Agenda 06/24/2025 Item #16F5 (Change Order No. 1 for $49,906 and Time Extension for Pelican Bay Sidewalk Improvements (Agreement No. 20-7817, Project No. 50212)6/24/2025
Item # 16.F.5
ID# 2025-2027
Executive Summary
Recommendation to ratify administratively approved Change Order No. 1 under Agreement No. 20-7817, “CEI Services
for Pelican Bay Sidewalk Improvements,” to Johnson Engineering, Inc., adding $49,906 for additional construction
inspection services and 365 additional contract days during the extended Phase 2 construction period, approve the
necessary Budget Amendment, and authorize the Chair to sign the attached Change Order. (Project 50212)
OBJECTIVE: To perform contract inspection and oversight services during the extended Phase 2 sidewalk construction
project.
CONSIDERATIONS: Collier County Ordinance No. 2002-27, as amended, established the Pelican Bay Services
Division Municipal Service Taxing and Benefit Unit (the “MSTBU”) of Collier County, Florida, for the purpose of
providing street lighting, water management, beach re-nourishment, ambient noise management, extraordinary law
enforcement service and beautification, including, but not limited to, recreation facilities, sidewalks, street and median
areas.
Historically, the Collier County Road and Bridge Maintenance Division (the “Division”) has maintained the asphalt
sidewalks in Pelican Bay. Due to aging infrastructure and tree root intrusions, the existing sidewalks originally built in
the early 1980’s have reached the end of their useful service life and can no longer be repaired to achieve the desired
standards of the Pelican Bay Community. As a result, on behalf of the MSTBU, the Division issued Request for
Professional Services No. 20-7680 seeking proposals for professional design services for a sidewalk replacement project
on certain public roadways located in Pelican Bay, which ultimately resulted in the Board awarding Agreement No. 20-
7680 to the top ranked firm, Agnoli, Barber & Brundage, Inc. now known as LJA Engineering, Inc. (“LJA”) on April
28, 2020 (Agenda item 16.F.3).
The County issued RPS No. 20-7817, “CEI Services for Pelican Bay Sidewalk Improvements,” to solicit Construction,
Engineering, and Inspection services for the project, and on May 11, 2021 (Agenda Item 16.F.3), the Board awarded
Professional Services Agreement No. 20-7817, to Johnson Engineering Inc. (“Johnson”), to provide the CEI services in
the amount of $772,971.
Construction of the project was implemented in two Phases: Phase 1 of the construction began on June 7, 2021, and was
completed on February 21, 2022, and included an approximately 1.3- mile stretch of ADA-compliant sidewalk. Phase 2
construction began on June 6, 2022, and is anticipated to be completed by mid-year 2025, and includes an
approximately 11.6-mile stretch of ADA-compliant sidewalk.
Change Order No. 1 is a request to increase the value of Agreement No. 21-7817 by $49,906 for Task 5 Phase 2
Construction Inspector and Project Oversight for engineering inspection and oversight during the extended construction
period as well as through the one-year construction contractor’s warranty period.
This change order ensures that construction of approximately 11.6 miles of pavement in Phase 2 will achieve the desired
standards of the Pelican Bay Community by preventing additional delays, future rework, public safety issues and
increased liability to the County.
This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and
facilities to effectively, efficiently, and sustainably meet the needs of our community.
The County’s Procurement Services Division administratively approved Change Order No. 1 as authorized under the
Procurement Ordinance, Section 19, Contract Administration, Subsection 3.b.
This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and
facilities to effectively, efficiently, and sustainably meet the needs of our community
FISCAL IMPACT: Change Order No. 1 increases the overall contract by $49,906 for a total contract value of
$822,877. A budget amendment is necessary to reallocate funding in the amount of $49,906 from Pelican Bay Lake
Bank Improvements Project (51026) to Pelican Bay Sidewalk Maintenance/Enhancement Project (50212), within the
Pelican Bay Services Division Landscape & Irrigation Capital Fund (3041).
Page 3184 of 3580
6/24/2025
Item # 16.F.5
ID# 2025-2027
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the
adequacy and availability of viable public facilities and to remain in compliance with all regulatory programs.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: To ratify administratively approved Change Order No. 1 under Agreement No. 20-7817,
“CEI Services for Pelican Bay Sidewalk Improvements,” to Johnson Engineering, Inc., adding $49,906 for additional
construction inspection services and 365 additional days during the extended Phase 2 construction period, approve the
necessary Budget Amendment, and authorize the Chair to sign the attached Change Order. (Project 50212)
PREPARED BY: Lisa Jacob, Project Manager
ATTACHMENTS:
1. Contract 20-7817 Johnson Engineering CO#1 CAO Stamped
2. BA 4.30.2025 move money from 51026 Pelican Bay - Lake Bank-50212 Pelican Bay Sidewalk
3. 20-7817JohnsonEngineering,Inc._Contract_20250616124350.684_X
Page 3185 of 3580
Page 3186 of 3580
Page 3187 of 3580
Page 3188 of 3580
Page 3189 of 3580
Page 3190 of 3580
Page 3191 of 3580
Page 3192 of 3580
Page 3193 of 3580
PROFESSIONAL SERVICES AGREEMENT
Contract# 20-7817
for
CEI Services for Pelican Bay Sidewalk Improvements
THIS AGREEMENT is made and entered into this day of YY 20 21 by
and between the Board of County Commissioners for Collier County, lorida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Johnson Engineering, Inc. authorized
to do business in the State of Florida, whose business address is
2122 Johnson Street, Fort Myers, FL 33901 hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning CEI Services for Pelican Bay Sidewalk Improvements
hereinafter referred to as the "Project"),
said services in accordance with the provisions of Section 287.055, Florida Statutes being more
fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated
herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project
to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B,
Basis of Compensation", which is attached hereto and incorporated herein.
Page 1 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3194 of 3580
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to the COUNTY.
