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#24-8229 (Jones, Edmunds, and Associates) PROFESSIONAL SERVICES AGREEMENT Contract # 24-8229 for Design Services for Immokalee Recycling Drop-off Center and Scalehouse&Control Center THIS AGREEMENT is made and entered into this day of MuV , 20196 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 Jones, Edmunds & Associates, Inc. authorized to do business in the State of Florida, whose business address is 13545 Progress Blvd.,Suite 100,Alachua,Florida,32615 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Services for Immokalee Recycling Drop-off Center and Scalehouse&Control Center _._ . (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. Page 1 of 30 PSA_CCNA Single Project Agreement[2025_ver.1[ CAO 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates John Harvey, 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: PublicRecordRequestAcolliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: Page 2 of 30 PSA_CCNA Single Project Agreement[2025_ver.1] CAQ 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 of 30 PSACCNA Single Project Agreement[2025_ver 1 CAO 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. Page 4 of 30 PSA_CCNA Single Project Agreement[2025_ver.1] 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 30 PSA_CCNA Single Project Agreement[2025_ver.I I CAO 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 30 PSA_CCNA Single Project Agreement 12025_ver.1] CAO ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. Grant-Funded: The-kla a#ems-set-foictti-a d-kl tifi r k>e le-B;-w + +eettac-bed hereto, arc for- r' see ), ae-re +ired- --the- forage► ey- 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 30 PSA_CCNA Single Prolcct Agreement[2025_ver 1] ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. Page 8 of 30 PSA_CCNA Single Project Agreement[2025_ver.1 j '.A.(.r 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the Page 9 of 30 PSA_CCNA Single Project Agreement[2025 ver l J 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 30 PSA_CCNA Single Project Agreement j2025_ver.I] CAC; 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 30 PSA_CCNA Single Project Agreement I2025_cer.l I 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: Solid Waste Division Division Director: Kari Hodgson Address: 3339 Tamiami Trail East Naples.Florida,34112 Administrative Agent/PM: Alex Pokorny Telephone: 239-252-5333 E-Mail(s): Alexander.Pokorny@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: Jones,Edmunds&Associates, Inc. Address: 13545 Progress Blvd.Suite 100 Alachua,Flonda,32615 Page 12 of 30 PSACCNA Single Project Agreement[2025_ver.I CAO Attention Name & Title: Stanley F.Ferreira,Jr.,PE,President&CEO Telephone: 352-377-5821 E-M a i l(s): rferreira@jonesedmunds.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 Proiects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: Affidavit Regarding Labor and Services Solicitation # 24-8229 , including all Attachment(s), Exhibit(s) & Addendum Consultant's Proposal Page 13 of 30 PSA_CCNA Single Project Agreement[2025_ver.I I CAO 17.10. Grant- ded__P..r ieGts low --aPPai ble -to-Gra t-fundedm..proieots3-...k+4he--eventof-ar-ry ea #Eic-t be vee y--ef-he-Gen raet-Been s--ari€Wer the-GOUPJTY--&-Beard , eaa -Ex-e tive-Stimmafy;- e-ter -e€-the- e+ eRt-shall-talie-fweeedeRs fie-ter- s of elf-ether Ge+tract D finef- arty--£ +pplerner taf--G rat--Geraditi s-shall---ta preee lenae-over-t e--A er ent-fie--the-ex-ter+t-any--c-enfi+et-ira-the--terrRs-ef-the-Gar tr t--Qocun eats ierR-ef- SupplemeRtai--Ge+ditiens, if--arty er-the-Agfeemer t the sea erc strict o BeeurraeRts-t pee-thc CONS4L-TAN-T-at-the--GQB44- s--dis6fetierb ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 14 of 30 PSA_CCNA Single Project Agreement 12025_ver,I] C:'At 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 30 PSA CCNA Single Project Agreement[2025_ver.I] 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 Cgyrt and Comptroller k ' 4€4,11,04€410,40-- , ` Attest as to Chairman's Dater A 2-0.2- _ signature only Burt L. Saunders , Chairman A ed as to nd L gality: cti ",-- f k / County Attorney _ <.L. . A L/ Name Consultant: Consultant's Witnesses:v - Jones, Edmunds & Associates, Inc. (t7 (1-1' By: Witness Linda Lyles,Contracts Specialist Stanley F. Ferreira,Jr., PE, President&CEO Name and Title Name and Title A 2......//ii Lel-d ,,,,,tia--",14-4-1---K' Witness Ginger Hamner, HR Director Name and Title Page 16 of 30 I'SA CCNA Single Project Agreement 12025_v . 