#23-8060 (O.Grady Minor and Associates) PROFESSIONAL SERVICES AGREEMENT
Contract# 23-8060
for
LI Design Services for MPS 309 Force Main to Western Interconnect
THIS AGREEMENT is made and entered into this ,'1 day of 1 Jc4)e)n bri , 20 23 by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "COUNTY") and
Q. Grady Minor and Associates, P.A. authorized to
do business in the State of Florida, whose business address is
3800 Via Del Rey, Bonita Springs, Florida 34134 (hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESS ETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Design Services for MPS 309 Force Main to Western Interconnect
(hereinafter referred to as the "Project"), said services in
accordance with the provisions of Section 287.055, Florida Statutes being more fully described in
Schedule A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and;
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANTS RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to
which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of
Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the
COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation",
which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
Page 1 o130
PSA_CCNA Single Project Agreement[2022_ver.1]
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 Justin Frederiksen, P.E. 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:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(&,colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
Page 2 0130
PSA_CCNA Single Project Agreement[2022_ver.1]
CAO
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public records
to the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify
the County in writing. Failure by the Contractor to comply with the laws referenced herein shall
constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate
this Agreement immediately.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY
of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution
of each such conflict. The COUNTYS approval of the design documents in no way relieves
CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful
construction of the Project.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for
the following: Tasks not completed within the expressed time frame, including required deliverables,
incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements
and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to
the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make
sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to
correct the deficiency within the specified timeframe, these funds would be forfeited by the
CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or
items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance
whether or not the COUNTY obtained substitute performance.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY's prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall
require all of its employees, agents, subconsultants and subcontractors to comply with the provisions
of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such
subpoenas.
Page 3 0130
PSA_CCNA Single Project Agreement[2022_ver.1]
CAC
1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the
Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either
reference specific established Survey Monumentation, such as Certified Section Corners (Half or
Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time
Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming
conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), and adhere to
industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed
in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services
shall be set forth in the Change Order or Amendment authorizing those Additional Services. With
respect to the individuals with authority to authorize Additional Services under this Agreement, such
authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at
the time such services are authorized. These services will be paid for by the COUNTY as indicated
in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via a Change Order or an Amendment to this Agreement prior
to starting such services. The COUNTY will not be responsible for the costs of Additional Services
commenced without such express prior written approval. Failure to obtain such prior written approval
for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of
the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change
in the Agreement is required because of the action taken by CONSULTANT in response to an
emergency, an Amendment shall be issued to document the consequences of the changes or
variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency
within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence.
Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right
it otherwise may have had to seek an adjustment to its compensation or time of performance under
this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic
Services, shall be Additional Services:
2.1.1 Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or advances
in connection with the Project.
2.1.2 Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably
anticipated prior to the preparation of such studies, reports or documents, or are due to any other
causes beyond CONSULTANT's control and fault.
2.1.3 Providing renderings or models for the COUNTY's use.
Page 4 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
CAO
2.1.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting the
COUNTY in obtaining such process licensing.
2.1.5 Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT
and directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the
Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's
representative with respect to the services to be rendered under this Agreement (hereinafter referred
to as the "Project Manager"). The Project Manager shall have authority to transmit instructions,
receive information, interpret and define the COUNTY's policies and decisions with respect to
CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue
any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be
interpreted to have the effect, of modifying or changing in any way whatever:
a. The scope of services to be provided and performed by the CONSULTANT hereunder;
b. The time the CONSULTANT is obligated to commence and complete all such services; or
c. The amount of compensation the COUNTY is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a. Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in accordance
with this Agreement;
b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's
requirements for the Project, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and any budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's
disposal all available information in the COUNTY's possession pertinent to the Project,
including existing drawings, specifications, shop drawings, product literature, previous
reports and any other data relative to the Project;
Page 5 0l'30
PSA_CCNA Single Project Agreement[2022_ver.l
TTA
d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site
to perform the services to be provided by CONSULTANT under this Agreement; and
e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY
with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution
of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion
of the Project and shall be performed and completed in accordance with the Project Milestone
Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect
to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs,
then CONSULTANT shall notify the COUNTY in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension for that specific
delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or
give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's
sole remedy against the COUNTY will be the right to seek an extension of time to its schedule
provided, however, the granting of any such time extension shall not be a condition precedent to the
aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for
early completion, as well as claims based on late completion. Provided, however, if through no fault
or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of
180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those
services that have not yet been performed, to reflect the incremental increase in costs experienced
by CONSULTANT, if any, as a result of such delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes
performance of its obligations hereunder in such a manner so as to reasonably establish to the
COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be
deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or
any other damages hereunder.
Page 6 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
CAO
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee,
reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material
invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's
Project Manager before payment for the fixed price contract is authorized.
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time
spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark-up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements would
most likely change. As a general business practice, these contracts include back-up documentation
of costs; invoices would include number of hours worked and billing rate by position (and not company
(or subcontractor) timekeeping or payroll records), material or equipment invoices, and other
reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply
only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1
above.
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.
Patle 7 o f 30
PSA_CCNA Single Project Agreement[2022_ver.l]
CAO
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for
a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
Project is completed, whichever is later, or such later date as may be required by law. The COUNTY,
or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right
to audit, inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
8.2. To the extent that the Agreement that the work pertains to a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein
shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Board of County Commissioners,
OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an
additional insured as to the operations of CONSULTANT under this Agreement and shall
contain a severability of interests' provisions.
