Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
#13-6012 (RWA, Inc.)
Contract# 13-6012 "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 'eh day of ,„)�.c,e— , 2014 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" or "OWNER") and RWA, Inc., authorized to do business in the State of Florida, whose business address is 6610 Willow Park Drive, Suite 200, Naples, Florida 34109, (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Design services of the CONSULTANT concerning Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design services in all phases of the Project to which this Agreement applies. 1 GP 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 OWNER 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. 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 OWNER. 1.5. CONSULTANT designates Christopher O. Wright, P.E., CEO, 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 OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. Ge. 2 ^ - / l 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner 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 OWNER. 1.7. The CONSULTANT represents to the OWNER 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 OWNER'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 the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S 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. 1.7.1 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 3 GP (� v 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 Consultant 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. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'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 OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in a MicroStation DGN or AutoCAD DWG 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 OWNER. 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. 4 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order 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 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 OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER 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 an Amendment to this Agreement prior to starting such services. OWNER 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 OWNER 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 OWNER 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. 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. 5 0 2.2. 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, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER 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. 2.3 Providing renderings or models for OWNER'S use. 2.4 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 OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER 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). GP 6 ^ 2.9 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 OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'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 OWNER'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 OWNER 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 OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; GP 7 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER 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 OWNER 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 OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER 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. 8 CP G�� 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 OWNER 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 OWNER. CONSULTANT'S sole remedy against OWNER 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 OWNER hereunder, the OWNER 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 OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 9 0 ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER 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. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER 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"). OWNER 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 OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'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 OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 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 10 CA L�� 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. OWNER, or any duly authorized agents or representatives of OWNER, 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 OWNER, 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. (Remainder of page intentionally left blank) 11 cq 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 Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER 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 OWNER 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 OWNER 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 OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by 12 OWNER, 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 OWNER. 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 OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER 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 OWNER 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. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. CA 13 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting 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 OWNER 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 OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER 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 OWNER 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 OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. 14 CA li-,/ 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 OWNER 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 OWNER, 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 OWNER 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 OWNER 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 OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER 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 OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against 15 CA V � OWNER, 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 Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER 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) OWNER 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) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER 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 OWNER 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 OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after 16 receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner 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 Owner. 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 Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER 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 17 Gy 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 OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 Fax: 239-252-6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Telephone: 239-597-0575 Fax: 239-597-0578 Attn: Christopher O. Wright, PE, CEO Email: cwright(a�consult-rwa.com 18 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 OWNER, shall promote the best interests of OWNER and assume towards OWNER 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 OWNER. 