number of units
received (no contractor inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
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4 .3 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 the Agreement. 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.
4.4 The County , or any duly authorized agents or representatives of the County ,
shall have the right to conduct an audit of Contractor's books and records to verify
the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Payment Applicat ion , Change Order, or Work Directive
Change .
4.5 [j] Travel and Reimbursable Expenses: Travel and Reimbursable
Expenses must be approved in advance in writing by the County . Travel expenses
shall be reimbursed as per Section 112 .061 Fla . Stats .
Reimbursements shall be at the following rates :
Mileaqe $0.44 .5 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
niqht
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long-distance charges , fax charges , photocopying charges and
postage. Reimbursable items will be paid only after Contractor has provided all
receipts. Contractor shall be responsible for all other costs and expenses
associated with activities and solicitations undertaken pursuant to this Agreement.
5 . SALES TAX. Contractor shall pay all sales , consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County , Florida as a political subdivision of the
State of Florida , is exempt from the payment of Florida sales tax to its vendors
under Chapter 212 , Florida Statutes , Certificate of Exemption# 85-8015966531 C.
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6. NOTICES. All notices from the County to the Contractor shall be deemed duly
served if mailed or emailed to the Contractor at the following :
Company Name: Jacobs Eng inee rin g Grou p , In c
Address: 58 1 1 Pe li can Bay Bl vd ., S u ite 305
Naples , FL 34 108
Authorized Agent: Ell en B . Patterson
Attention Name & Title: Geog rap hi c Operati o ns M a nager
Telephone: 56 1-9 14-0192
E-Mail(s): Elle n .Patte rso n @jacobs .com
All Notices from the Contractor to the County shall be deemed duly served if mailed
or emailed to the County to :
Board of County Commissioners for Collier County, Florida
Division Name: T ransport ati o n Enginee ri ng
Division Director: J ay Ahmad
Address: 2885 Ho rses hoe Dri ve S
Naples , FL 34 104
Administrative Agent/PM: _E_ric_O_v_a_re_s,_P_ro_j e_ct_M_a_na_g_er_l l __________ _
Telephone: _2_39 __ 2_5_2-_57_2_8 _______________ _
E-Mail(s ): _e_ric_.o_va_r_es_@_c_o l_li e_rc_ou_n_ty_fl ._go_v __________ _
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification . All notices under this Agreement
must be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between the County and the Contractor or to constitute the
Contractor as an agent of the County .
8 . PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all
permits necessary for the prosecution of the Work shall be obtained by the
Contractor . The County will not be obligated to pay for any permits obtained by
Subcontractors .
Payment for all such permits issued by the County shall be processed internally
by the County. All non-County permits necessary for the prosecution of the Work
shall be procured and paid for by the Contractor. The Contractor shall also be
solely responsible for payment of any and all taxes levied on the Contractor. In
addition , the Contractor shall comply with all rules , regulations and laws of Collier
County , the State of Florida , or the U. S . Government now in force or hereafter
adopted. The Contractor agrees to comply with all laws governing the
responsibility of an employer with respect to persons employed by the Contractor.
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9 . NO IMPROPER USE. The Contractor will not use , nor suffer or permit any person
to use in any manner whatsoever, County facilities for any improper, immoral or
offensive purpose, or for any purpose in violation of any federal , state , county or
municipal ordinance , rule , order or regulation , or of any governmental rule or
regulation now in effect or hereafter enacted or adopted. In the event of such
violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper,
the County shall have the right to suspend the Agreement of the Contractor .
Should the Contractor fail to correct any such violation , conduct , or practice to the
satisfaction of the County within twenty-four (24) hours after receiving notice of
such violation , conduct , or practice , such suspension to continue until the violation
is cured . The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County .
10. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement , the County
may terminate said Agreement for cause; further the County may terminate this
Agreement for convenience w ith a thirty (30) day written notice . The County shall
be the sole judge of non-performance .
In the event that the County terminates this Agreement , Contractor's recovery
against the County shall be limited to that portion of the Agreement Amount earned
through the date of termination . The Contractor shall not be entitled to any other
or further recovery against the County , including , but not limited to , any damages
or any anticipated profit on portions of the services not performed.