Page 8 0130
PSA_CCNA Single Project Agreement[2022_ver.1]
CAO
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the
COUNTY for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by the COUNTY applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf
of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by the
COUNTY, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of"Class VI" or
higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall,
however, be construed as constituting an agreement between the COUNTY and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the COUNTY beyond such as may then otherwise exist
without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the
Project to perform the Services required hereunder. Such personnel shall be committed to this Project
in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall
not be removed or replaced without the COUNTY's prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to
be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the
Page 9 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
CAO
CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement,
assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and
protect the rights of the COUNTY under this Agreement with respect to the Services to be performed
by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not
prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or
subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between the
COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at
the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims,
except for insurance company subrogation claims, by it against the COUNTY arising out of this
Agreement or otherwise related to the Project, and except those previously made in writing in
accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time
of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the
COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set
forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services
under the Agreement within the times specified under the Notice(s)to Proceed, or(b) CONSULTANT's
failure to properly and timely perform the services to be provided hereunder or as directed by the
COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's
failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's
failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just
cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable,
or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to
be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies
against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.3, below.
12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination
for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of
Page 10 o1'30
PSA_CCNA Single Project Agreement[2022_ver.I]
0
the fee earned through the date of termination, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including,
but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT
must mitigate all such costs to the greatest extent reasonably possible.
12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth and
described in this Agreement, including those described in Article 6, that are in CONSULTANT's
possession or under its control.
12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided
by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of
such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the
CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in
accordance with the procedures set forth in Article Four herein.
12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by
the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after giving
THE COUNTY a second fourteen (14) days written notice of CONSULTANT'S intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or
subcontractor or their agents or employees or any other persons performing portions of the Services
under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving
written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY
does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice,
CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the
Agreement and recover from the COUNTY payment for Services performed through the termination
date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any
other damages from the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated
herein as Schedule E, certifying that wage rates and other factual unit costs supporting the
compensation for CONSULTANT's services to be provided under this Agreement are accurate,
complete and current at the time of the Agreement. The CONSULTANT agrees that the original
Page 11 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which
the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such adjustments shall be made within one (1)
year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following the
COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Engineering & Project Management Division
Division Director: Matthew McLean
Address: 3339 Tamiami Trail East, Suite 303
Naples, Florida 34112-5361
Administrative Agent/PM: Damian Cuadrado
Telephone: (239) 252-5377
E-Mail(s): Damian.Cuadrado@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: Q. Grady Minor and Associates, P.A.
Address: 3800 Via Del Rey
Bonita Springs, FL 34134
Pase 12 or30
PSA CCNA Single Project Agreement[2022_ver.li
CAO
Attention Name & Title: Mark W. Minor, President/Justin Frederiksen, P.E
Telephone: (239) 947-1144
E-Mail(s): Mminor(a gradyminor.com /jfrederiksen@gradyminor.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY
and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: N/A
Solicitation # 23-8060 , including all Attachment(s), Exhibit(s) & Addendum
Consultant's Proposal
Page 13 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
. C_1
17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board
approved Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents
cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the
conflict shall be resolved by imposing the more strict or costly obligation under the Contract
Documents upon the CONSULTANT at the COUNTY's discretion.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to services funded
by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto
and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude
any sums by which the COUNTY determines the compensation was increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes
which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
Page 14 01'30
PSA_CCNA Single Project Agreement[2022_ver.1]
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
decision-making authority and by the COUNTY's staff person who would make the presentation of
any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior
to the commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by
representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff
person who would make the presentation of any settlement reached at mediation to the COUNTY's
board for approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
20.2. Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE TWENTY-ONE
IMMIGRATION LAW COMPLIANCE
21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended, as well as the Florida state law requirements set forth
in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with
the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall
have the discretion to unilaterally terminate this Agreement immediately.
[Signature page to follow this page]
******Remainder of page intentionally left blank******
Page 15 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
By By:
Attest as to hairman's Rick LoCastro
Date: i � 3 •signature only. , Chairman
prov ito Fr ad Legality:
County Attorney
e#tf !2 -7;; t--a-
Name
Consultant:
Consultant's Wi Q. Grady Minor and Associates, P.A.
By:
Javier
arti z- Project Coordinator Justin A. Frederiksen, P.E. -Vice President
Name and Title Name and Title
Witness
Allyson Holland. P.E. - Project Manager
Name and Title
Page 16 of 30
PSA_CCNA Single Project Agreement ROM va,lI
AO
SCHEDULE A
SCOPE OF SERVICES
1 12
following this page (pages through )
Page 17 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
CAC
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
Schedule A
Scope of Services
TASK 1 —PRELIMINARY ENGINEERING
In order to understand the existing infrastructure, the proposed infrastructure improvements, associated
costs, and likely neighborhood concerns associated with the Project, Task 1 of the Project will include the
gathering of data and the review of existing data, specifically the preliminary design report prepared by
AECOM (Basis of Design) to confirm/develop a final project plan such that Final Design can begin. In
general,this Task includes the following:
TASK 1.1 —Project Start-up
a. Kick-Off Meeting — Consultant will organize a kick-off meeting with County staff to review the
project scope, project objectives/goals, project standards and project schedule for completing the
work, this effort will also include the review of funding from available sources. Consultant will
prepare a project agenda and written meeting minutes summarizing the discussion and project
action plan.