1.5. CONSULTANT designates Josh Hildebrand, PE, PTOE a qualified licensed
professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the
Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of
the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY to promptly remove and replace the Project Coordinator, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Page 2 of 32
PSA_CCNA Single Project Agreement_Ver.4
CA 0
Page 3195 of 3580
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequesta( colliercountvfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally
terminate this Agreement immediately.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTYS approval of the design documents in
no way relieves CONSULTANT of its obligation to deliver complete and accurate documents
necessary for successful construction of the Project.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
Page 3 of 32
PSA_CCNA Single Project Agreement_Ver.4
CM)
Page 3196 of 3580
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the
CONSULTANT for services and/or items necessary to correct the deficiencies directly related to
the CONSULTANT's non-performance whether or not the COUNTY obtained substitute
performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way- ROW, centerlines -CL, edge-of-pavement- EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types
listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Change Order or Amendment authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering
life or property, any Additional Services must be approved in writing via a Change Order or an
Amendment to this Agreement prior to starting such services. The COUNTY will not be
responsible for the costs of Additional Services commenced without such express prior written
approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i)
a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by
CONSULTANT that such Work is not additional but rather a part of the Basic Services required
of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is
required because of the action taken by CONSULTANT in response to an emergency, an
Amendment shall be issued to document the consequences of the changes or variations, provided
that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty-
eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure
to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it
otherwise may have had to seek an adjustment to its compensation or time of performance under
Page 4 of 32
PSA_CCNA Single Project Agreement_Ver.4
OCAO
Page 3197 of 3580
this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
2.1.1 Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.1.2 Services resulting from significant changes in the general scope, extent or character
of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY when such revisions are required by changes
in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably
anticipated prior to the preparation of such studies, reports or documents, or are due to any other
causes beyond CONSULTANT's control and fault.
2.1.3 Providing renderings or models for the COUNTY's use.
2.1.4 Investigations and studies involving detailed consideration of operations,
maintenance and overhead expenses; the preparation of feasibility studies, cash flow and
economic evaluations, rate schedules and appraisals; and evaluating processes available for
licensing and assisting the COUNTY in obtaining such process licensing.
2.1.5 Furnishing services of independent professional associates and consultants for
other than the Basic Services to be provided by CONSULTANT hereunder.
2.1.6 Services during travel outside of Collier and Lee Counties required of
CONSULTANT and directed by the COUNTY, other than visits to the Project site or the
COUNTY's office.
2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in
any litigation, or other legal or administrative proceeding, involving the Project (except for
assistance in consultations which are included as part of the Basic Services to be provided
herein).
2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define the COUNTY's policies and decisions with
respect to CONSULTANT's services for the Project. However, the Project Manager is not
Page 5 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3198 of 3580
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT hereunder;
b. The time the CONSULTANT is obligated to commence and complete all such services;
or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's
requirements for the Project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and any
budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY's possession
pertinent to the Project, including existing drawings, specifications, shop drawings,
product literature, previous reports and any other data relative to the Project;
d. Arrange for access to and make all provisions for CONSULTANT to enter the Project
site to perform the services to be provided by CONSULTANT under this Agreement;
and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the
COUNTY with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
Page 6 of 32
PSA_CCNA Single Project Agreement_Ver.4
CAO
Page 3199 of 3580
COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform
or give rise to any right to damages or additional compensation from the COUNTY.
CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time
to its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such
delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT
resumes performance of its obligations hereunder in such a manner so as to reasonably establish
to the COUNTY's satisfaction that the CONSULTANT'S performance is or will shortly be back on
schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT
be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
Basis of Compensation , which is attached hereto and made a part hereof. The Project Manager,
or designee, reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction
of the COUNTY's Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT 's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
Page 7 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3200 of 3580
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. f1
B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor
agency.
ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement("Project Documents"). The COUNTY shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this
Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this
license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project
Documents to complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges the COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement
or (b) the date the Project is completed, whichever is later, or such later date as may be required
by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall,
free of charge, have the right to audit, inspect and copy all such records and documentation as
often as they deem necessary during the period of this Agreement and during the five (5) year
period noted above, or such later date as may be required by law; provided, however, such activity
shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
Page 8 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3201 of 3580
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
8.2. To the extent that the Agreement that the work pertains to a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided
herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet
the requirements of this Agreement shall name Collier County Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier
County Government, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests' provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
the COUNTY for payment of premiums or assessments for any deductibles which all are
at the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by the COUNTY applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, except such rights as they may have to the proceeds of such insurance held by
any of them.
Page 9 of 32
PSA_CCNA Single Project Agreement_Ver.4
CA()
Page 3202 of 3580
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY and
any such other person or firm. Nor shall anything in this Agreement be deemed to give any such
party or any third party any claim or right of action against the COUNTY beyond such as may then
otherwise exist without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed to
this Project in accordance with the percentages noted in Schedule F. All personnel, identified in
Schedule F shall not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or
subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume
toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by
this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement
shall preserve and protect the rights of the COUNTY under this Agreement with respect to the
Services to be performed by the subconsultant or subcontractor so that the sub consulting or
subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shallrequireeachsubconsultantorsubcontractortoenterintosimilaragreementswithitssub-
subconsultants or sub-subcontractors.
10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any
termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
Page 10 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3203 of 3580
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 12.1shallbedeemedtobethenoticeofterminationprovidedforinparagraph12.3, below, and
CONSULTANT'S remedies against the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to
that portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to thetermination, but CONSULTANT shall not be entitled to any other or further recovery against the
COUNTY, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT'S possession or under its control.
12.5. The COUNTY shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
Page 11 of 32
PSA_CCNA Single Project Agreement_Ver.4
CAO
Page 3204 of 3580
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 securethisAgreementandthatCONSULTANThasnotpaidoragreedtopayanyperson, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this Agreement
are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees
that the original Agreement price and any additions thereto shall be adjusted to exclude any
significant sums by which the COUNTY determines the Agreement price was increased due to
inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such
adjustments shall be made within one (1) year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
Page 12 of 32
PSA_CCNA Single Project Agreement_Ver.4
CAO
Page 3205 of 3580
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: Pelican Bay Services Division
Division Director: Neil Dorrill
Address: 801 Laurel Oak Dr. Ste 712
Naples, FL 34108
Administrative Agent/PM: Darren Duprey, Assoc. Project Manager
Telephone:239) 597-1749
E-Mail(s): Darren.Duprey@colliercountYfl.gov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name: Johnson Engineering, Inc.
Address: 2122 Johnson Street
Fort Myers, FL 33901
Attention Name & Title: Michael Dickey, Vice President
Telephone:239) 334-0046/ (239) 334-3661
E-Mail(s): mdickey@johnsoneng.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
Page 13 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3206 of 3580
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, andanysuchprioragreementsorunderstandingshallhavenoforceoreffectwhateveronthis
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: N/A
Solicitation # 20-7817 including all Attachment(s), Exhibit(s) &Addendum
Consultant's Proposal
17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY'sBoardapprovedExecutiveSummary, the terms of the Agreement shall take precedence over the
Page 14 of 32
PSA CCNA Single Project Agreement_Ver.4
Page 3207 of 3580
terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions
shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the CONSULTANT at the COUNTY's discretion.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or securethisAgreementandthatCONSULTANThasnotpaidoragreedtopayanyperson, 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 fromtheawardormakingofthisAgreement. At the time this Agreement is executed, CONSULTANTshallsignanddelivertotheCOUNTYtheTruth-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 informedbytheCOUNTYofandisincompliancewiththetermsofSection287.133(2)(a) of the Florida
Statutes which read as follows:
A person or affiliate who has been placed on the convicted vendor listfollowingaconvictionforapublicentitycrimemaynotsubmitabid, proposal,
or reply on a contract to provide any goods or services to a public entity; maynotsubmitabid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list."