11 . NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination
as to race , sex , color , creed or national origin or any other class protected by
federal or Florida law .
12 . INSURANCE. The Contractor shall provide insurance as follows :
A. [j] Commercial General Liability: Coverage shall have minimum limits of
$1 ,000,000 Per Occurrence , $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability . The General Aggregate Limit shall be
endorsed to apply per project. This shall include Premises and Operations ;
Independent Contractors ; Products and Completed Operations and Contractual
Liability.
B. [j] Business Auto Liability: Coverage shall have minimum limits of
$500 ,000 Per Occurrence , Combined Single Lim it for Bodily Injury Liability
and Property Damage Liability. This shall include : Owned Vehicles , Hired and
Non -Owned Vehicles and Employee Non -Ownership.
C . [j] Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws .
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The coverage must include Employers' Liability with a minimum limit of
$ soo ,ooo for each accident.
D. Ii] Professional Liability: Shall be maintained by the Contractor to ensure its
legal liability for claims arising out of the performance of professional services
under this Agreement. Contractor waives its right of recovery against County as
to any claims under this insurance. Such insurance shall have limits of not less
than $1,000 ,000 each claim and aggregate .
E. D Cyber Liability: Coverage sl ,a ll I ,ave 111i1ii,11ui 11 Ii, 1 lits of $ _____ _
per occurrence.
F. D Technology Errors and Omissions: Gmi<erage shall have minimum limits
of$ per occurren ce .
G. D Wateroraft: Coverage shall ha 1,e minimum limits of $ per
oc currence .
11. D United States Longshoreman's and I larborworker's Act Coverage shall
be maintained where applicable to the completion of the worl< $
per occurrence.
I. D Maritime Govefege (Jones Act): Go 101erage shall have minimum limits of
$ ______ per occurrence.
J. D. ________________ ____.(_o_th_e_r.._): Coverage shall have
minimum limits of$ ______ per occ u rre nc e .
K. D (other): Coverage shall have
minimum limits of$ ______ per occurrence.
Special Requirements: Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County , OR, Collier County
Government shall be listed as the Certificate Holder and included as an
"Additional Insured" on the Insurance Certificate for Commercial General
Liability where required. This 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.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor
shall provide County with cert ificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County thirty (30) days prior
to any expiration date. Coverage afforded under the policies will not be canceled
or allowed to expire until the greater of: thirty (30) days prior written notice, or in
accordance with policy provisions . Contractor shall also notify County, in a like
manner , within twenty-four (24) hours after receipt , of any notices of expiration,
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cancellation , non-renewal or material change in coverage or limits received by
Contractor from its insurer, and nothing contained herein shall relieve Contractor
of this requirement to provide notice .
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13 . INDEMNIFICATION. To the maximum extent permitted by Florida law ,
CONTRACTOR 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
CONTRACTOR or anyone employed or utilized by the CONTRACTOR in the
performance of this Agreement. This indemnification obligation shall not be
construed to negate , ab ridge , or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described herein.
13 .1 To the extent that the work under the Agreement pertains to a "Professional
Services Contract" as defined in Section 725.08(3), Florida Statutes , and the
Contractor 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 .
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on
behalf of the County by the _T_ra _ns_po_rta_ti_on_E_ng_in_ee_ri_ng_D_iv_isi_on __________ _
15. CONFLICT OF INTEREST. Contractor 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 . Contractor further
represents that no persons having any such interest shall be employed to perform
those services.
16. COMPONENT PARTS OF THIS AGREEMENT . This Agreement consists of the
following component parts , all of which are as fully a part of the Agreement as if
herein set out verbatim : Contractor's Proposal , Insurance Certificate(s), Iii Exhibit
A Scope of Services , Exhibit B Fee Schedule , Ii] RFP/ □ IT B/ □
1,-ffl~==================================+-.:::..::~;;;;;;;:.--t # 24-8226 I
incluEiing E*hibits , AUachments anEi Addenda/Addendum , D subsequent quotes ,
and Iii Other Exhibit/Attachment: Affidavit Regard ing Labor and Serv ices
17. APPLICABILITY. Sections corresponding to any checked box(■) will expressly
apply to the terms of this Agreement.
18 . SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this Agreement is subject to appropriation by the
Board of County Commissioners .