b. Project Timeline—Consultant will prepare an initial project timeline and submit to County staff at
the Kick-Off Meeting. Consultant will update the schedule throughout the duration of the project
and shall provide a copy of the updated schedule to County staff.
c. Keep the County informed on the Project progress.
d. Attend and assist County staff with progress meetings. A total of eighteen (18) meetings are
included with this proposal. Progress meeting notes will be prepared and distribute within two
days of the meeting.
e. Provide progress updates and status of the Project.
f. Public relations assistance including attending public information meetings with County staff, the
School District, correspondence/meetings with the Commissioner's office, the preparation of
graphics/exhibits.
g. Coordinate with 3rd party (County contracted) vendor for odor control monitoring at Master Pump
Station (MPS) 309.
h. Gather and review record drawings of existing utilities including stormwater components and
existing sidewalks along the project corridor.
i. Review existing recorded plats, easements, and right-of-ways(ROW)to analyze easements and/or
property boundaries to determine if it is anticipated that new easements will be required for the
proposed improvements.
Pagel of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
j. Review project area for Wetlands and Listed Species including preparation of Florida Land Use
Cover and Forms Classification System (FLUCFCS)map and preliminary survey for listed species
map.
k. Gather and review water,wastewater, irrigation quality, and stormwater master plans to determine
planned improvements.
1. Review available Utility Master Plans as it relates to the MPS 309 improvements or to the proposed
(In-line Pump Station) ILPS.
m. Review ROW, roadway, and driveway restoration and provide proposed typical details and cross
sections. Proposed typical sections will include anticipated future sidewalks where applicable.
n. Review standards and specifications to be used for the Project components designs and
construction, including known proposed deviations from County standard specifications and
details.
TASK 1.2—Hydraulic Data Review
a. Gather and review record drawings of existing utilities within the project corridor.
b. Obtain the existing hydraulic model (prepared by AECOM) used to assist in development of the
preliminary design report that recommended the proposed improvements to MPS 309 and for the
ILPS.
c. Review the hydraulic model/preliminary design report prepared by AECOM (Basis of Design).
d. Use the existing model to assist in final pump selection for the improvements to MPS 309, PS
309.09, or a replacement MPS 309 as well as to assist in pipe sizing and pump selection for the
proposed ILPS. To assist in this effort, the Consultant will perform the following:
1) Run steady state model simulations to review pump alternatives for both pump stations.
Although recommendations were included within the preliminary design report,final sizing
and pump alternatives should be considered and presented to the County for final selection.
2) Upon running scenarios with alternative pumps,the alternatives along with efficiencies and
estimated capital/operating costs will be presented to the County for consideration.
3) Meet with the County to review the alternatives for the County's ultimate selection of the
pumps for both stations.
TASK 1.3—Surveying Services
Surveying services for this task include the following:
a. Establish vertical and horizontal controls throughout project area. Elevations will be in NAVD
1988 Datum and Coordinates will be State Plane 83 for the Florida East Zone.The conversion from
NAVD 1988 to NGVD 29 will be clearly identified on each plan sheet.
Page 2 of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
b. Utilize Sunshine State One-Call System to determine the existing utilities within the Project area,
have the existing utilities located (if possible), and to determine utility ownership(water, irrigation
quality water, gas, electric, wastewater, etc.) prior to performing field survey efforts.
c. Complete a boundary and topographic survey from right-of-way to right-of-way, including
reviewing the easements (to be provided by Collier County), Plats, and/or property boundaries;
collecting and recording the limits of property or easement boundaries as well as the physical
location of the existing infrastructure components. The survey shall collect, but not be limited to,
the following items:
• Existing utilities, both above ground and below ground. Above ground utilities will be the
actual location. The below ground utilities will be collected by locating Sunshine 811
locates and soft dig investigations (as part of Task 1.5).
• Existing Stormwater Management pipes (size and type), swales, channels structures
• Existing driveways
• Existing trees
• Existing mailboxes
• Fencing/Bollards (conditions and sufficiency for future expansion)
• Landscaping(code considerations) and irrigation facilities
• Right of Way & Roadway Cross Sections every 50 feet
• County Utilities Easement boundaries
d. Perform a project walk through to ensure existing conditions are accurately depicted in the survey.
e. Assist the County with the acquisition of up to two(2) permanent utility easement. No real-estate or
legal services are included in this scope, nor compensation to the property owners.
f. Provide up to five(5)permanent and/or temporary construction easement sketch(es)and description(s)
for the County.
g. Submit two (2) full size and one (1) half size copies of the boundary and topographic survey to
County staff. Submit an AutoCAD file (dwg) of the boundary and topographic survey to County
staff. The boundary and topographic map shall include the latest aerial photography as a
background image.
TASK 1.4—Geotechnical Investigation
a. Perform soil borings within Project area to install the proposed force main along its alignment,
specifically where directional drilling of pressurized mains are proposed. As part of this task eleven
(11) Standard penetration tests (SPT) borings advanced to a depth of thirty (30) shall be completed.
As per the latest American Society for Testing and Materials (ASTM) International standards.
b. Prepare a complete geotechnical investigation report detailing soil conditions, water table
elevations, soil classifications, rock elevation and other items that will affect the construction.