Page 15 of 32
PSA_CCNA Single Project Agreernent_Ver.4
Page 3208 of 3580
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 bytheCOUNTY'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 relatingtoorarisingoutofthisAgreementmustbebroughtintheappropriatefederalorstatecourtsinCollierCounty, 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 theprovisionsoftheImmigrationReformandControlActof1986aslocatedat8U.S.C. 1324, et seq.and regulations relating thereto, as either may be amended. Failure by the CONSULTANT tocomplywiththelawsreferencedhereinshallconstituteabreachofthisagreementandtheCOUNTYshallhavethediscretiontounilaterallyterminatethisAgreementimmediately.
Page 16 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3209 of 3580
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K ,Kinzel, Clerk of Courts &
Comptroller,,,
X/
jjdf4/1-
A t-
a - ®
Pen y Taylor' Chair
Date;:)',, 5-`; ' -t
4,
t as.to C dr an's
tig tit diy.
a . 0, d as
oILL
and Legality:
1___
t County Attorney
Vie* a Wit`t`
Name
Consultant:
Johnson Engineering, Inc.
Consultant's Witnesses:
7, ,,
1A/Pi
Witness
Me((+digs W,IS,t//-' eCAnk;RI 1.0.46Vt g 1/.14//4420 j P12c-5IPGNT_
Name and Title c6tAWN.so(J Name and Title
aam/trih..02L
Witness n ^_`j, 1-f/s
PeD/Nrl it) .
Name and Title
Page 17 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3210 of 3580
SCHEDULE A
SCOPE OF SERVICES
following this page (pages
1
through
13)
Page 18 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3211 of 3580
SCHEDULE "A"
STATEMENT OF WORK
CEI SERVICES
FOR PELICAN BAY SIDEWALK IMPROVEMENTS
March 16,2021
SCOPE OF WORK
The CONSULTANT will provide pre, during, and post construction engineering and inspection
CEI) services for the following public roadways that have been identified for inclusion in the
Division's sidewalk replacement project:
Pelican Bay Sidewalk Replacement Phase 1
Oakmont Parkway
Green Tree Drive
Pelican Bay Sidewalk Replacement Phase 2
Gulf Park Drive
Crayton Road
Hammock Oak Drive
Laurel Oak Drive
Myra Janco Daniels Boulevard
North Pointe Drive
Oakmont Parkway
Pelican Bay Boulevard
Ridgewood Drive
The CONSULTANT shall observe regular construction and testing activities related to the
program as directed by the COUNTY's Project Manager, including rehabilitation work.
Construction/testing reports and pictures of construction will be prepared daily in the field with
approved electronic devices(Laptop PC or tablets)on the day the construction activity takes place
by the construction inspector. Construction documentation will be provided bi-weekly via
electronic e-mail to the COUNTY Project Manager and designated recipients. A hardcopy will be
kept in the CONSULTANT's project file. Inspector's travel time to or from the work site will not
be compensated. Additional hours outside of the normal workday are to be compensated for at the
standard hourly rate as included in the contract schedule. Once a project begins, all changes to
staffing are to be approved by COUNTY. Changes to personnel will not result in additional
compensation to acclimate staff to the project.The CONSULTANT's staff working on the project
will be required to undergo a COUNTY background check and maintain a COUNTY identification
badge during the contract period at the firm's expense.Current scope of services is being provided
for Pelican Bay Sidewalk Replacement- Phase 1 Green Tree Drive&Oakmont Parkway,referred
Page 1 of 13
Page 3212 of 3580
to herein as"Phase 1"and a future design phase which may include sidewalk replacement on Gulf
Park Drive, Crayton Road, Hammock Oak Drive, Laurel Oak Drive, Myra Janco Daniels
Boulevard,North Pointe Drive, Oakmont Parkway, Pelican Bay Boulevard,and Ridgewood Drive
referred to herein as "Phase 2." Phase 1 is assumed to have an approximate 6-month construction
duration and Phase 2 is assumed to have an approximate 27-month construction duration.
The Phase 1 CEI services will include the following tasks:
Task 1.0 Phase 1 Construction Observation and Documentation
Task 2.0 Phase 1 Construction Inspector and Project Oversight
Task 3.0 Phase 1 Additional Services
The Phase 2 CEI services will include the following tasks:
Task 4.0 Phase 2 Construction Observation and Documentation
Task 5.0 Phase 2 Construction Inspector and Project Oversight
Task 6.0 Phase 2 Additional Services
Task Description
1.0 Phase 1 Construction Observation and Documentation
The CONSULTANT will provide the services outlined below:
1.1 Construction/Testing Observation
The CONSULTANT will conduct on-site observations and inspections of
construction/testing activities on the project with one (1) inspector on a full-time basis
unless directed otherwise by the COUNTY Project Manager to document that work is
completed in accordance with the contract documents. The CONSULTANT will inform
the COUNTY Project Manager and the on-site superintendent of the construction/testing
contractor of any concerns related to conformance of the work with the contract documents
a concern or an issue) as an attempt to resolve concern or issue on-site. If the concern or
issue is not immediately resolved in the field, the CONSULTANT shall inform the
Engineer of Record(EOR)and the COUNTY Project Manager in writing about the concern
or issue within eight (8) business hours, but not more than one (1) business day after the
discovery of any concern or issue. The EOR will be responsible for investigating the
concern or issue and resolving the same through a written directive to the construction
contractor and so inform the COUNTY Project Manager and the CONSULTANT in
writing.This protocol will be initiated any time the CONSULTANT becomes aware of any
construction that is unsatisfactory, faulty or defective, does not conform to the contract
documents, does not meet the requirements of any inspections, tests or approval required
to be made,or has been damaged before final payment.The CONSULTANT will maintain
a separate issue resolution log documenting any issue or concern that is conveyed in writing
to the EOR, including the written directive resolving the issue or concern.
Page 2 of 13
Page 3213 of 3580
1.2 Log and Construction Documentation
The CONSULTANT will prepare a daily log with pictures recording activities and details
related to the work on a form approved in advance by the COUNTY Project Manager.