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19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give , either directly or indirectly , any favor, gift , loan , fee ,
service or other item of value to any County employee , as set forth in Chapter 112 ,
Part 111 , Florida Statutes, Collier County Ethics Ordinance No . 2004-05, as
amended, and County Administrative Procedure 5311 . Violation of this provision
may result in one or more of the following consequences : a. Prohibition by the
individual , firm , and/or any employee of the firm from contact with County staff for
a specified period of time ; b. Prohibition by the individual and/or firm from doing
business with the County for a specified period of time , including but not limited to :
submitting bids , RFP , and/or quotes; and , c . immediate termination of any
Agreement held by the individual and/or firm for cause .
20 . COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees
to comply , at its own expense , with all federal , state and local laws , codes , statutes ,
ordinances , rules , regulations and requirements applicable to this Agreement ,
including but not limited to those dealing with 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 requirements set forth in Florida Statue ,
§448.095 ; taxation , workers ' compensation , equal employment and safety
including , but not limited to , the Trench Safety Act , Chapter 553 , Florida Statutes ,
and the Florida Public Records Law Chapter 119 , if applicable , 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:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: Pu blicRecordRegu est@co lli ercou nty f l.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to
perform the service .
2 . Upon request from the public agency 's custodian of public records ,
provide the public agency with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise
provided by law .
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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
publ ic 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 mainta ins
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 .
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful Contractor.
22 . AGREEMENT TERMS. If any portion of this Agreement is held to be void , invalid, or
otherwise unenforceable , in whole or in part , the remaining portion of this Agreement
shall remain in effect.
23 . ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in compliance with the Procurement Ordinance , as amended , and
Procurement Procedures .
24 . DISPUTE RESOLUTION. 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 Contractor with full decision-making authority and by
County 's staff person who would make the presentation of any settlement reached
during negotiations to 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 Contractor with full decision-making authority
and by County's staff person who would make the presentation of any settlement
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reached at mediation to 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.
25. VENUE. 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 .
26 . [i] KEY PERSONNEL. The Contractor's personnel and management to be utilized for
this project shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The
Contractor shall assign as many people as necessary to complete the services on a
timely basis, and each person assigned shall be available for an amount of time
adequate to meet the required service dates. The Contractor shall not change Key
Personnel unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualifications and/or experience . (2) that the County
is notified in writing as far in advance as possible . The Contractor shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the
change. The County retains final approval of proposed replacement personnel.
□ AGREEMENT STAFFING. Hie CeRtraeter's f'€FseRRel aReJ Fl'l8fl8~efl'leflt te be
utilized for this AgreeFRent shall be knowledgeable in their areas of e>Epertise. The
County reseF¥es the right to perforFR in¥estigations as FRay be deeFRed neoessary to
ensure that ooFRpetent persons will be utilized in the perforFRanse of the AgreeFRent
The Contraster shall assign as FRany people as neoessary to ooFRplete reeiuired
sePJises on a tiFRely basis , and cash person assigned shall be a•,ailable for an aFRount
of tiFRe adeeiuate to FReet reeiuired sePJises.
27. [i] ORDER OF PRECEDENCE. In the event of any conflict between or among the
terms of any of the Contract Documents , the terms of solicitation the Contractor's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence .
□ ORDER OF PRECEDENCE fGrar,t Fur,ded). IR tt,e e~eflt ef afly eeRfliet beh·feen
or aFRong the terFRs of any of the Contrast DoouFRents and,'or the County's Board
appro¥ed E>Eesuti¥e guFRFRary , the terFRs ofthe AgreeFRent shall take presedense 0 1,er
the terFRs of all other Contrast DoeuFRents, e>Eeept the terFRs of any guppleFRental
Conditions shall take presedenoe O\'OF the AgreeFRent. To the e>Etent any sonflist in the
terFRs of the Contraet DoeuFRents eannot be resolYed by applieation of the
guppleFRental Conditions, if any, or the AgreeFRent , the sonfliot shall be resol¥ed by
iFRposing the FRore striot or sostly obligation under the Contraet DosuFRents upon the
Contraster at County's disoretion.
28 . ASSIGNMENT . Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent , shall be void . If
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Contractor does, with approval , assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward the County .