1 ,1 SCHEDULE A SCOPE OF SERVICES following this page (pages 1 through 7 ) Page 17 of 30 PSA_CCNA Single Project Agreement[2025_ver.I] Schedule A-Scope of Services #24-8229"Design Services for Immokalee Recycling Drop-off Center and Scalehouse& Control Center" The Consultant ("Engineer")will provide Professional Planning and Design Services for a new Immokalee Recycling Drop-Off Center(IRC)including a Scalehouse with scales and Control Center.The scope of services is as follows: Task l —Conceptual Site Layout(Site Plan Programming and Development) TASK 1.1 -Provide a conceptual site layout that does not interfere with existing operations or impact existing waste cells. a.This subtask will include the work associated with developing the Conceptual Design Submittal Package, which will be submitted to the County for review and comment and include the following: • Conceptual site layout,which may include reassessing the locations of the new facilities and infrastructure. • Site plan of new buildings,roads,and scales with a focus on pedestrian and vehicular safety. • Stormwater Management Plan. • Prepare for,participate in,and attend the Pre-Application Meeting with the Growth Management Department (GMD).(The Engineer assumes the County will pay any application fees associated with this.) • Assumes 2 weeks for the County to review the Conceptual Design Submittal Package. The Engineer will participate in a review meeting at the County's office to discuss and obtain the County's comments. The County comments agreed to at the meeting will be incorporated into the documents. Deliverables(Task 1.1):The Conceptual Design Submittal Package for the purpose of conducting a Pre-Application Meeting with GMD. The Engineer will submit up to two paper copies and one electronic copy in PDF of the items indicated above to the County for the Conceptual Design Submittal Package.The drawings paper copies are expected to include one full-size(22 x 34 inches)set and one half-size(11 x 17 inches)set. TASK 1.2-All site investigations including topographical survey,geotechnical investigation,existing utility locates, and environmental investigations: a. Surveying/SUE Services: Surveying will be critical for refining preliminary design concepts, options, and permitting and ensuring a high-quality final design with minimal construction conflicts. The Engineer's subconsultant(JLA Engineering)will perform a boundary surveying of the property and a topographic survey of the proposed scalehouse and recycling drop-off/education center sites along with relevant portions of the existing site improvements as needed for design and permitting. Key survey information to be collected or updated includes property, easement and adjacent right-of-way lines, existing site elevations, aboveground improvements, surface-marked utilities, sanitary sewer structures, stormwater structures, existing building footprints, trees, and related work. Subsurface utility engineering (SUE) such as ground penetrating radar and test holes to confirm type,diameter,depth,and material of utilities is excluded. b. Geotechnical Services: The Engineer's subconsultant (Ardaman & Associates, Inc.) will provide geotechnical investigations to support site preparation, fill placement, excavations, foundation design, and embankments. The investigation will use a combination of standard penetration tests (SPTs) and auger borings to obtain soil stratigraphy data, limerock bearing ratio (LBR) and other soil laboratory data, permeability data,and groundwater level data critical for the design of structures,roadways,and stormwater conveyance systems.Boring location maps will be prepared for SHWMD concurrence before the field work begins.Utility notifications will be made and surface locating completed before any subsurface drilling work begins. c. Environmental Investigations: The Engineer will delineate jurisdictional wetlands and surface waters at the proposed site.Flags will be located by the surveyor.The Engineer will also stake the seasonal high water and infrequent high-water elevations.A map of the flagged areas that provides flag locations and key numbers will be provided to the surveyor to locate. During this task,the Engineer will conduct preliminary pedestrian surveys to determine if listed species such as the gopher tortoise are or could be present within the project 1 of 7 Schedule A—Scope of Services C/N° area. Results of this assessment will be summarized in writing for SHWMD review and for inclusion in Florida Department of Environmental Protection(FDEP)and US Army Corps of Engineers(USACE)permit applications.