Information will be recorded in the log when at the project site. Log entries will record
relevant aspects of the construction observed while on site including, but not limited to:
construction crew (labor) details, equipment used, materials used, compliance testing and
inspection performed, weather, temperature, site conditions, trench conditions, backfill
material used, dewatering methods, compaction methods, location of the work, and other
details related to the Work. The log will reference the digital photographs and or video
taken with appropriate file names and file locations. In addition to the construction details,
the daily log will contain information related to: time and hours on the job site, weather
conditions, data pertaining to questions of quantities of materials used, extras or
deductions, list of visiting officials and representatives of manufacturers, fabricators,
suppliers and distributors, observations in general and specific observations in more detail
as in observing test procedures, conformance inspection of materials and fittings, name
plate data for equipment and material installed, customer service field log, and other
information requested by the COUNTY Project Manager.Logs,photograph files and other
construction documentation will be provided to the COUNTY Project Manager by the
Construction Inspector on a bi-weekly basis in an electronic file via E-mail, on a digital
CD only if requested by the COUNTY Project Manager and a printed copy to be
maintained on the project site in the inspector's vehicle.
1.3 Photographic and Video Record
The CONSULTANT will provide a comprehensive digital photographic record of
construction activities related to the Project. The digital file names will be referenced in
the log along with a brief description of the photograph,the date and time of the photograph
and the name of the photographer. The digital files will be transferred via e-mail to the
COUNTY Project Manager on a bi-weekly basis, to a digital format if requested by the
COUNTY Project Manager and submitted on a bi-weekly basis along with the construction
documentation.The photographs may be electronic sent via e-mail to the COUNTY Project
Manager on a bi-weekly basis. If requested by the COUNTY Project Manager, pictures
will be printed in high resolution color,two captioned photos per 8 '/2"x 11"sheet,printed
one side only. The prints if requested will be provided to the COUNTY Project Manager
when needed. If requested by the COUNTY Project Manager, video will be provided in
digital format bi-weekly.
1.4 General Coordination
The CONSULTANT will coordinate activities related to the project between the
construction contractor, the FOR and the COUNTY Project Manager. The
CONSULTANT will oversee substantial and final completion inspections,and prepare and
maintain the punch list, including follow-up inspections to ensure that punch list items are
corrected and/or completed. Coordination may also include, at the COUNTY Project
Manager direction, coordination with the COUNTY Utilities Department for testing and
construction of required connections to existing facilities. The CONSULTANT will also
coordinate,as directed by the COUNTY Project Manager,with residents,business owners,
Page 3 of 13
Page 3214 of 3580
and the general public. The COUNTY reserves the right to remove any CONSULTANT
from a project at any time for failure to adhere to COUNTY policies and procedures.
1.5 Observe Regulatory Agency Inspections
The CONSULTANT will accompany visiting inspectors representing any regulatory
agencies having jurisdiction over the Project and will record discussions and the outcome
of these regulatory inspections in the logs. The CONSULTANT will always notify the
COUNTY Project Manager prior to any such inspections.
1.6 Construction Progress Meetings
The CONSULTANT will coordinate monthly progress meetings chaired by the COUNTY
Project Manager, attended by the construction contractor to review project status and
identify issues that may affect the Project. The CONSULTANT will prepare a DRAFT
Agenda at least two(2)business days in advance of each meeting and issue written meeting
notes identifying a summary of the discussion, conclusions and risks that have been
encountered or are expected within two(2) days after the meeting to the COUNTY Project
Manager, EOR, and the construction contractor.
1.7 Substantial Completion Inspections
The CONSULTANT will conduct substantial completion inspections when requested by
the construction contractor and the COUNTY or EOR recommends that the work is
sufficiently complete to warrant a substantial completion inspection.During the substantial
completion inspection, the Construction Inspector will prepare a punch list of items
requiring completion or correction to the satisfaction of the EOR and the COUNTY Project
Manager. Inspector will be responsible for maintaining the punch-list and issuing updates
to the punch-list on a weekly basis.The CONSULTANT will coordinate and participate in
the final walk-through. Services related to the Substantial Completion Inspection shall be
provided in writing and pictures to the COUNTY Project Manager for the Project.
1.8 Final Completion Inspection
Upon the request of the CONSULTANT and concurrence of the COUNTY Project
Manager, the CONSULTANT will conduct final inspections of portions of the project, as
they are finished to determine if construction has been completed in accordance with the
contract documents and the construction contractor has fulfilled obligations therein. Based
on the results of the final inspection, the EOR, COUNTY Project Manager, and the
CONSULTANT will judge the work complete or not complete. If the work is judged
complete,the CONSULTANT will issue a"notice of final acceptance and recommendation
for final payment". If the work is judged not complete, the CONSULTANT will issue
written instructions to the construction contractor identifying the work judged not
complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will
be scheduled to verify that the outstanding issues have been resolved and the
CONSULTANT can issue a "notice of final acceptance and recommendation for final
payment". Services related to the Final Completion Inspection shall be provided to the
COUNTY Project Manager of the project.
Page 4 of 13
Page 3215 of 3580
1.9 Final Construction Certification
Upon issuance of a"notice of final acceptance and recommendation for final payment"the
CONSULTANT will provide a signed and sealed certification statement by a professional
engineer indicating that, based on field observations made and the As-built Survey
prepared by a licensed PSM in the state of Florida provided by the contractor, the work
appears to have been performed in reasonable conformance with the contract documents
as amended by the Engineer of Record. Services related to the Final Construction
Certification shall be provided to the COUNTY Project Manager.
Task 1.0 Deliverables:
The following deliverables will be provided per the statement of work herein by the
CONSULTANT to the COUNTY, as applicable:
Issue Resolution Log in .pdf format
Daily Logs and Photograph files, via email in .pdf format
Construction Progress Meeting Agendas and Meeting Minutes.pdf format
Substantial Completion Inspection Punch List in .pdf format
Notice of Final Acceptance and Recommendation for Final Payment" letter in .pdf
format
Final Construction Certification digitally signed and sealed in .pdf format or in paper
copy format if requested by COUNTY.
2.0 Phase 1 Construction Inspector and Project Oversight
2.1 General Management and Oversight
The CONSULTANT will provide support services customarily related to the construction
observation and inspection of similar projects including, but not limited to the following:
a. Participate in a pre-construction meeting with the COUNTY Project Manager,
EOR, and the general contractor.
b. Participate in other meetings as described or implied herein.
c. Review and verify correctness of the construction contractor's monthly
applications for payment and accompanying data and recommend approval of
payments due to the construction contractor. The CONSULTANT's recommendation
of payment requested in an application for payment shall constitute a representation by
the CONSULTANT to the COUNTY Project Manager as an experienced and qualified
professional, that based on Construction Inspector's onsite observations and
inspections of construction in progress, that the construction quantities in the
applications for payment accurately reflect the progress of the work and that the work
is constructed in accordance with the contract documents. The CONSULTANT will
process pay requests in accordance with the Florida Prompt Payment Act.All incoming
pay requests processed by the CONSULTANT shall be mechanically or electronically
stamped with the date received.