Report shall also include recommendation from geotechnical engineer licensed in the State of
Page 3 of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
Florida on bedding material.
c. Submit two (2) signed and sealed reports to County staff.
TASK 1.5—Soft Dig Investigation
a. Meet with County staff on-site to review procedures to complete the soft dig investigations.
d. Excavate existing utilities within the project area to include, but not be limited to, horizontal and
vertical location of existing utility pipe,type of utility pipe, size of utility pipe,utility pipe material
and condition of existing pipe material. Consultant will call Sunshine One to have the existing
utilities located prior to performing the work. Soft dig investigations will be performed using an
air/vacuum method that will keep the disturbance to a minimum and shall not damage existing
facilities. Damage to the existing utility pipes shall be immediately repaired by a qualified
contractor at no extra cost to the County. As part of this task thirty(30)soft digs shall be completed.
b. Field mark existing utilities found either by wooden lathes or by marking on the pavement(by nail
&paint). Marks and laths data will be surveyed to memorialize the data.
c. Prepare photo log of all excavations.
d. Soft dig investigation will include repair of excavation holes in the natural ground to a condition
equal to or better than the original condition. In paved areas,the excavation hole will be filled with
flowable fill.
e. Consultant shall provide one (1) full size, one(1)half size plan and AutoCAD file(dwg format)of
the soft dig investigation in the project area to County staff.
TASK 1.6—Preliminary Plans and Engineering Report
Consultant shall prepare a Preliminary Engineering Report and 30% construction plans based on the
County approved preliminary engineering tasks above.
a. Prepare a Preliminary Engineering memorandum summarizing the following:
• Hydraulic modeling effort;
• Alternative route analysis;
• Pump station scenarios;
• Odor Control;
• Replacement of MPS 309.00 with a ILPS, including a review of the existing MPS 309 site
and existing generator structure for potential repurposing;
• Cost/benefit analysis on possible force main and pump station scenarios;
• Possible deviation requests from County Standards;
• Possible easements; and
• Required permitting.
b. Prepare 30% force main construction plans (plan view only) detailing the proposed running line
within the project area and possible alternate routes based on the Preliminary Engineering Report
Page 4 of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
findings. Plans will include
• Record drawings within the project area;
• Boundary and topographic survey;
• Soft dig investigation work;
• Pertinent geotechnical information; and
• Aerial photo in the background.
c. Prepare 30%construction plans detailing the improvements to MPS 309.
d. Prepare 30%construction plans detailing the proposed ILPS (if applicable).
e. Prepare 30%construction plans detailing improvements at PS 309.09 (if applicable).
f. Submit electronic copies of the 30% plan design drawings to the County (with hard copies if
desired).
g. Organize and conduct a review meeting with County staff to discuss the Preliminary Engineering
Report and construction plans. Revise report and plans as required to reflect the County's
comments.
h. Submit a phasing plan to County staff for review and approval. Construction Sequence Plan shall
include construction costs for each phase.
TASK 2: FINAL DESIGN
On the basis of the accepted 30% design plans, Consultant will prepare final drawings and specifications,
which provide the general scope, extent and character of the work to be constructed. Consultant will
prepare and submit drawings and specifications at the 60-, 90-and 100-percent complete stages for review
and approval. The anticipated improvements will include:
Task 2.1 Force Main Final Design
• Proposed force main plan and profile
Task 2.2 Master Pump Station 309 Upgrade/Replacement
This task includes the upgrade of the existing MPS 309 or a new ILPS near the existing MPS 309.
MPS 309 Upgrade:
• Replacement of the four (4) 1,000 gpm/76-ft TDH pumps with three (3) 2,500 gpm/128-ft TDH
primary pumps and one (1) 1,900 gpm/71-ft TDH jockey pump.
• Replacement of the suction and discharge piping.
• Removal of the existing 200KW generator and fuel tank from within the control building and
replacement with a new, larger 300KW generator and fuel tank to be located on the outside of the
control building.
• Addition of a pump out connect for a portable diesel driven pump.
• Replacement of the existing flow meter.
• Replacement of the existing fencing with an 8-ft masonry wall.
Page 5of12
Schedule A—Scope of Services
CAC
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
• Addition of HVAC to control building.
• Louver removal and infill of existing space.
• Electrical and Instrumentation improvements to accommodate the proposed improvements.
New ILPS(near MPS 309):
• In-line pumps
• Piping, valves and appurtenances
• Electrical building
• Diesel generator
• Site/Civil Improvements (fencing, landscaping and site)
Task 2.3 In-Line Pump Station (ILPS)
This task includes the design of an ILPS near Livingston Road and Pine Ridge Road,which is anticipated to
include the following:
• In-line pumps
• Piping, valves and appurtenances
• Electrical building
• Diesel generator
• Site/Civil Improvements (fencing, landscaping and site)
Task 2.4 PS 309.09 Improvements
• Recommendation of replacement pumps
• Piping, valves and appurtenances
• Diesel generator/pump
• Site/Civil Improvements (fencing, landscaping and site)
Additionally, included with the previous subtasks (2.1-2.4),the Consultant will provide the following:
• An engineer's opinion of probable construction cost will accompany each submittal.At each design
phase, Consultant shall meet with County staff and obtain their acceptance of the work completed
to date.