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. 19 0 G1/ 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 TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 13-6012 "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue", Terms and Conditions 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. 20 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 OWNER 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 OWNER 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 OWNER 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." 21 4P Gti-� 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 OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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 21 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. 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. ********** 22 cq 0 G�� IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwig E `Brock;' Datef> By: Attest as,to Chairman s om Henning, Chairm signature only. Approved as to Form and Legality: 0400;144Agette Assistant County Attorney CoIIP�n M.Greene Name RWA, Inc. 1 1 , A, By � 4 U. • 1� a ti z i s 71)Pr-r,rt_ o. wiz(4,14 L c o Na e an Title fiss,51„,i Name and Title U Y L 0\(!kk V Pte' Name and Title Q �1\% bQ C�a .c 23 (79) SCHEDULE A SCOPE OF SERVICES Contract# 13-6012 "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue" The MSTU conducted a master planning process which identified the improvements for Thomasson Drive and Hamilton Avenue as a priority project. In October 2011 the MSTU commenced the conceptual design for the project with an engineering firm. This exercise produced alternative designs for the public to review. The MSTU plans to construct the improvements in 2014. SCOPE OF WORK: The purpose of this project is to improve a section of Thomasson Drive from Orchard Lane heading west. Improvements continue as the road turns into Hamilton Avenue going south. The scope of these services is to include those required for the proper administration of all phases of the design as well as post design services. PHASE I — DATA COLLECTION: The CONSULTANT shall furnish two (2) copies of the plans and supporting documents to the COUNTY for the purpose of review and approval of each project phase noted below unless stated otherwise. • Control and Topographic Survey, Environmental Assessment, Geotechnical Reports Task 1 — Project Management CONSULTANT shall provide the following services: a. Prepare for, attend and follow-up up to six (6) project meetings with the COUNTY. b. Issue the COUNTY communications and monthly progress reports. c. Prepare for, attend and follow-up up to two (2) MSTU Board Meetings. d. Prepare for, attend and follow-up up to two (2) stakeholder, agency and/or adjacent property owner meetings. e. Coordination and oversight project sub-CONSULTANTs. f. Overall Quality Assurance / Quality Control all project submittals. Task 2 — Survey The CONSULTANT shall provide a detailed topographic and control survey of the existing conditions within the right-of-way limits. All work shall be certified by a professionally registered surveyor in the State of Florida. • 2.1 Control Survey. a. Reproduce all recorded right-of-way and baseline information. Right-of-way it A-1 shall include all intersecting roads within the project limits. All right-of-way information shall be labeled, including, date, bearings and distances. In addition the following information shall be noted: i. Horizontal datum — tied into the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. RWA will provide project control network sheets for the survey baseline control points instead of setting reference points. ii. Physical ties to each benchmark—permanent benchmarks shall be established at 500-foot intervals along the roadway. iii. Vertical datum (benchmarks) — NAVD 1988. iv. Locate visible boundary monuments. v. Existing layout shall be tied to the existing right-of-way. vi. Locate existing visible property markers (e.g. — iron pipe, concrete monuments, etc.). vii. Tie buildings located within the proposed limits of the project to the existing right-of-way. viii. Property ownership shall be determined from Collier County records, title reports, and oth er appropriate sources and incorporated into the plan drawings and files. Property lines do not need to be surveyed, but shall be verified utilizing any visible propert y markers , whereve r possible. 2.2 Topographic Survey. a. Detail info rmation - Survey shall include all physical features which accurately depict the existing condition of the project area. The information shall include, but is not limited to, the following: i. Roadway Pavement. ii. Driveways, and Parking Areas — note the limits within survey coverage and type of pavement or surface. iii. Curbing, edging, medians, and barriers — note limits and type. iv. Sidewalks, walkways, and handicap ramps — note limits and type. v. Wall information (type, height and thickness), step/stair information (type, top step elevation, bottom elevation and number of rises). vi. Top of slope and toe of slope of the existing swales/ditches. vii. Guard rail — note limits and type. viii. The surveyor will show all above-ground utility structures and will coordinate with Sunshine One Call and local utility providers to flag the existing underground utilities located within the limits of the project. Note that the utility providers are not obligated to flag their existing facilities for design purposes. The surveyor or project engineer can request a design locate for the project area. The utility providers have thirty days to respond to this request. They can either agree to locate the facilities for free, charge a fee for their services or not locate at all. Any fees related to the flagging of the existing underground utilities are the responsibility of the COUNTY. b. Utilities i. Manholes - rims, inverts, and condition (collapsed, plugged, etc.). ii. Pipes - size, type, and direction of flow. iii. Force mains and pump stations. iv. Utility lines — size, type, for water, reclaimed water, gas, telephone, sewer, electric and CAN. v. Hydrants and water valves. A-2 vi. Hand holes and pull boxes. vii. Gas Valves. viii. Telephone and electric manholes. ix. Utility and light poles and guy wires, including overhead wires. x. Any other public or private utility structure or casting located within the defined limits. c. Stormwater System i. Catch Basins - grate elevation, inverts and condition (collapsed, plugged, etc.). ii. Manholes - rims, inverts and condition (collapsed, plugged, etc.). iii. Pipes - size, type and direction of flow. iv. Existing drainage outfalls within the project area. This shall include cross sections and pertinent locations of any proposed outfall ditches or structures. d. Collect spot elevations at 100' intervals consistent with the baseline stations and at other critical locations including top and bottom of curb, centerline grades, back of sidewalks and at changes in slope. Elevations to be given up the center of the existing driveways. e. Existing contours will be shown as at one-foot intervals. f. Pavement markings, including lane use and shoulder width, crosswalks and stop bars. g. Traffic/road signs — note direction in which sign face, material type (wood or aluminum) legend and wording, including those mounted on utility poles, signal posts, and bridges. h. Collect the finish floor elevations and garage openings for the existing buildings and structures located within twenty-five (25) feet of the proposed right-of-way lines. i. Field locate hydrological seasonal water indicators within the project limits as established by the environmental consultant. 