Page 5 of 13
Page 3216 of 3580
d. The CONSULTANT will review the monthly updates to the construction schedule
prepared by the construction contractor and provide written comments to the COUNTY
Project Manager and EOR.
e. The Construction Inspector will provide such field testing and verification that
materials, equipment and supplies installed or utilized on the Project are in full
accordance with the contract documents and approved shop drawings provided by the
EOR.
f. Within one week after the construction contractor notifies the EOR and the
COUNTY Project Manager that the Work on the Project is substantially complete in
accordance with the contract documents,the CONSULTANT will provide certification
that the Work was done in reasonable accordance with the contract documents,
including approved shop drawings and change orders except as noted.
2.2 Coordination of Shop Drawings, Contract Interpretations and Clarifications
The CONSULTANT will coordinate with the design engineer (EOR) regarding the
issuance of interpretations and clarifications of contract documents during construction.
The Design Engineer (EOR) shall be responsible for technical review and decisions
regarding interpretation and clarification of contract documents.The CONSULTANT shall
coordinate the Design Engineer's (EOR) decisions and responses with the construction
contractor.
2.3 Monitor Project Records
The CONSULTANT shall monitor required Project records, including but not limited to
delivery schedules, inventories and construction reports.
2.4 As Constructed Field Drawings
The CONSULTANT shall maintain red pencil "mark-up" notations and sketches on full
size construction plans that reflect the actual details of constructed facilities. These
Constructed Field Drawings will be used by the CONSULTANT to validate the"As Built"
documentation provided by the construction contractor. The CONSULTANT will notify
the COUNTY Project Manager, EOR and the construction contractor of any differences in
the documents maintained by the general contractor and the CONSULTANT on a weekly
basis for resolution by the EOR.
2.5 Start-up and Re-commissioning Support
The CONSULTANT will assist the COUNTY Project Manager, the EOR, and the
construction contractor during start-up of each phase of construction to assist the EOR and
COUNTY Project Manager, including but not limited to providing information from
construction observation for signing off on regulatory permits and other general
coordination between the EOR, COUNTY Project Manager, and construction contractor.
2.6 Asset Management Information
The CONSULTANT will provide asset management information of the constructed
infrastructure in a format specified by COUNTY.
Page 6 of 13
Page 3217 of 3580
Task 2.0 Deliverables:
The following deliverables will be provided per the statement of work herein by the
CONSULTANT to the COUNTY, as applicable:
Pay Application Reviews in .pdf format
Shop Drawing Tracking Logs in .pdf format
Request for Additional Information Tracking Logs in .pdf format
As Constructed Field Drawings in .pdf format and one (1) final paper original if
requested by COUNTY
Applicable information of material, delivery tickets, equipment, and/or field testing
results in .pdf format
3.0 Phase 1 Additional Services
In accordance with the contract or purchase order, in the event that other services may arise
during the course of the work, but were not envisioned as part of the original or amended
scope of work; CONSULTANT shall submit a proposal to perform Additional Services
prior to the performance of the work.The proposal shall include the specific services to be
performed, time to complete, compensation, and an explanation as to why the additional
CEI Services for the Pelican Bay Sidewalk Improvements Project were not previously
envisioned as part of the scope of work. The proposed Additional Services must be
approved by the COUNTY Project Manager in writing in advance of performance of said
Additional Services. Written authorization from the COUNTY Project Manager will be
required for any charges that exceed the predetermined upper limit.
Current Additional Services are as follows:
3.1 Arborist Construction Observation Support Services
The CONSULTANT will provide COUNTY with a certified arborist for construction
observation assessment services during construction, as requested by COUNTY.
CONSULTANT will coordinate with COUNTY to obtain project information as necessary
for preparing an existing tree assessment or installation of root barriers to comply with the
project design and specifications. At the request of the COUNTY, the CONSULTANT
may attend meetings with COUNTY staff to present the existing tree condition findings
and recommendations. Documentation of recommendations and construction observations
will be provided to COUNTY, via email, within twenty-four (24) hours or COUNTY
requested site visit(s). This scope of services assumes up to seventy-five (75) hours of
certified arborist support for the duration of Phase 1 construction.
Task 3.1 Deliverables:
The following deliverables will be provided per the statement of work herein by the
CONSULTANT to the COUNTY, as applicable:
Page 7 of 13
Page 3218 of 3580
Documentation of recommendations and construction observations will be provided to
COUNTY,via email,within twenty-four(24)hours or COUNTY requested site visit(s)
4.0 Phase 2 Construction Observation and Documentation
The CONSULTANT will provide the services outlined below:
4.1 Construction/Testing Observation
The CONSULTANT will conduct on-site observations and inspections of
construction/testing activities on the project with one (1) inspector on a full-time basis
unless directed otherwise by the COUNTY Project Manager to document that work is
completed in accordance with the contract documents. The CONSULTANT will inform
the COUNTY Project Manager and the on-site superintendent of the construction/testing
contractor of any concerns related to conformance of the work with the contract documents
a concern or an issue) as an attempt to resolve concern or issue on-site. If the concern or
issue is not immediately resolved in the field, the CONSULTANT shall inform the
CONSULTANT and the COUNTY Project Manager in writing about the concern or issue
within eight(8) business hours, but not more than one (1) business day after the discovery
of any concern or issue.The EOR will be responsible for investigating the concern or issue
and resolving the same through a written directive to the construction contractor and so
inform the COUNTY Project Manager and the CONSULTANT in writing. This protocol
will be initiated any time the CONSULTANT becomes aware of any construction that is
unsatisfactory, faulty or defective, does not conform to the contract documents, does not
meet the requirements of any inspections, tests or approval required to be made, or has
been damaged before final payment. The CONSULTANT will maintain a separate issue
resolution log documenting any issue or concern that is conveyed in writing to the EOR,
including the written directive resolving the issue or concern.
4.2 Log and Construction Documentation
The CONSULTANT will prepare a daily log with pictures recording activities and details
related to the work on a form approved in advance by the COUNTY Project Manager.
Information will be recorded in the log when at the project site. Log entries will record
relevant aspects of the construction observed while on site including, but not limited to:
construction crew (labor) details, equipment used, materials used, compliance testing and
inspection performed, weather, temperature, site conditions, trench conditions, backfill
material used, dewatering methods, compaction methods, location of the work, and other
details related to the Work. The log will reference the digital photographs and or video
taken with appropriate file names and file locations. In addition to the construction details,
the daily log will contain information related to: time and hours on the job site, weather
conditions, data pertaining to questions of quantities of materials used, extras or
deductions, list of visiting officials and representatives of manufacturers, fabricators,
suppliers and distributors, observations in general and specific observations in more detail
as in observing test procedures, conformance inspection of materials and fittings, name
plate data for equipment and material installed, customer service field log, and other
information requested by the COUNTY Project Manager.Logs,photograph files and other
Page 8 of 13
cAc
Page 3219 of 3580
construction documentation will be provided to the COUNTY Project Manager by the
Construction Inspector on a bi-weekly basis in an electronic file via E-mail, on a digital
CD only if requested by the COUNTY Project Manager and a printed copy to be
maintained on the project site in the inspector's vehicle.