• Technical specifications will be based on the 16-Division format of the Construction Specifications
Institute (CSI) in Microsoft (MS) Word format. In addition to technical specifications, Consultant
will coordinate with County staff to develop necessary General Conditions, Supplemental
Conditions, and Special Provisions Specifications specifically for the project being constructed.
Documents shall include drawings and project specifications ready for bidding, consistent with
Collier County standards, including,but not limited to,the following or as approved by the Project
Manager:
o Cover sheet, index and key map.
o General notes and symbols
o Civil Site Plan including fencing and landscaping.
o Existing Conditions map
Page 6 of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
o Civil Details
o Demolition Plan
o Proposed Infrastructure Plans and Profile
o Details
o Operational Contingency Plans
• Prepare a comprehensive project manual that shall generally consist of technical specifications for
competitive bidding (CSI Division 2 through 16). The project manual and its contents will be
prepared using MS Word and formatted in accordance with the current design.
• Furnish copies of contract documents that include engineering drawings and specifications.Present
and review them in person with County staff at the agreed upon completion stages in the project
and make appropriate changes requested.
• Preparation and maintenance of an Issue Decision log.
• Prepare a Basis of Design Report (BODR). The Report shall consist of, but not be limited to, the
following sections, incorporating results of previous tasks herein:
o Section 1 —Executive Summary
o Section 2—Introduction
o Section 3 —Review of Existing Utilities and Stormwater Infrastructure
o Section 4—Hydraulic Modeling
o Section 5 —Layout, Design, and Sizing for the force main and pump station(s)
o Section 6—Proposed Roadway Restoration
o Section 7—Construction Phasing Plan
o Section 8—Summary and Recommendations
• Assist the County in the application process for grants.
Task 2.5 Permitting
As part of this Task, Consultant will prepare the required permitting application packages, submit the
application packages, and respond to agency requests for additional information for the Project. It is
anticipated that the permit application packages will be submitted to the appropriate agencies at the 90
percent design phase of the Project, as applicable. Consultant shall:
a. Prepare applications for ROW permits and Site Improvement Plan Insubstantial Change, when
required from Collier County Growth Management Division, and respond to requests for additional
information. This scope includes applying for one (1) ROW permit and three (3) Site Improvement
Plan Insubstantial Change permits. Permitting fees, if applicable, will be paid by County.
b. Prepare a permit application for submittal to the Florida Department of Environmental Protection
(FDEP) Notification/Application For Constructing A Domestic Wastewater
Collection/Transmission System and provide backup documentation including drawings and
specifications.Respond to request for additional information(RAI)from the FDEP.Permitting fees
will be paid by the Consultant and reimbursed by the County.
Page 7 of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
b. South Florida Water Management District (SFWMD) Notice General or Individual permit and
dewatering permit. Permitting fees will be paid by the Consultant and reimbursed by the County.
c. Preparation of Notice of Intent(NOI)to use the Generic Permit for Discharge of Ground Water. If
it is anticipated that construction activities will require offsite discharge of produced groundwater
a submittal of a Notice of Intent(NOI)through the FDEP National Pollutant Discharge Elimination
System (NPDES) program will be required. The NOI that will be signed by the Owner/Applicant
requires certification that contaminants are not present in groundwater. The Consultant must
prepare the NOI for Owner signature, prepare an application letter, and to submit the form to the
FDEP. The application letter will include details regarding the dewatering plan, temporary
storage/treatment of dewatering effluent for turbidity, the location of offsite discharge points, and
a review of potential contaminated sites from FDEP databases.
d. Prepare permit application(s)to SFWMD and FDEP for Environmental Permitting including Listed
Species Survey per Collier County requirements. The Consultant will also coordinate and meet
with SFWMD and FDEP staff as required. The Consultant will respond to request for additional
information (RAI). Permitting fees will be paid by the Consultant and reimbursed by the County.
e. Should consultation or wetland/wildlife permitting with the regulatory agencies (i.e. USFWS,
FWC, USACE) become necessary during the course of the project, or wildlife surveys/monitoring
be required during construction, these will be considered additional services and a supplemental
agreement will be negotiated.
Task 2.6 Bidding and Award Phase
Consultant will assist the County with the following:
a. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding Documents.
b. Consult with and advise the County as to the acceptability of the contractor and subcontractors,
suppliers and other persons and organizations proposed by the Prime Contractor for those portions
of the work as to which such acceptability is required by the Bidding Documents.
c. Consult with the County concerning, and determine the acceptability of, substitute material and
equipment proposed by the Contractor when substitution prior to the award of contracts is allowed
by the Bidding Documents.
d. Attend a pre-bid/quote conference.
e. Attend the bid opening, review bids, qualifications.
f. Prior to award prepare conformed documents (drawings and technical specifications incorporating
addenda into the final contract documents).
g. Provide bid tabulation and a Design Engineer Letter of Recommendation of award (DELORA)
along with a"Reference Log" showing date,time, and comments of contacted references provided
Page 8 of 12
Schedule A—Scope of Services
CAC
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
by the prospective contractor.
Task 2.7 Public Involvement
Consultant and their subconsultant(s) shall complete required public involvement services throughout the
design phase. Work under this item is to include, but not be limited to, the following:
a. Preparing a comprehensive mailing list for property and business owners who will be affected by
the construction with limits as shown on the most current set of construction documents. Mail and
email notices through the project duration, as directed by the County. This task requires
coordination with the County public relation officer(s). Notifications and materials will be
approved by the County prior to distribution.
b. Preparing informational newsletter(s) which describes the project and addresses frequently asked
questions. This task may require coordination with the County public relation officers.