(Socio-economic and cultural investigations are not anticipated and consequently are excluded from this service.) Deliverables(Task 1.2): Include the following: • Signed-and-sealed topographical and boundary survey with SUE quality level B utility locations. • Signed-and-sealed geotechnical report and recommendations. • Environmental Technical Memorandum summarizing disposition of wetlands, surface waters, and listed wildlife species. TASK 1.3—Prepare and submit agency permit applications and respond to requests for additional information(RAls) from each agency as needed to achieve completed applications for the permits listed below. The Engineer assumes that the County will pay all applicable permit application and other regulatory fees. Permit applications will include: a. FDEP Environmental Resources Permit(ERP): The Engineer will prepare and submit an ERP application to FDEP for stormwater management and wetland impacts. Mitigation design for wetland impacts is not included in this proposal. If wetland mitigation is required, the Engineer assumes that wetland mitigation credits will be purchased by SHWMD from a local wetland mitigation bank. If the County opts to seek an alternative mitigation strategy such as avoidance/preservation or wetland creation/enhancement, then additional design effort and schedule can be provided as a Task Order amendment or during the subsequent final design phase. However, this may also delay the Waste Processing Facility Construction Permit,since FDEP may not issue a Waste Processing Facility Construction Permit without an ERP.The Engineer will coordinate and lead teleconferences with FDEP and USACE to discuss the project.The Engineer will also meet with Collier County stormwater staff to discuss how the County stormwater requirements can be met.This task also includes a 1-day site visit with FDEP staff to review wetland lines and project areas. b. USACE Federal Permit: The Engineer will prepare and submit a Federal Permit application package to USACE. The USACE permit is needed for dredging and filling jurisdictional wetlands and surface waters.This task also includes a I-day site visit with USACE staff to review wetland lines and project areas. c. Collier County Planning and Development Permit: This includes activities related to applying for and obtaining the necessary development permits through GMD including: • Schedule and attend a Pre-Application meeting with the Collier County GMD(See Task 1.1). • Prepare and submit the necessary site plan application with supporting documentation and detailed engineering plans demonstrating compliance with County requirements. Attend two County meetings to discuss review comments on the site plan approval application(See Task 2—Design Services). • Obtain a Conditional Use Permit and Development Order for the construction of a new scalehouse and recycling drop-off/education center if required. • Prepare ancillary agency permits and attend meetings required for construction (i.e., Neighborhood information Meetings,South Florida Water Management District(SFWMD),Traffic Impact Statement,etc.) d. FDEP Water System and Wastewater System Construction Permit: The Engineer will prepare an FDEP Water System and a Wastewater System Construction Permit application package to extend the water main loop to serve the new scalehouse and recycling drop-off/education center. Deliverables(Task 1.3): Deliverables include the following: • PDF of all draft permit application packages for SHWMD review. • Four hard copies of final permit application package for SHWMD signatures, unless electronic submittals are required or allowed by the agencies. • Response to RAIs as needed to achieve completed applications as determined by each agency. • One set of the final documents will be signed and sealed by the Designers of Record. Task 2-Design Services(Prepare Plans,Specifications and Estimates) 2 of 7 Schedule A—Scope of Services CP.'