4.3 Photographic and Video Record
The CONSULTANT will provide a comprehensive digital photographic record of
construction activities related to the Project. The digital file names will be referenced in
the log along with a brief description of the photograph,the date and time of the photograph
and the name of the photographer. The digital files will be transferred via e-mail to the
COUNTY Project Manager on a bi-weekly basis, to a digital format if requested by the
COUNTY Project Manager and submitted on a bi-weekly basis along with the construction
documentation.The photographs may be electronic sent via e-mail to the COUNTY Project
Manager on a bi-weekly basis. If requested by the COUNTY Project Manager, pictures
will be printed in high resolution color,two captioned photos per 8 '/z"x 11"sheet,printed
one side only. The prints if requested will be provided to the COUNTY Project Manager
when needed. If requested by the COUNTY Project Manager, video will be provided in
digital format bi-weekly.
4.4 General Coordination
The CONSULTANT will coordinate activities related to the project between the
construction contractor, the EOR and the COUNTY Project Manager. The
CONSULTANT will oversee substantial and final completion inspections,and prepare and
maintain the punch list, including follow-up inspections to ensure that punch list items are
corrected and/or completed. Coordination may also include, at the COUNTY Project
Manager direction, coordination with the COUNTY Utilities Department for testing and
construction of required connections to existing facilities. The CONSULTANT will also
coordinate,as directed by the COUNTY Project Manager,with residents,business owners,
and the general public. The COUNTY reserves the right to remove any CONSULTANT
from a project at any time for failure to adhere to COUNTY policies and procedures.
4.5 Observe Regulatory Agency Inspections
The CONSULTANT will accompany visiting inspectors representing any regulatory
agencies having jurisdiction over the Project and will record discussions and the outcome
of these regulatory inspections in the logs. The CONSULTANT will always notify the
COUNTY Project Manager prior to any such inspections.
4.6 Construction Progress Meetings
The CONSULTANT will coordinate monthly progress meetings chaired by the COUNTY
Project Manager, attended by the construction contractor to review project status and
identify issues that may affect the Project. The CONSULTANT will prepare a DRAFT
Agenda at least two(2)business days in advance of each meeting and issue written meeting
notes identifying a summary of the discussion, conclusions and risks that have been
encountered or are expected within two(2)days after the meeting to the COUNTY Project
Manager, EOR, and the construction contractor.
Page 9 of 13
Page 3220 of 3580
4.7 Substantial Completion Inspections
The CONSULTANT will conduct substantial completion inspections when requested by
the construction contractor and the COUNTY or EOR recommends that the work is
sufficiently complete to warrant a substantial completion inspection.During the substantial
completion inspection, the CONSULTANT will prepare a punch list of items requiring
completion or correction to the satisfaction of the EOR and the COUNTY Project Manager.
CONSULTANT will be responsible for maintaining the punch-list and issuing updates to
the punch-list on a weekly basis. The CONSULTANT will coordinate and participate in
the final walk-through. Services related to the Substantial Completion Inspection shall be
provided in writing and pictures to the COUNTY Project Manager for the Project.
4.8 Final Completion Inspection
Upon the request of the CONSULTANT and concurrence of the COUNTY Project
Manager, the CONSULTANT will conduct final inspections of portions of the project, as
they are finished to determine if construction has been completed in accordance with the
contract documents and the construction contractor has fulfilled obligations therein.Based
on the results of the final inspection, the EOR, COUNTY Project Manager, and the
CONSULTANT will judge the work complete or not complete. If the work is judged
complete,the CONSULTANT will issue a"notice of final acceptance and recommendation
for final payment". If the work is judged not complete, the CONSULTANT will issue
written instructions to the construction contractor identifying the work judged not
complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will
be scheduled to verify that the outstanding issues have been resolved and the
CONSULTANT can issue a "notice of final acceptance and recommendation for final
payment". Services related to the Final Completion Inspection shall be provided to the
COUNTY Project Manager of the project.
4.9 Final Construction Certification
Upon issuance of a"notice of final acceptance and recommendation for final payment"the
CONSULTANT will provide a signed and sealed certification statement by a professional
engineer indicating that, based on field observations made and the As-built Survey
prepared by a licensed PSM in the state of Florida provided by the contractor, the work
appears to have been performed in reasonable conformance with the contract documents
as amended by the Engineer of Record. Services related to the Final Construction
Certification shall be provided to the COUNTY Project Manager.
Task 4.0 Deliverables:
The following deliverables will be provided per the statement of work herein by the
CONSULTANT to the COUNTY, as applicable:
Issue Resolution Log in .pdf format
Daily Logs and Photograph files, via email in .pdf format
Construction Progress Meeting Agendas and Meeting Minutes.pdf format
Substantial Completion Inspection Punch List in .pdf format
Page 10 of 13
CAO
Page 3221 of 3580
Notice of Final Acceptance and Recommendation for Final Payment" letter in .pdf
format
Final Construction Certification digitally signed and sealed in .pdf format or in paper
copy format if requested by COUNTY.
5.0 Phase 2 Construction Inspector and Project Oversight
5.1 General Management and Oversight
The CONSULTANT will provide support services customarily related to the construction
observation and inspection of similar projects including, but not limited to the following:
a. Participate in a pre-construction meeting with the COUNTY Project Manager,
EOR, and the general contractor.
b. Participate in other meetings as described or implied herein.
c. Review and verify correctness of the construction contractor's monthly
applications for payment and accompanying data and recommend approval of
payments due to the construction contractor. The CONSULTANT's recommendation
of payment requested in an application for payment shall constitute a representation by
the CONSULTANT to the COUNTY Project Manager as an experienced and qualified
professional, that based on Construction Inspector's onsite observations and
inspections of construction in progress, that the construction quantities in the
applications for payment accurately reflect the progress of the work and that the work
is constructed in accordance with the contract documents. The CONSULTANT will
process pay requests in accordance with the Florida Prompt Payment Act.All incoming
pay requests processed by the CONSULTANT shall be mechanically or electronically
stamped with the date received.
d. The CONSULTANT will review the monthly updates to the construction schedule
prepared by the construction contractor and provide written comments to the COUNTY
Project Manager and EOR.
e. The CONSULTANT will provide such field testing and verification that materials,
equipment and supplies installed or utilized on the Project are in full accordance with
the contract documents and approved shop drawings provided by the EOR.
f. Within one week after the construction contractor notifies the EOR and the
COUNTY Project Manager that the Work on the Project is substantially complete in
accordance with the contract documents,the CONSULTANT will provide certification
that the Work was done in reasonable accordance with the contract documents,
including approved shop drawings and change orders except as noted.