29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52 , as
amended . Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this
Agreement. This may include , but not be limited to , checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports ,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years . All of Contractor's employees and
subcontractors must wear Collier County Government Identification badges at all times
while performing services on County facilities and properties . Contractor ID badges
are valid for one (1) year from the date of issuance and can be renewed each year at
no cost to the Contractor during the time period in which their background check is
valid , as discussed below. All technicians shall have on their shirts the name of the
contractor's business .
The Contractor shall immediately notify the Collier County Facilities Management
Division via e-mail (D L-FMOPS@colliercountyfl .gov ) whenever an employee assigned
to Collier County separates from their employment. This notification is critical to ensure
the continued security of Collier County facilities and systems. Failure to notify within
four (4) hours of separation may result in a deduction of $500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work
being performed in any of their locations. This will be coordinated upon award of the
contract. If there are additional fees for this process , the Contractor is responsible for
all costs.
(Intentionally left blank -signature page to follow)
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IN WITNESS WHEREOF , the parties hereto , by an author ized person or agent , have
executed th is Agreement on the date and year first written above .
ATTEST :
Contractor's First Witness
Bill Gramer, V .P. Transportation
t Type/p ·nt witness namet
Con
Diana Francois
tType/print witness name t
Pint Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY , FLORIDA
Burt L. Sa un de r s , C hairman
Jacobs Engineering Group Inc .
Contractor
By : zl!~./J~
Signature
Ellen Patterson , Vice President
t Type/pr int signature and titlet
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Exhibit A
Scope of Services
[j] following this page (containing _5 ___ page/s)
D this exhibit is not applicable
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SCOPE OF SERVICES
AGREEMENT 24-8226
This Agreement is awarded to multiple vendors on a Primary, Secondary, and Tertiary basis .
Services will commence upon the issuance of a Work Order, Notice to Proceed and Purchase
Order.
Primary: Jacobs Engineering Group Inc .
Secondary : Capital Consulting Solutions , LLC
Tertiary: Kimley-Horn and Associates , Inc .
The Vendors shall have construction project management experience in horizontal construction
methods with an emphasis in stormwater, utility, and roadway capital improvement projects.
Project Management Service requests may include , but not limited to , managing a wide range of
projects within the study, design , construction , and post-construction phases. The services may
include but are not limited to , review permit applications , construction observation , inspection ,
management , coordination , and administration from commencement through substantial
completion , final acceptance , and project close-out.
Vendors will be required to manage , and/or review scopes of work , construction plans ,
construction documents , project activity schedules , construction estimates , deliverables , and bid -
related documents , complete County forms/documentation , and schedule and attend meetings .
The services under the agreement are on an as -needed basis as determined by the County, and
there is no guaranteed or minimum spend .
This agreement does not include hiring individuals to perform professional services as
defined under the Consultants' Competitive Negotiation Act (CCNA) per Florida Statute §
287.055. The intent of these services is to augment project management services not
falling within the parameters of CCNA.
A Vendor who participates in the drafting of a solicitation or scope or who develops a
program for future implementation, is not eligible to contract with the agency for any other
contracts dealing with that specific subject matter, and any firm in which such person has
any interest is not eligible to receive such contract. However, this prohibition does not
prevent a vendor who responds to a request for information from being eligible to contract
with the agency.
No person performing services under this Agreement shall execute any legally binding
documents on behalf of the County.
1. Project Management Team Qualifications: The minimum qualifications for project managers
(PM) are as follows :
• Three (3) years of project management experience in the construction industry.
Page 1 of 5
Scope of Services
• Bachelor's degree in project management , construction management, engineering , or
non -degree with related project management field experience .
• Candidates without a degree should possess at least four (4) additional years of related
experience .
• Project Management Professional (PMP) certification or equivalent , is desired , but not
required .