() TASK 2.1 - Coordinate with County agencies, such as Solid Waste, Information Technologies (IT), and Public Utilities Security,for design work associated within area of expertise and meet subsequent design criteria with design subm ittals. Deliverables(Task 2.1): Deliverables include the following: • Prepare for and attend meetings as needed with County agencies and agency representatives to coordinate the needs and expectations for completing the permit plans within each area of expertise. • Provide meeting minutes to document items and issues discussed and any follow-up action items needed. • Conduct meeting with all parties attending virtually unless specifically requested by agency representatives to be conducted in person. These meetings are included in the design fee,with up to one in-person meeting for each discipline/area. TASK 2.2—Prepare the plans,specifications and estimates for Architectural, Structural, Plumbing, Mechanical, Site Civil, Electrical, Fire Protection, Telecommunications and Landscape Architecture design as required to submit completed permit applications noted in Task 1.3.The following process will be adhered to: a. Plans, specifications and estimates will be prepared and presented at the 30%,60%and 100%complete intervals. These will be submitted to the County for review and comment and will include the following: • Design drawings/plans. • Technical Specifications(at the 60%submittal;and with suggested bid form at 100%submittal). • Opinion of Probable Construction Cost(estimate). • Schedule for completing tasks through construction award and update at 30%,60%,and 90%design. • Recommendation for Construction Contract Duration(at 100%submittal). b. Two weeks is assumed for the County to review each Design Submittal Package. The Engineer will participate in a review meeting at the County's office to discuss and obtain the County's comments at each deliverable stage. The County comments agreed to at the meeting will be incorporated into the documents. Deliverables(Task 2.2): Deliverables Include: • Submit up to two paper copies and one electronic copy in PDF of the items indicated above to the County for the Final Design Submittal Package. The Drawings will also be submitted in AutoCAD format. The Drawing set paper copies are expected to include one full-size(22 x 34 inches)set and one half-size(11 x 17 inches)set. TASK 2.3—Provide roadway improvements on Stockade Road as/if required by the County. a. Limited to on-site driveway approach improvements. b. Additional widening and/or intersection improvements as may be requested by GMD will be scoped separately and necessary services included in a separate amendment. TASK 2.4-Develop site signage and directional wayfinding for the site based on the total project buildout. TASK 2.5—Provide stormwater management as required by the applicable agencies,for e.g.,GMD and SFWMD. TASK 2.6— Provide interior layout of the building to provide an ergonomic, functional, and safe environment for staff and customers including room dimensions, window locations, office and meeting space, breakroom, counter space,lighting,flooring,lockers,bathrooms with shower,Americans with Disabilities Act(ADA)compliant features, and an equipment closet with separate air handling and conditioning suitable to maintain cold temperatures required for IT and other instrumentation. Use County standards when required (e.g., IT). Task 2.6 services will be provided by the Lunz Group Architects and their subconsultants. TASK 2.7-For Scalehouse and Controls Center—provide transaction drawers and windows on scale-facing sides of the building, cashier/scale instrumentation, inbound and outbound scales including drop arms, electric sign boards, traffic lights, operational controls, and integration with scale software and ancillary equipment (for e.g., kiosks, security camera system) similar to those currently used at the existing scale houses at the Collier County Landfill 3 of 7 Schedule A—Scope of Services CAD (CCLF)located at 3750 White Lake Boulevard.Task 2.7 services will be provided by the Lunz Group Architects and their sub consultants. TASK 2.8-For Recycling Drop-off Center—provide venting for Household Hazardous Waste(HHW)storage areas per regulatory requirements. Task 2.8 services will be provided by the Lunz Group Architects and their sub consultants. Deliverables(Task 2.3-2.8): These items will be addressed and included in each deliverable stage(30%,60%and 100%)for review by the County at a level of detail typically expected for that stage. Design Criteria is as follows: Scalehouse&Controls Center Recycling Drop-Off Facility Design Life 30 years 30 years Design Flood Elevation To meet the current Federal Emergency To meet the current FEMA and Management Agency(FEMA)and County County building regulations building regulations Building Height 1 story 1 story Building Size —2,300 SF —28,000 SF Building Construction Type Commercial,Block Commercial,Block Hurricane Rating Category 5 Category 5 Architectural Elements Provide security