5.2 Coordination of Shop Drawings, Contract Interpretations and Clarifications
The CONSULTANT will coordinate with the design engineer (EOR) regarding the
issuance of interpretations and clarifications of contract documents during construction.
The Design Engineer (EOR) shall be responsible for technical review and decisions
regarding interpretation and clarification of contract documents.The CONSULTANT shall
coordinate the Design Engineer's (EOR) decisions and responses with the construction
contractor.
Page 11 of 13
Page 3222 of 3580
5.3 Monitor Project Records
The CONSULTANT shall monitor required Project records, including but not limited to
delivery schedules, inventories and construction reports.
5.4 As Constructed Field Drawings
The CONSULTANT shall maintain red pencil "mark-up" notations and sketches on full
size construction plans that reflect the actual details of constructed facilities. These
Constructed Field Drawings will be used by the CONSULTANT to validate the"As Built"
documentation provided by the construction contractor. The CONSULTANT will notify
the COUNTY Project Manager, EOR and the construction contractor of any differences in
the documents maintained by the general contractor and the CONSULTANT on a weekly
basis for resolution by the EOR.
5.5 Start-up and Re-commissioning Support
The CONSULTANT will assist the COUNTY Project Manager, the EOR, and the
construction contractor during start-up of each phase of construction to assist the EOR and
COUNTY Project Manager, including but not limited to providing information from
construction observation for signing off on regulatory permits and other general
coordination between the EOR, COUNTY Project Manager, and construction contractor.
5.6 Asset Management Information
The CONSULTANT will provide asset management information of the constructed
infrastructure in a format specified by Collier COUNTY.
Task 5.0 Deliverables:
The following deliverables will be provided per the statement of work herein by the
CONSULTANT to the COUNTY, as applicable:
Pay Application Reviews in .pdf format
Shop Drawing Tracking Logs in .pdf format
Request for Additional Information Tracking Logs in .pdf format
As Constructed Field Drawings in .pdf format and one (1) final paper original if
requested by COUNTY
Applicable information of material, equipment, and/or field testing results in .pdf
format
6.0 Phase 2 Additional Services
In accordance with the contract or purchase order,in the event that other services may arise
during the course of the work, but were not envisioned as part of the original or amended
scope of work; CONSULTANT shall submit a proposal to perform Additional Services
prior to the performance of the work.The proposal shall include the specific services to be
performed, time to complete, compensation, and an explanation as to why the additional
CEI Services for the Pelican Bay Sidewalk Improvements Project were not previously
envisioned as part of the scope of work. The proposed Additional Services must be
approved by the COUNTY Project Manager in writing in advance of performance of said
Page 12 of 13
Page 3223 of 3580
Additional Services. Written authorization from the COUNTY Project Manager will be
required for any charges that exceed the predetermined upper limit.
Current Additional Services are as follows:
6.1 Arborist Construction Observation Support Services
The CONSULTANT will provide COUNTY with a certified arborist for construction
observation assessment services during construction, as requested by COUNTY.
CONSULTANT will coordinate with COUNTY to obtain project information as necessary
for preparing an existing tree assessment or installation of root barriers to comply with the
project design and specifications. Documentation of recommendations and construction
observations will be provided to COUNTY, via email, within twenty-four (24) hours or
COUNTY requested site visit(s). This scope of services assumes up to two hundred (200)
hours of certified arborist support for the duration of Phase 2 construction.
Task 6.1 Deliverables:
The following deliverables will be provided per the statement of work herein by the
CONSULTANT to the COUNTY, as applicable:
Documentation of recommendations and construction observations will be provided to
COUNTY,via email,within twenty-four(24)hours or COUNTY requested site visit(s)
Page 13 of 13
Page 3224 of 3580
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.
Taskslltem Description Lump Sum Time and
Materials
Not-To-
Exceed
1 Phase 1 Construction Observation & Documentation $ 101,640.00
2 Phase 1 Construction Inspector& Project Oversight $ 41,588.00
3 Phase 1 Additional Services 9,075.00
4 Phase 2 Construction Observation & Documentation $ 358,050.00
5 Phase 2 Construction Inspector& Project Oversight $ 238,088.00
6 Phase 2 Additional Services 24,530.00
Total Lump Sum Fee
Total Time and Materials Fee 772,971.00
GRAND TOTAL FEE 772,971.00
Page 19 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3225 of 3580
B.2.2. III*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.
8.2.3. *
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.
Page 20 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3226 of 3580
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall
be deemed of the essence with respect to the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a
maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in
the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the
following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals, all
in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY,
may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses,
except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
Page 21 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3227 of 3580
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 22 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3228 of 3580
SCHEDULE B — ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal 238
Senior Project Manager 201
Project Manager 165
Senior Engineer 175
Engineer 136
Senior Inspector 117
Inspector 96
Senior Planner 164
Planner 130
Senior Designer 128
Designer 109
Environmental Specialist 120
Senior Environmental Specialist 156
Scientist/Geologist 115
Senior Scientist/Geologist 156
Marine Biologist/Hydrogeologist 133
Senior Marine Biologist/Hydrogeologist 169
Senior GIS Specialist 149
GIS Specialist 114
Clerical/Administrative 73
Senior Technician 102
Technician 83
Surveyor and Mapper 142
CADD Technician 95
Survey Crew - 2 man 152
Survey Crew - 3 man 185
Survey Crew -4 man 218
Senior Architect 154
Architect 121
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment
upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects,
the above hourly rates are for purposes of providing estimate(s), as required by the grantor
agency.
Page 23 of 32
PSA_CCNA Single Project Agreement_Ver.4
S
Page 3229 of 3580
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
Task/Item
For Completion of Task
Description
from Date of Notice to
Proceed
1 Phase 1 Construction Observation & 260
Documentation
2 Phase 1 Construction Inspector & Project 260
Oversight
3 Phase 1 Additional Services 260
4 Phase 2 Construction Observation & 1,095
Documentation
5 Phase 2 Construction Inspector & Project 1,095
Oversight
6 Phase 2 Additional Services 1,095
Page 24 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3230 of 3580
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.
Page 25 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3231 of 3580
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverages purchased or the insurance company or companies used. The decision of the
COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? Yes I I No
Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance
shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a
minimum limit of$ 1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? n Yes No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? n Yes No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? ICI Yes I I No
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Page 26 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3232 of 3580
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance by
the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $ 1,000,000 Per Occurrence,
2,000,000 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? n Yes n No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? Yes No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? n Yes U No
Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The
ownership.