2. Project Management Services : The selected vendor(s) will provide project management
services for a variety of projects and be responsible for all project management responsibilities to
complete the assigned project(s). The work may include project management activities related to
stormwater, utility and roadway improvement studies/pre -design , design , construction , and post-
construction services. Projects may include but are not limited to managing the design (performed
by others) and construction of stormwater, utility and roadway infrastructure projects including ,
but not limited to , outfalls , weirs , inlets , pumps , pump stations , culvert replacements , and
Supervisory Control and Data Acquisitions (SCADA) i ntegrations , etc. Proposed vendor(s) shall
have the ability to provide one or more project manager(s) that will be dedicated full -time to the
project(s) and act as an extension of and under the work direction of Collier County staff. The
project manager(s) will work at a designated county office while completing this work .
3. Project Tasks:
3 .1. Project management oversight of all aspects of the project with the primary objective of
keeping the work on schedule and within budget.
3.2 . Accomplish the work using a variety of staff and resources with a single point of contact for
each project.
3.3. A minimum of a three -week notification to County staff if there are PM staff changes to allow
replacement staff to transition into roles. County staff will interview and approve PM replacements .
3.4. The selected vendor 's point of contact will also need to be in contact via email and phone .
The County will provide office accommodations for PM .
3.5. Schedule and attend meetings and prepare meeting agendas and minutes . Meetings may
include County staff meetings , project meetings , pre -construction meetings with stakeholders ,
and after-hours meetings .
3.6 . Review project parameters with County staff.
3.7 . Site visits and/or project observations .
3.8 . Work with County staff to determine the project's funding source , budget , and project setup .
3.9. Prepare and/or review project-related forms and documentation as directed by County staff,
including but not limited to , scopes of work , cost estimates , schedules , change orders , requests
for information (RFI), and payment applications .
3.10 . Plan , prioritize , set up activities , and work products necessary to complete the initial
planning and setup tasks to manage each assigned project.
Pa ge 2 of 5
Scope of Services
3.11 . Under the guidance of County staff temporary employees will :
• Develop solicitations (Request for Quotes (RFQ), Invitation to Bid (1TB), Request for
Professional Services (RPS), and Request for Proposals (RFP)), and related
documentation and activities related to advertising a project. The project manager will
work with County staff to meet internal procurement guidelines and ordinances when
bidding on the construction work .
• Draft executive summaries to accompany the agenda item to the Board of County
Commissioners for approval.
• Prepare a packet of information for the County's Right of Way Acquisition section to
provide them with the parameters of the acquisitions .
• Assist County staff with bid opening, negotiate contract(s), and work with Procurement to
draft contract and all supplemental documentation .
• Obtain existing and proposed easements and rights-of-way (ROW).
4. Firm Requirements
4 .1. Must adhere to I State of Florida and County Laws and Ordinances in the review or completion
of responsibilities assigned under this agreement and must be licensed pursuant to their trades
and rules and regulations of the State of Florida .
4.2 . Must respond to the County 's request for service within three business days from the point
of contact and must provide a potential candidate within two weeks from initial request.
4.3 . The vendor shall describe its contingency plans for managing the staff and additional staff, if
necessary, to ensure project(s) deadlines are met.
4.4 . Must provide a communication and escalation strategy for personnel not performing their
assigned responsibilities .
4 .5. During the first three months of the contract , the firm must collaborate with the County to
develop performance metrics , tracking services , positions , costs , schedule completion/overruns,
anticipated and unanticipated risks , etc . Maintain performance and risk management
measurement tracking reports and provide to County contact upon request.
4 .6. Provide monthly billing statement/invoice identifying the positions , services , and hours in "line
item " detail by function .
4 .7 . All records produced on behalf of Collier County are subject to the State of Florida Public
Records Law and public records retention schedules .
4 .8. Provide Information Technology resources and equipment, as necessary, to assigned staff
that are compatible with Collier County Information Technology system protocols and available to
provide all provisions of the services required by the scope of services .
4.9 . Provide equipment and resources to assigned staff (other and information technology
resources) that shall include vehicles or trucks for site visits or other services as part of this RFP.
4 .10 . Allow the County to reject employees from the firm 's pool of candidates , at the County 's sole
discretion .
Page 3 of 5
Scope of Services
4.11 . Ensure all construction activities are permitted and inspected in strict conformance with the
Land Development Code and all local and state building codes.