doors Provide security doors Provide high-quality,self-closing sliding Provide high-quality,self-closing windows that lock and stand-up workstations sliding windows that securely lock. for both inbound and outbound scales Building Exterior Concrete Concrete Floor Concrete slab on grade with seamless epoxy Concrete slab on grade with coating seamless epoxy coating Life Safety Requirements Emergency lighting,exit signs, fire alarm,fire Emergency lighting,exit signs,fire extinguishers and sprinklers,and safety alarm,fire extinguishers and shower. sprinklers,safety shower,and eye wash stations per State and County Code Roof Type Metal; forest green or nearest match Metal; forest green or nearest match Lighting Protection Yes Yes Restrooms Unisex at least two stalls,ADA compliant, Unisex at least two stalls, ADA shower,mirror, lockers compliant, shower,mirror, lockers Electrical System 480 volt, 3-phase wye,4-wire 480 volt, 3-phase wye,4-wire HVAC Heated and air-conditioned Heated and air-conditioned in enclosed areas and in areas as needed and appropriate for received/stored materials Safe Room(Cash Handling)and Yes,safe and conduit for security cameras Yes, for safe storage Storage Break Area,kitchen sink and Yes—143 sq ft Yes—143 sq ft countertop,refrigerator, microwave Conference Room No Yes—274 sq ft Sorting&Storage Storage closet for office supplies and small Yes—see Tim Nance, Recycling equipment Drop-off Center Design Recycling Equipment Staging N/A Compactor, baler,roll-offs, bulb crusher; sizes and configuration to be determined(TBD) 4 of 7 Schedule A—Scope of Services CA° Drop Arms Yes, inbound and outbound No Paving and Striping Yes Yes Shade structure Yes,across both scales Yes,across drop-off lane(s)only. See Tim Nance,Recycling Drop-off Center Design Truck Dock(s) N/A Number—TBD _ _ Signage Yes—TBD Yes—TBD Electric sign boards,and traffic Yes No signals, include extra conduit for future use Electrical, IT,Telecommunications Yes;must meet minimum IT and security Yes;must meet minimum IT and Room standards security standards Security Lighting&Cameras Yes;must meet minimum IT and security Yes; must meet minimum IT and standards security standards Generator,shared,sized to power Yes,shared Yes, shared all new buildings Task 3- Design Support Services TASK 3.1 -The Engineer will manage the project and all subconsultant team members. The Engineer will conduct a kick-off meeting with SHWMD staff to discuss design and layout preferences for the facility, compile additional SHWMD requirements,and incorporate that information into the project. During the Design Phase,we anticipate the following: a. Lead project team meetings with the County and staff for the development of the design. (It is assumed bi- weekly meetings over a 9-month design process for up to twenty(20)meetings.We expect that one meeting per month (included in the total)will be conducted in person. b. Prepare meeting minutes and distribute them for review and approval. c. Prepare and make presentation(s)to the Owner and/or other County agencies.(Three meetings are assumed, one for each deliverable stage.) Deliverables(Task 3.1): Deliverables include: • Electronic files(PDF)of meeting minutes,attendees, and any presentations or exhibits used. Task 4-Bidding Support and Post Design Services TASK 4.1 —Bidding Support Services a. Prepare bid package for construction. • The Engineer will provide Construction Plans, Specifications,and Bid Items and Quantities for the bid package. • The County will provide the construction bid package front-end provisions.This typically includes the initial set of documents included in a bid package that outlines the key project details, including the project scope,general conditions, important specifications,and administrative information. i. The Engineer will provide support in preparing the project scope and key project details sections that are usually included in the front-end documents. • The County will compile the final bid package. • The Engineer will review the final bid package. b. The Engineer will coordinate and attend the pre-bid meeting and conduct a site inspection of the proposed work area. c. The Engineer will respond in writing and in a timely manner to RAIs from contractors and prepare written responses.The Engineer will prepare minutes for this meeting and submitted them to the County. d. The Engineer will assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding Documents. e. The Engineer will provide a recommendation letter of award with a"Reference Log"showing the date,time, and comments of all contacted references provided by the prospective contractor. 