Page 27 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3233 of 3580
18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? n Yes No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? n Yes n No
Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence.
20. UMBRELLA LIABILITY.
A. Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
B. The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? Yes n No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer. In the event
Page 28 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3234 of 3580
of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and
any endorsements issued or to be issued on the policy if requested by the COUNTY.
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY
and the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a
renewal occurs during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that any such
credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY
and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the
provision of project-specific professional liability insurance policy in consideration for a reduction
in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
Page 29 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3235 of 3580
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Johnson Engineering, Inc.company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement,
concerning "CEI Services for Pelican Bay Sidewalk Improvements
project"
is accurate, complete and current as of the time of contracting.
LE: P,P6). /cam/T
DATE: 2ZA.PR 2a2
Page 30 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3236 of 3580
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage
of Time
Ryan Bell, P.E., PTOE Principal 1
Josh Hildebrand, P.E., PTOE Project Manager 20
Vee Lofton Project Manager 20
Mark Lerch, RLA Architect 4
Erin Hinklin Inspector 100
Kathy Hanagan Clerical/Administrative 5
Jennifer Chrovian Clerical/Administrative 5
Page 31 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3237 of 3580
SCHEDULE G
Other:
Description)
following this page (pages through _)
0 this schedule is not applicable
Page 32 of 32
PSA_CCNA Single Project Agreement_Ver.4
Page 3238 of 3580
JOHNENG-01 BBROWN
AC`J E, CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDIYYYY)
4/22/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER NAME:
JCJ Insurance Agency,LLC A//C,Nno,Ext):(321)445-1117 I j,vc,No):(321)445-1076
2208 Hillcrest Street E-MAIL nli
Orlando,FL 32803 ADDRESS:CertS C-insurance.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Berkley Insurance Company 32603
INSURED INSURER B:
Johnson Engineering,Inc. INSURER C:
2122 Johnson St.INSURER D:
Fort Myers,FL 33901 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE
ADDL SUBR
NI POLICY NUMBER
POLICY EFF POLICY EXP LIMITS
LTR IN SD VD IMM/DD/YYYY) IMM/DD/YYYYI
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
CLAIMS-MADE OCCUR
DAMAGE
PREMISES
O(
Ea occu
RENTED
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY JERCOT- LOC PRODUCTS-COMP/OP AGG $
OTHER:
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY Ea accident)
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
HIRED NONWNED
PROPERTY DAMAGE
AUTOS ONLY _ AUTOSONLY
Per accident)
UMBRELLA LIAB _ OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION$
PER OTH-
ANDWORKERSCOMPENSATIONEMPLOYERS'STATUTE ER
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? N/A
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Professional Liab AEC-9039448-05 9/15/2020 9/15/2021 Per Claim 2,000,000
A Pollution Liab AEC-9039448-05 9/15/2020 9/15/2021 Aggregate 2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE:Contract No.20-7817-CEI Services for Pelican Bay Sidewalk Improvements.30 Day Notice of Cancellation,except for 10 days for non-payment.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Trail East
Naples,FL 34112
AUTHORIZED REPRESENTATIVE
0,4a,/
ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 3239 of 3580
ACCORD® CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
4/22/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT Yaritza SotoPRODUCERNAME:
BKS Partners PHONE 239-931-3021 FA
P.O. Box 60043
E C,No):239-931-5604A/c.No.Extr
Fort Myers FL 33906-6043 ADDRESS: yaritza.sotona,bks-partners.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:American Cas Co of Reading PA 20427
INSURED
JOHNS05
INSURER B:Continental Insurance Company 35289
Johnson Engineering, Inc.
PO Box 2112
INSURER c:Valley Forge Insurance Co. 20508
Fort Myers FL 33902-2112 INSURER D:Continental Casualty Company 20443
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:260066102 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADDL SUBR POLICY EFF POLICY EXP
INSRLTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY) (MM/DDIYYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY Y 4027219232 9/15/2020 9/15/2021 EACH OCCURRENCE 1,000,000
DAMAGE TO RENTED
100,000
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $
MED EXP(Any one person) $15,000
X XCU
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $2,000,000
OTHER:
D AUTOMOBILE LIABILITY Y 5084100207 9/15/2020 9/15/2021
COMBINED SINGLE LIMIT $1,000,000
Ea accident)
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED
X
NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accideni)
X PIP
PIP 10,000
B X UMBRELLA LIAB X OCCUR 4034928401 9/15/2020 9/15/2021 EACH OCCURRENCE 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000
DED X RETENTION$in nnn
C WORKERS COMPENSATION WC434939852 9/24/2020 9/24/2021 X STATUTEER
OTH_
AND EMPLOYERS'LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000
OFFICER/MEMBEREXCLUDED?
N N/A
Mandatory in NH)
E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below
E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
PROJECT:Contract No.20-7817-CEI Services for Pelican Bay Sidewalk Improvements
Collier County Board of County Commissioners is included as additional insured with respect to general liability on a primary and noncontributory basis,as perendorsementCNA75079XXandadditionalinsuredontheautopolicyperformCA2028.30 days notice of cancellation applies except 10 days for nonpayment.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Commissioners
3295 Tamiami Trail East, Bldg. C-2 AUTHORIZED REPRESENTATIVE
Naples FL 34112
G/—
l—
1/ Wk4
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Page 3240 of 3580
CNA
Business Auto Policy
Policy Endorsement
IDESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability
Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter
coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: JOHNSON ENGINEERING, INC.
Endorsement Effective Date: 09/15/2020
SCHEDULE
Name Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE
WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED,BUT ONLY WITH RESPECT
TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON/ORGANIZATION FOR WHOM
LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor
Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers
Coverage Form.
Form No: CA 20 48 10 13 Policy No: BUA 5084100207
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 09/15/2020
Endorsement No: 6; Page: 1 of 1 Policy Page: 63 of 270
Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606
Copyright Insurance Services Office, Inc., 2011
Page 3241 of 3580
CNA
CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037; or
B. additional insured coverage with "arising out of language; or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract; or
B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage,or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities;or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to
BEE add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX(10-16) Policy No: 4027219232
Page 1 of 2 Endorsement No: s
AMERICAN CASUALTY CO OF READING,PA Effective Date: 09/15/2020
Insured Name: JOHNSON ENGINEERING, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Page 3242 of 3580
CNA
CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written
contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation,
defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or
self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However,
if the written contract requires this insurance to be primary and non-contributory,this paragraph 3. does not
apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and
B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75079XX(10-16) Policy No: 4027219232
Page 2 of 2 Endorsement No: 8
AMERICAN CASUALTY CO OF READING,PA Effective Date: 09/15/2020
Insured Name: JOHNSON ENGINEERING, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Page 3243 of 3580