5. Specific Personnel Requirements:
5 .1 Principal Project Manager -Provides direction , guidance and assistance to contractors and
work crews ; coordinates daily work activities ; organizes , prioritizes , and assigns work ; monitors
status of work in progress and inspects completed work ; confers with contractors and work crews ,
assists with complex/problem situations , and provides technical expertise. Interprets , explains ,
and ensures engineering compliance with applicable codes , ordinances , resolutions , regulations ,
standards , specifications , policies , and procedures , as well as approved construction plans ;
research codes , engineering standards , techn ical manuals , or other resources as needed ;
initiates any actions necessary to correct deviations or violations . Reviews design and
construction documents pertaining to division projects ; Reviews plans , designs, specifications ,
and cost est i mates . Reviews site development plans , construction/engineering plans , permit
applications , and specifications to ensure compliance with applicable codes , ordinances , and
engineering standards ; reviews engineering studies , engineering reports , and cost estimates ;
reviews changes to construction plans ; provides recommendations and comments on
development plans . Performs site visits , field inspections , inspects projects to ensure compliance
with approved plans and specifications ; conducts inspections or collects data at sites ; sets
elevation ; takes photographs and measurements of field conditions ; resolves problems at site.
Reviews engineering analysis and engineering reports ; evaluates problems and recommends
solutions. Reviews and approves infrastructure , excavat ions , and other sitework improvements ;
reviews site development plans for commercial , multi-family residential , and industrial
infrastructure ; reviews construction plans , reviews engineering aspects of condit ional use permits
and rezoning applications ; reviews construction plans and land use pet itions for water
management , engineering , and utility concerns. Conducts tasks relating to stormwater
management ; reviews development plans prepared by consulting engineers for impact on County
stormwater facil ities and assesses the need for additional drainage easements ; conducts site
visits to verify existing drainage conditions and evaluate possible impacts on stormwater system ;
assists with investigations of non -compliance stormwater systems and provides f indings and
possible solutions ; maintains and updates computer inventory records of the County's stormwater
management system . Reviews technical eng ineering reports , studies , bid specifications , or other
documents ; provides reports or data to division management , consultants , outside agencies or
others as appropriate. Coordinates work activities with those of other Divisions/Departments ,
contractors , consultants , outside agencies , or others as needed . Responds to questions and
complaints related to division projects ; provides information and assistance related to division
activit ies , data , procedures , documentation , or other issues ; responds to routine questions ,
research questions/complaints , and initiates problem resolution .
5.2 Senior Project Manager-Coordinates or performs project management; prepares , reviews ,
and monitors project schedules and budgets ; monitors construction and maintenance
contracts/agreements . Performs site visits , field inspections , inspects projects to ensure
compliance with approved plans and specifications ; conducts inspections or collects data at sites ;
takes photographs and measurements of field conditions ; resolves problems at site . Provides
direction , guidance, and assistance to contractors and work crews ; monitors the status of work in
progress and inspects completed work ; confers with contractors and work crews , assists with
complex/problem situations , and provides technical expertise . Reviews development plans
Page 4 of 5
Scope of Services
prepared by consulting engineers , construction/engineering plans , permit applications , and
specifications to ensure compliance with applicable codes , ordinances , and engineering
standards; reviews engineering studies , engineering reports , and cost estimates ; reviews
changes to construction plans ; provides recommendations and comments on development plans.
Provides technical advice , information , and assistance concerning engineering issues , project
management issues , design/construction activities , and other issues to contractors , consultants ,
County staff, public agencies , or others . Reviews bid specifications , or other documents ; provides
reports or data to division management , consultants , outside agencies , or others as appropriate .
Respond to questions and complaints related to division projects ; provide information and
assistance related to division activities , data , procedures , documentation , or other issues ;
respond to routine questions , research questions/complaints , and initiate problem resolution .