5 of 7 Schedule A—Scope of Services Cho f. The Engineer will consult with and advise the County regarding the acceptability of the contractor and subcontractors,suppliers,and other organizations proposed by the Prime Contractor for portions of the work for which such acceptability is required by the Contract Documents. g. The Engineer will consult with the County concerning and determine the acceptability of substitute material and equipment proposed by the Contractor. TASK 4.2-Construction Administration during Construction and Close-Out Phases The Engineer will provide Construction Administration services that will include the following: a. Conformed Construction Drawings and Specifications: Create construction sets of drawings and specifications by updating the Bid Set of Drawings and Specifications assuming minor revisions resulting from bid questions and/or addenda. Prepare digital sets of Construction Drawings and Specifications for delivery at the preconstruction conference as record copies for the County and Contractor, as well as for Building Permitting. The digital Drawings and Specifications will be prepared in PDF and will be digitally signed and sealed in accordance with 61G15-23.004, FAC. Source drawing files in AutoCAD format will also be provided. b. Coordinate with the CEI,County,and Contractor(s)as needed to provide adherence to design. c. Attend the construction kick-off meeting. d. Review shop drawing submittals from the Contractor. e. Catalog requests for information(RFIs)and prepare written responses. f. Mitigate any potential challenges that might hinder the project and its design, incorporating considerations of field conditions and operations into the proposed design and cost framework. g. Coordinate and lead a formal construction progress meeting no less than every two(2)weeks with the County and Contractor. It is assumed nine (9) months of construction; consequently, twenty (20) meetings are planned. h. Prepare and distribute minutes of the construction progress meetings. i. Conduct site visits as required depending on the pace and stage of the work to observe the construction and meet with the County after to discuss the project progress.(This work will be coordinated with the biweekly progress meetings for the duration of construction.)In addition to the progress meetings,one additional site visit per month will be included for an estimated 9 months of construction.(Nine site visits.) j. Conduct a formal inspection at the Substantial Completion stage. k. Prepare and distribute punch list completion items. 1. Issue a Substantial Completion Certification letter. m. Review building and infrastructure as-builts provided by the Contractor's surveyor. n. Review final Record Drawings for scale-related construction for final site certification from the County. o. Issue Final Acceptance Certification letter p. Other relevant tasks normally conducted by and the responsibility of the Engineer of Record(EOR). CLARIFICATIONS-The following proposal clarifications govern this Scope of Services. Excluded items may be provided by the Consultant as an Additional Service upon prior written agreement by both parties. 1. Any required regulatory permitting,plan review,or permit application fees will be paid by County. 2. The County will cover any impact fees,connection charges,utility service applications,or other related utility service coordination items. 3. Permitting or relocation of threatened and endangered species is excluded. 4. Fees for the purchase of wetland mitigation credits, if needed,are excluded and are assumed to be paid by the County. 5. CEI is not a part of this scope and is to be contracted by the County separately from this proposal. 6. Construction surveying,geotechnical, and materials testing costs are excluded. 7. NPDES permitting for construction activities is the Contractor's responsibility and is excluded. 6 of 7 Schedule A—Scope of Services CM) 8. Record specifications are excluded. 9. Normal workday hours are 8:00AM to 5:00PM. Observation services required on weekends, holidays, and beyond normal workday hours are subject to staff availability and may incur an overtime rate equal to 1.5 times the County-approved contract rates to be billed against the observation budget. Pre-approval for incurring overtime shall be approved the County. 10. The quantities of labor hours and personnel rates listed in the fee estimate are intended as documentation and justification for the total cost of the project. 