Notifications and materials will be approved by the County prior to distribution.
c. Press releases as necessary for notification to the public.
d. Establishing and maintaining a public telephone"Hotline."Coordination with County staff will be
included should this interface be required. Messages and calls will be logged.
e. Maintaining the Project Customer Service Log using the provided template. Customer service log
shall be sent to the County on a weekly basis.
f. Respond to public concerns in coordination with the County. This includes, phone calls, e-mails,
site visits, meetings, and special reports. Messages left by residents should be answer within the
next 24 hours.
g. Attending design progress meetings, as needed, for the duration of the design and construction.
h. Secure site and develop meeting materials for the information and design public meeting(s).Assist
the County to set-up the room and materials for public meetings.Mail postcards to property owners
and tenants for public meeting invite.
i. Create web page for project and update it weekly. The updates should include details of the
construction and notification that has been distributed door-to-door or mailed out.
j. Preparing project contact cards with the project's logo, hotline, email address and website. Project
contact cards will be given to the County's contractor to provide to residents/entities inquiring
about the project.
k. Coordination with property owners and public services affected by construction, (e.g. garbage
pickup, USPS,EMS/Fire Station and services,public schools(buses), development of road closure
notices by County staff, etc.).
1. As directed by the County, distribute notices door to door within the project limits and nearby
Page 9 of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
communities that will be affected by the construction zone and road closures. Within a week of a
door-to-door distribution,the Consultant shall inspect and remove door hangers that have not been
picked up by the resident.
m. Attend other meetings as directed by the County.
TASK 3—SERVICES DURING CONSTRUCTION
Task 3.1 —Construction Administration
a. Pre-Construction Meeting-Consultant will chair the pre-construction meeting to review the project
scope, discuss project submittals and identify issues that need to be addressed prior to the project
starting. The Consultant will prepare a draft agenda at least two business days in advance of the
pre-construction meeting and issue written meeting notes identifying a summary of the discussions,
conclusions and risks that have been encountered or are expected within two days after the meeting
to the County.
b. Construction Progress Meetings — Consultant will chair the weekly/bi-weekly progress meetings
to review project status and identify issues that may affect the Project.The Consultant will prepare
a draft agenda at least two business days in advance of each meeting and issue written meeting
notes identifying a summary of the discussion, conclusions and risks that have been encountered
or are expected within two days after the meeting to the County.
c. Shop Drawing Reviews—Consultant shall review and approve (or take other appropriate action in
respect of) Shop Drawings, Samples and other data which Contractor is required to submit, but
only for conformance with the design information given in the Contract Documents and
compatibility with the design concept of the completed project as a functioning whole as indicated
in the Contract Documents. Such reviews and approvals or other action will not extend to means,
methods, techniques, sequences or procedures of construction or to safety precautions and
programs incident thereto. Review of a specific item shall not indicate the Consultant has reviewed
the entire assembly of which the item is a component. Consultant shall not be required to review
partial submissions or those for which submissions of correlated items have not been received.
Maintain a complete log of submittals of shop drawings, noting the dates of first submittal and
subsequent reviews and resubmittals, approval, etc.
d. As-Equal Materials-Consultant will evaluate and determine the acceptability of substitute, or"or-
equal"materials and equipment proposed by Contractor.
e. Project Schedule - Consultant will review the Contractor's progress schedule to determine
conformance to the contract documents and provide input if needed. The Consultant will review
the schedule to ensure that the general work efforts are addressed, that the schedule is following a
logical approach to the job, that it is following typical construction practices and that it identifies
critical path work.The Consultant will monitor the schedule on a monthly basis,and after a review
with the Contractor, advise the County of areas where the Contractor appears to be falling behind.
f. Project Pay Applications - Consultant will review and approve/reject payment requested by the
Page 10 of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
contractor in an Application for Payment before the pay application is submitted to the Clerk's
office. Payment shall constitute a representation by the Consultant to the County based on the
Construction inspector's on-site observations of the work in progress as an experienced and
qualified construction professional and on the Consultant's review of the applications for payment
and the accompanying data and schedules that the work has progressed to the point indicated;that
to the best of the Consultant's knowledge, information and belief, the quality of the work is in
accordance with the Contract Documents and that the Contractor is entitled or is not entitled to the
payment of the amount recommended.The Consultant will process pay requests in accordance with
the Florida Prompt Payment Act. Incoming pay requests processed by the Consultant will be
mechanically stamped with the date received.
g. Request for Information - Consultant will review and respond to Requests for Information (RFI's)
that the Contractor submits. If required by County staff, Consultant shall revise construction plans
based on response to RFI. Maintain a complete log of RFIs, noting the dates of first submittal and
subsequent reviews and resubmittals, approval, etc.
h. Change Orders & Work Directives - Consultant will assist the County with the preparation of
Change Orders and Work Change Directives during the course of the construction of the project
for the County Project Manager's review and approval.
i. Review the pre-construction video and pictures assessment book provided by the selected
contractor. Generate a list of issues and submitted to the County.
j. Material Testing Records - Maintain records of density, sampling and testing accomplished and
analyze such records required to ascertain acceptability of materials and completed work items.