5.3 Project Manager-Administers , and coordinates work performed by consultants , contractors ,
or other service providers ; administers annual maintenance contracts ; monitors work to ensure
compliance with terms of contract. Review construction plans , designs , and specifications
pertaining to routine projects ; reviews designs , drawings , or maps associated with proposed or
approved projects ; makes recommendations concerning improvements , modifications, design
strategies, structural systems , or other aspects of project development. Manages projects during
design and construction phases ; attends regular project progress meetings ; prepares , reviews ,
and assists with change orders for changes to contracted scope of work ; assists with purchase
order requisitions , work orders , and invoices ; reviews project progress reports submitted by
contractors; monitors adherence to project schedules . Conducts inspections , monitors work , and
maintains records to ensure quality control ; inspects quality of construction work and materials ;
coordinates final inspections with contractors and engineers ; coordinates project acceptance with
othe r County divisions or government agencies . Prepares executive summaries for presentation
to Board of County Comm issioners , Planning Commission , or other officials . Provides technical
advice , information , and assistance concerning engineering issues , project management issues ,
design/construction activities , and other issues to contractors , consultants , County staff, public
agencies , or others ; responds to questions or complaints ; assists in resolving engineering
problems , project development issues , or conflicts involving project participants ; recommends
solutions to problems. Coordinates public education activities relating to Division projects,
services, and activities ; coordinates neighborhood programs involving participation of residents ,
such as resident traffic teams ; speaks to property owners and community organizations and
provides information regarding projects and activities ; develops press releases and public
information materials for distribution .
6 . The Consultant shall have no respons ibility for any contractor 's means , methods , techniques ,
equipment choice and usage , sequence , schedule , safety programs , or safety practices, nor shall
Consultant have any authority or responsibility to stop or di rect the work of any contractor.
7. If the Consultant is requested to make site observations on behalf of the Owner, the
Consultant's visits will be for the purpose of providing the Owner with a general project status
update . Nothwithstanding the foregoing , the Consultant shall not be responsible for certifying the
work of other design professionals outside of Consultant 's firm . Consultant neither guarantees the
performance of contractors or other design professionals , nor assumes responsibility for any
contractor or other design professional 's failure to perform its work in accordance with contract
documents but shall report to the Owner any observed inconsistencies or non -conformities
regarding the construction or design as it relates to the contract documents .
Pa ge 5 of 5
Scope of Services
Exhibit 8
Fee Schedule
following this page (pages _1_ through _1_ )
Page 14 of 15
Fixed Price Professional Service Agreement
[2024 _ ver.3]
FEE SCHEDULE
AGREEMENT 24-8226
This Agreement is awarded to multiple vendors on a Primary, Secondary, and Tertiary basis .
Primary : Jacobs Engineering Group Inc .
Position Title
Principal Project Manaqer
Senior Project Manaqer
Project Manager
Hourly Rate
$275
$230
$195
Page 1 of 1
Fee Schedule
Other Exhibit/Attachment
Description : Affidavit Regarding Labor and Services
[j] following this page (pages _1_ through _1_)
D this exhibit is not applicable
Page 15 oflS
Fixed Price Professio nal Service Agreement
[2024 _ ver.3)
AFFIDAVIT REGARDING LABOR AND SERVICES
Effective July 1, 2024, pursuant to§ 787 .06(13), Florida Statutes, when a contract is executed, renewed, or extended
between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the
governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under
penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.
Nongovernmental Entity's Name: Jacobs Engineering Group Inc.
Address: 5811 Pel ican Bay Boulevard, Ste 305, Naples, FL 34108
Phone Number: 239-431-9222
Authorized Representative's Name : t11en. ts . t-'atterson
Authorized Representative's Title: txecutIve LJIrector ot uperatIons/VIce President
Email Address: Ellen.Patterson@jacobs .com
AFFIDAVIT
I, Ellen B. Patterson (Name of Authorized Representative), as authorized representative attest
that Jacobs Engineering Group Inc. (Name of Nongovernmental Entity) does not use coercion for labor or
services as defined in§ 787.06, Florida Statutes.
Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true .
2/6/25
(Signature of authorized representative) Date
Q ·
STATE OF _1 _L, ___ _
COUNTY OF ( Ol \ \-€ {
Sworn to (or affin;r.ed) and subscrib_ed before me, by means o~hysical presence or D onl i ne notarization this
~ day of f:t)(). I 20 ~5 I by tl\.{(I Pcrlr-l{';;()(\ (Name of Affiant), who produced their-------
idenf ·c :sonally known to me.
Comhiissi o n Expires
Personally Known ~OR Produced Identification Eil
Type of Identification Produced : ______________________ _
CONTRACT, REN EWAL, OR EXTENSION REQUEST FORM Ve rsion: 202 5.1