7 of 7 Schedule A—Scope of Services C pQ 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. Tasklltem Description Lump Sum Time and Materials Not-to-Exceed Task 1.1 Conceptual Site Layout $ 73,932.00 Task 1.2 Site Investigations S 65,229.00 Task 1.3 Prepare&Submit Permit Applications S 85,683.00 Task 2.1 Coordination with County Agencies $ 31,600.00 Task 2.2 Prepare Plans, Specifications& Estimates $ 402,707.00 Task 2.3 Roadway Improvements to Stockade Ro (Driveway Approach) S 14,740.00 Task 2.4 Develop Site SignagelWayfinding $ 4,600.00 Task 2.5 Stormwater Management to Meet FDEPISWFWMD/GMD Req. $ 11,420.00 Task 2.6 Building Interior Layout $ 13,910.00 Task 2.7 Scalehouse&Controls Center $ 14,855.00 Task 2.8 Recycle Drop Off Center-Venting for Hazardous Waste S 20,015.00 Task 3.1 Manage The Project(9 Months of Design) $ 57,900.00 Task 4.1 Bidding Support Services $ 33,696.00 Task 4.2 CA Services $ 306,094.00 Total Lump Sum Fee S 664,759.00 Total Time and Materials Not-to-Exceed Fee $ 471,622.00 GRAND TOTAL FEE $ 1,136,381.00 Page 18 of 29 PSACCNA Single Project Agreement 1202a vcr 21 \(. B.2.2. II*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. n* 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 30 PSA_CCNA Single Project Agreement[2025_ver l j CAO 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 30 PSA_CCNA Single Project Agreement[2025_ver.I] CAO JONESEOMUN[)S & ASSOCIATES, INC. SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Project Officer $315 Senior Project Manager $280 —Project Manager $225 Chief Engineer orScientist $295 Senior Engineer $280 Senior Scientist $225 Project Engineer $230 Project Scientist $170 Engineer S170 Scientist $155 ' Engineer Intern S155 Associate Scientist $135 Designer $135 Senior CADDDesigner $170 CADDDesigner $155 Senior CADDTechnician $135 CADDTechnidmn $125 Systems Analyst $225 Senior G|S Analyst OF Senior S|3 Programmer $170 G|S Analyst orProgrammer $145 G|S Specialist $165 G|5Technician $125 Senior Database Administrator ���� _ Database Administrator $170 Environmental Data Analyst $125 Senior Field Technician Environmental $135 Field Technician Environmental $125 Senior Construction Administrator $225 Construction Administrator $170 Senior Field Representative Construction $155 Field Representative Construction $135 Construction Project Coordinator $125 Senior Administrative Assistant $125 Administrative Assistant $95 Senior Technical Editor $175 -- -The above hourly rates are applicable to Time and Materials task(s) only. The above list may not ba 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, the grantof—ige-RW Page Z1n[29 psx_ccwA Single Project Agreement|zoz4_v",z| v''^_ SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days For Completion of Task Task/Item Description Duration from Date of Notice to Proceed Notice to Proceed 0 Days 0 Days 1.1 Conceptual Site Layout 30 Days 30 Days 1.2 Site Investigations(Complete Surrey/Geotech/SUE) 45 Days 45 Days 1.3 Prepare and Submit Permit Applications 60 Days 220 Days(-I-) 2.1 Coordination with County Agencies 280 Days Ongoing Throughout Design(280 Days) 2.2 Prepare Plans,Specifications and Estimates 235 Days 280 Days 2.2.1 30%Design Plans(SD's)(Prepare&Submit) 40 Days 85 Days 2.2.2 30%Design Plans(SD's)(County Review) 10 Days 95 Days 2.2.3 60%Design Plans(DD's)(Prepare&Submit) 60 Days 155 Days 2.2.4 60%Design Plans(DD's)(County Review) 10 Days 165 Days 2.2.5 100%Design Plans(CD's)(Prepare&Submit) 105 Days 270 Days 2.2.6 100%Design Plans(CD's)(County Review) 10 Days 280 Days 2.3 Roadway Improvements to Stockade Road 235 Days Ongoing Throughout Design(280 Days) 2.4 Develop Site Signage/Wayfinding 235 Days Ongoing Throughout Design(280 Days) 2.5 Stormwater Mngmt.to Meet FDEP/SWFWMD/GMD Req. 235 Days Ongoing Throughout Design(280 Days) 2.6 Building Interior Layout 235 Days Ongoing Throughout Design(280 Days) 2.7 Scalehouse&Controls Center 235 Days Ongoing Throughout Design(280 Days) 2.8 Recycle Drop Off Center-Venting for Hazardous Waste 235 Days Ongoing Throughout Design(280 Days) 3.1 Design Supoport Services 280 Days Ongoing Throughout Design(280 Days) 4.1 Bidding Support Services 30 Days 310 Days 4.2 Constr.Admin.Services(Assumed 9 Months per Scope) 270 Days Ongoing Throughout Construction(580 Days) Page 22 of 29 PSA_CCNA Single Project Agreement[2024_ver.2] 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 30 PSA_CCNA Single Project Agreement 12025_ver.I] CAO purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked ( n ) are required by this Agreement. 