The field reports for records of work and testing results shall be submitted within one week to the
County.
k. Preparation of Monthly Report — Consultant will prepare a monthly report of the construction
activity completed.Sections in the report should include,but not be limited to,Executive Summary,
Contract Cost Status, Project Schedule, Critical Issues, RFI Status, Submittal Status, Allowance
Log, Project Payment Application and Observation Reports and Project Photos.
1. Permit Requirements—Consultant will monitor the construction contract to the extent necessary to
determine whether construction activities violate the requirements of permits.Notify the Contractor
of violations or potential violations and require immediate resolution of the problem. Violations
will be reported to the County immediately.
m. Florida Department of Environmental Protection Certifications - Consultant will prepare and
submit certification packages to the Florida Department of Environmental Protection for the
completed sections of the CCWSD'S wastewater systems.
n. Substantial Construction Certification—Upon issuance of a"notice of substantial acceptance"the
Consultant will provide a signed and sealed certification stating that the Project has been
substantially completed by the construction contractor in accordance with the Plans and
Specifications of the Contract Documents as amended by the Consultant. Services related to the
Page 11 of 12
Schedule A—Scope of Services
CAO
Request for Professional Services(RPS)23-8060
"Design Services for MPS 309 Force Main to Western International"
Substantial Construction Certification shall be provided to the County. Upon Substantial
Completion of construction and establishment of the Final Punchlist items,the County may request
the Consultant to provide a cost estimate for the Final Punchlist items.The Consultant shall conduct
a site walkthrough to have a better understanding of the Final Punchlist items to properly estimate
the Final Punchlist cost.
o. 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
stating that the Project has been completed by the construction contractor in accordance with the
Plans and Specifications of the Contract Documents as amended by the Consultant.
p. Asset Management Record Information — Consultant will provide information in the electronic
format stipulated by County staff required to populate the PUD's GIS and Asset Management
system in place at the time of project completion.
q. Final Project Submittal - Consultant will provide the County with one complete file, itemized and
indexed, of Project related records at the conclusion of the Project.
r. General activities related to construction observation — Consultant's inspector will observe
construction and testing activities related to the Project at critical times and as directed by the
County, including rehabilitation work, material testing, connections, etc.
We have not included resident or full-time inspection, special threshold inspection,testing or construction
surveying in this task. County Inspection/CEI shall provide Consultant with written inspection reports and
photographs on a daily basis.
Task 3.2—Warranty Services
Consultant will provide warranty services for one (1) year after the final completion of the project
construction. Work under this item is to include,but not be limited to, the following:
a. Post Construction walk thru: Generate a list of warranty issues and coordinate with the contractor
and residents until the issues are solved.
b. Review the post construction video and pictures provided by the contractor.
c. Keep a log of warranty issues.
d. Attend a one (1) Year Warranty walk thru with the contractor and County Staff and develop a list
of deficiencies to be provided to the Contractor.
Page 12 of 12
Schedule A—Scope of Services
CP
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of
its monthly invoice a progress report reflecting the Project status, in terms of the total work effort
estimated to be required for the completion of the Basic Services and any authorized Additional
Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall
show all Service items and the percentage complete of each item.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
payments to CONSULTANT in accordance with the terms stated below. Payments will be made in
accordance with the following Schedule; however, the payment of any particular line item noted below
shall not be due until services associated with any such line item have been completed or partially
completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the
percentage complete. In no event shall such Time and Materials compensation exceed the amounts
set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-Exceed
1 Preliminary Engineering $ $447,736.00
2 Final Design $ $1,029,906.00
3 Services During Construction $ $395,826.00
4 Reimbursable Expenses $ $11,500.00
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Page 18 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Lump Sum Fee
Total Time and Materials Fee $1884,968.00
GRAND TOTAL FEE $1,884,968.00
B.2.2. El` 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.
Page 19 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
❑* Lump Sum Fees: The fees noted in
paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any,the COUNTY agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be
provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall
be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall
comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without the COUNTY's prior written approval.
B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and
complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions
of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket
expenses incurred in the performance of all such services.
B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and
agrees that in the event of a dispute concerning payments for Services performed under this Agreement,
CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by
the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to
CONSULTANT all amounts that the COUNTY does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices
shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a
form and manner required by the COUNTY.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of contract.
Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under
the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no
signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on
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:
Page 20 o130
PSA_CCNA Single Project Agreement[2022_ver.I
CAO
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the
COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with
§112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips
that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties
are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except
for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized
accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any
reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be
deemed to be a reimbursable expense.
[END OF SCHEDULE B]
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 21 of 30
PSA_CCNA Single Project Agreement[2022_ver.l
CAO
SCHEDULE B—ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Project Manager $180
Senior Engineer $200
Engineer $150
Senior Inspector $125
Senior Designer $135
Clerical/Administrative $90
Senior Technician $120
Professional Surveyor $160
2 Man Survey Crew $175
3 Man Survey Crew _ $170
Field Engineer $110
Robotic Survey Crew $175
Registered Landscape Architect $165
Landscape Design Technician $125
Senior GIS Technician $150
Inspector $100
Drone & Licensed Pilot $250
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 22 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
CAO
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
Task/Item For Completion of Task
Description from Date of Notice to
Proceed
1 Preliminary Engineering 270
2 Final Design 545
3 Services During Construction 1825
4 Reimbursable Expenses 1825
Page 23 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
CAC
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below
listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the
nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
3. Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified in
this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten
(10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that
CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance policies required shall be provided to the
COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision
that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty
(30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the
COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from
its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT
hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval
or agreement by the COUNTY that the insurance requirements have been satisfied or that the
insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this
Agreement.