10. n WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $500,000.00 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. —. d tt d Stat o-ngslaoreman' -,and-1 arb Wer-k-ers- 6werage-sbal be--- ,aintaained whcrc -aft+cable----te---the---eewn efen---ef--the—work. rerage--shall---hare- ain+natawe---4i-r at --ef $ ----Per- -la+na/9eear-feense 12. n Maritime-Coverage-(Jones-Act) shall be maintained-where-applicable-te-the-era a-pteti an-of t-he-wer-le,( overage-shall-have-raiin atira_l+mifs--of$--__..___ Pef-Gfaim/Ceea rre : 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 $ 1,000,000.0o 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 30 PSA_CCNA Single Project Agreement[2025_ver.I I 14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft--Liability. Coverage shall, be armed--by- the CONSULTANT or the SUBGON UL-TA J e—Qem ereiol am+ -bhe --ih subparogwh {1 ohlpletion-of-tlae-Ses lees ner--this-Agreem en t: 16. n Air-Graf---L+ability:—Leverage---sha-ll_-..be----eery-+ed----by---tl e-- QNULT-ANT------oF__,.the S-UB SUb-TANT. in limits of not less-ten 6.7000 98,9--eaeh--eoeurrence if applicable—to—the eo+ rpletiorr-o“ne-Servioe& 4er t is Agroement- 17. ■ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of$500,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. 18. TEC INGL 1 -ERR®1 S-AND-C- MISSIC- N -INSIJR-A-NGE:-Leverage s oil have Per Oso rfenee.- 19. CYI ER-lNS1-JFiANCE: a e-.shall-love-rninimtm-lir-nitts-of$ Pef Occur-ret : 20. n UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. I 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 30 PSA_CCNA Single Project Agreement[2025_ver I] F{; ; 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 30 PSA_CCNA Single Project Agreement[2025_ver.11 CAO SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Jones,Edmunds&Associates,Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning "Design Services for Immokalee Recycling Drop-off Center and Scalehouse Control" "project" is accurate, complete and current as of the time of contracting. BY: TITLE: President&CEO DATE: April 25,2025 Page 27 of 30 PSA C'CNA Single Protect Agreement[2025 vcr.l l CA( ; SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time JONES EI)MU NUS: Ken Vogel Project Executive 0.5% John Harvey Sr. Project Manager 13.5% Rich Koller Senior Engineer/Scientist 2.5% 'Mori Beyer Project Engineer 20.0% Rasa hu Martin Engineer intern 1 S.0% Jacob Sake Engineer intern 10.0% Melissa Ross Cadcl Designer I5.0% Ali'I'osi Sr. Cndd Technician J 10,0% Thy Do Sr.Water Resources Engineer 2.0% Chelsea Goodman Water Resources Engineer 7,5% Bj Bukata Environmental Scientist 2.5% Joe Schmidt Sr Spec Writer 0.5% Nancy Vasecti Spec Technician 0,5% LeaAnne Bundy Accounting Tech 0.5% TOTAL JONES EI)MUNDS== 100.0% 1 Page 28 o f 29 PSA CCNA Single Project Agreement 120241_vcr.21 SCHEDULE G AFFIDAVIT REGARDING LABOR AND SERVICES Following this page Page 29 of 30 PSA_CCNA Single Project Agreement 12025_ver.l] Ceti 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: Jones Edmunds&Associates, Inc. Address: 13545 Progress Blvd.,Suite 100,Alachua, FL 32615 Phone Number: 352-377-5821 Authorized Representative's Name: Stanley F. Ferreira,Jr., PE Authorized Representative's Title: President&CEO Email Address: rferreira@jonesedmunds.com AFFIDAVIT I, Stanley F. Ferreira,Jr., PE _(Name of Authorized Representative), as authorized representative attest that Jones Edmunds&Associates, Inc. (Name of Nongovernmental Entity) does not use coercion for labor or services as defined in § 787.06, Florida Statutes. Under .-naltyof perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. At,. Apr i t a3• aaaS (Signatu •e_. ized representative) Date STATE OF Florida COUNTY OF Alachua Sworn to (or affirmed)and subscribed before me, by means of I] physical presence or❑ online notarization this day of April , 20 25 • Stanle F. Ferreira,Jr.(Name of Affiant),who produced their as identification or art •ersonally known to me. J Llnn�-.-- ( ...a..0...„ tary Public ``""��P'44' JoAnne Talamo VS 4' ( $ 2.46 Z.6 '�A� MY COMMISSION#IIH302593 "1/411,,,►���a EXPIRES:August 18,2026 Com scion Expires °'" Personally Known xi OR Produced Identification ED Type of Identification Produced: CONTRACT,RENEWAL,OR EXTENSION REQUEST FORM Version:2025.1 CA U SCHEDULE H Other: (Description) following this page (pages through ) ■� this schedule is not applicable Page 30 of30 PSA_CCNA Single Project Agreement[2025_ver.l] CAO