7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the
completion of the subconsultant's services, insurance of the types and to the limits specified in this
Section except to the extent such insurance requirements for the subconsultant are expressly waived
in writing by the COUNTY.
8. Should at any time the CONSULTANT not maintain the insurance coverages required herein,
the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails
to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the
right to offset these costs from any amount due CONSULTANT under this Agreement or any other
agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to
Page 24 of 30
PSA_CCNA Single Project Agreement 12022_vcr.I
CAO
purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance
company or companies used. The decision of the COUNTY to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion
of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish
to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three
(3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY
with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the
COUNTY may terminate the Agreement for cause.
Sections checked ( ICI ) are required by this Agreement.
10. ■❑ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation
and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this
Agreement for all employees engaged in the work under this Agreement in accordance with the laws
of the State of Florida. The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of
$500,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be so
endorsed.
1 ❑ • is Act coverage shall be maintained
$ P
12. ❑
the work. Coverage shall have minimum limits of$ -- Poi Claim/Occurrence.
13. • COMMERCIAL GENERAL LIABILITY.
A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property
Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad
Form Property Damage including Completed Operations and Products and Completed Operations
Coverage. Products and Completed Operations coverage shall be maintained for a period of not less
than five (5) years following the completion and acceptance by the COUNTY of the work under this
Agreement. Limits of Liability shall not be less than the following:
Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000
aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under
LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by
or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject
to the approval of the Risk Management Director or his/her designee.
Page 25 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
CAO
14. Collier County Board of County Commissioners shall be listed as the Certificate Holder and
included as an "Additional Insured"on the Insurance Certificate for Commercial General Liability where
required. The insurance shall be primary and non-contributory with respect to any other insurance
maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall
be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same
insurance requirements that the Contractor is required to meet.
u
16. ❑
completion of thc Services under this Agreement.
17. ■❑ BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits
of$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-The ownership.
18. ri NSURANCE—Covefage-shal4 ave
4-9 ❑C BER4NSURANCE-:-Coverage-c h a l l have-miniffirur --I+ra its-ef-45---- - Per
GeGiorenee.
20, ❑ I111AQDC1 I�—r�rLh Q��iL=1TYT
u n
basis,
8. The policy shall contain wording to thc effect that, in thc event of thc exhaustion of any
insurance.
21. ■ PROFESSIONAL LIABILITY INSURANCE.
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal
liability for claims arising out of the performance of professional services under this Agreement.
CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance.
Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. The CONSULTANT shall continue this coverage for this Project for a period of not less
than five (5) years following completion and acceptance of the Project by the COUNTY.
D. The policy retroactive date will always be prior to the date services were first performed
by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this
Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of
Page 26 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
:fir
Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage
or reduction in limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%)
reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly
submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy
if requested by the COUNTY.
22. VALUABLE PAPERS INSURANCE.
In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable
papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints,
and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or records utilized during the term of this Agreement.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and
the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal
occurs during the term of the project policy (and on any subsequent professional liability policies that
renew during the term of the project policy). CONSULTANT agrees that any such credit will fully
accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT,
agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific
professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured
retention and the risk of uninsured or underinsured consultants.
B. The CONSULTANT agrees to provide the following information when requested by the
COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is
replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT
to be insured will be notified and the COUNTY will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
[END OF SCHEDULE D]
Page 27 of 30
PSA_CCNA Single Project Agreement[2022_ver.1]
CAO
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Q. Grady Minor and Associates, P.A. (company's name)
hereby certifies that wages, rates and other factual unit costs supporting the compensation for the
services of the CONSULTANT to be provided under the Professional Services Agreement, concerning
" Design Services for MPS 309 Force Main to Western Interconnect
"project" is
accurate, complete and current as of the time of contracting.
BY: Justin A. Frederiksen, P.E.
TITLE: Vice President
DATE: October 12, 2023
Page 28 of 30
PSACCNA Single Project Agreement[2022_ver.I]
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage of
Time
Justin Frederiksen, P.E. Senior Engineer 25
Alex Dunko, P.E. Project Manager 50
Allyson Holland, P.E. Project Manager 5
Daniel Flynn, P.E. Project Manager 1
Eddwie Perez, E.I. Engineer 25
Daydee Albeirus, E.I. Engineer 25
Rick Featherstone, G.C. Senior Inspector 5
Frankie Nelson Inspector 5
Dawn Suzor Senior Designer 60
Rick Korneff Senior Designer 20
Valentin Zdravkov Senior Designer 20
Donald Saintenoy, PSM Professional Surveyor 5
Tim DeVries, PSM Professional Surveyor 5
Andrew Croak Senior Technician 5
Amanda Holmer Senior Technician 5
Kevin Georgeson Senior Technician 5
Javier Martinez Clerical/Admin 15
Page 29 of 30
PSA_CCNA Single Project Agreement[2022_ver.l]
SCHEDULE G
Other:
(Description)
❑ following this page (pages through )
❑ this schedule is not applicable
Page 30 of 30
PSA_CCNA Single Project Agreement[2022_ver.I]
CAO