2.3 Geotechnical Borings. a. The CONSULTANT shall stake the locations for the Standard Penetration Test borings (20), with elevation, as needed for the geotechnical sub-consultant with in the project limits. 2.4 Sketch and Descriptions. a. Prepare a sketch and legal description for the real property (acquisition), permanent and temporary easements. The CONSULTANT will assume up to fifteen (15) legal descriptions adjacent to or perpendicular to the existing ROW for purposes of quantifying the cost of this service. Additional legal sketch and descriptions will be addressed on a time and material basis. 2.5 Right of Way Map. a. Prepare right-of-way maps inclusive of the existing documented ROW limits and of any real property rights that may need to be acquired for the corridor improvements. b. The final control survey shall include a detailed and accurate compilation of control points established by a closed traverse loop through the primary control points or with a Global Positioning System-based network, to assure an error-free or closed control network. Relative error or loop closure will conform to requirements of subsection 5J - 17 FAC. All control points will be referenced to the Florida State Plane Coordinate System, NAD 1983/1999 A_3 / �K Adjustment. Task 3 — Environmental Assessment The CONSULTANT shall provide a Threatened & Endangered Species assessment, preliminary jurisdictional determination, and vegetative (FLUCFCS) mapping to identify potential environmental issues associated with the project. After this preliminary field work is complete additional services may be necessary depending on findings and the actual location and impact footprint(s) for the proposed improvements. Preliminary environmental services will include the following: 3.1 Conduct site visit(s)to the property for vegetation mapping (FLUCCS), preliminary wetland jurisdictional inspection, Florida Master Site File request, and associated environmental mapping. 3.2 Prepare a threatened and endangered species assessment and provide related supporting documentation. Task 4 — Geotechnical Services The CONSULTANT will conduct soil tests and furnish geotechnical data for the proposed project improvements. Soil borings, samples, and tests will be conducted based on procedures outlined in the Florida Department of Transportation Soils and Foundations Manual. The resultant data and a listing of the classification for the various strata obtained, as part of the soil borings and testing will be tabulated. A soil survey sheet, showing the table of classification for the various strata and recommendations for site soil preparation shall be included. If muck is encountered, a recommendation and plan for de-mucking shall be prepared. The results of field samples and testing, and the recommendations for roadway construction shall be included in a geotechnical report. Testing to be provided includes the following program: 4.1 Hand auger borings will be performed generally at 300-foot intervals (about 35 borings are estimated) along the proposed roadway improvements for evaluating shallow soil characteristics, unsuitable materials, and ground water levels for both roadway and drainage design applications. The depth of borings shall be a maximum of five (5) feet below existing grade. 4.2 Standard Penetration Test (SPT) borings shall be performed at 600-foot intervals (about 16 borings are estimated) along the proposed roadway for purpose of evaluating soil characteristics, rock depth, and ground water levels for both roadway and drainage design applications, and lighting poles. The depth of the SPT borings shall be a maximum of ten (10) feet below the ground surface. 4.3 Roadway cores will be completed at eight (8) locations along the existing roadway. The cores will extend through the existing asphaltic concrete and limerock base. Hand auger borings will be made in the core holes to a maximum depth of three feet to define sub-base constituents. 4.4 Prepare and submit four (4) signed and sealed copies of our geotechnical report upon A-4 ID Gti� completion of the subsurface investigation and analysis, providing recommendations for roadway preparation. This report shall include pertinent field site data including boring logs, site sketches, and other information in general accordance with the Florida Department of Transportation Soils and Foundations Manual. The CONSULTANT'S evaluation will include specific discussions regarding undercutting of deleterious material, identification of materials encountered, and use of each stratum as related to the proposed construction. PHASE II — PROJECT DESIGN: The services listed in Task 1 — Project Management and Task 2 — Survey will also be utilized in this Phase. Task 5 — Design Criteria Report This task includes reviewing, verifying, and compiling relevant data from all previous studies and public workshops and regulatory agencies to create a single unified document to guide the design of the corridor improvements. This Design Criteria Report ("DCR") will build on previous documents and also incorporate the changes proposed as a result of the current SFWMD criteria for this project and the limitations of the construction budget. Certain improvements may be accounted for, but designed to be constructed in phases if necessary. As part of this task, the CONSULTANT will incorporate existing material when appropriate and revise where appropriate to address the following issues: 5.1 CONSULTANT shall review, verify, and modify as needed the following design criteria: a. Planning/Land Development (Access Management) b. Geometric Design i. Design Speed ii. Design Vehicles iii. Sight Distance iv. Horizontal Alignment 1. General Criteria 2. Superelevation 3. Curvature 4. Superelevation Transition (superelevation runoffs plus tangent runoff) v. Alignment Coordination vi. Cross Section Elements (Number of Lanes, Pavement, Pavement Width, Pavement Cross Slope, Shoulder Width, Shoulder Cross Slope, Sidewalks, Type of Median, Median Width, Median Slopes, Median Barriers) vii. Roadside Clear Zone (Width, Roadside Slopes, Criteria for Guardrail) viii. Curbs ix. Right of Way x. Changes in Typical Section (Lane Deletions and Additions; Special Use Lanes; Structures, Horizontal Clearance, Vertical Clearance, End Treatment and U-Turns) xi. Access Management xii. Turn Lanes xiii. Intersection Design (radii; channelization) cAo A-5 / ' c. Roadside Design d. Pavement Design e. Roadway Lighting f. Pedestrian Facilities g. Bicycle Facilities h. Public Transit i. Design Exceptions j. Signing and Marking k. Landscape and Landscape Elements I. Tables/Appendices: i. Typical Sections ii. Stormwater Management Concept 5.2 CONSULTANT will review and amend the DCR based on staff input. 5.3 CONSULTANT will provide an Opinion of Probable Cost (OPC). The OPC will be developed based on the DCR and presented to staff for review along with design and/or phasing alternatives to minimize costs if the OPC is in excess of the projected budgetary constraints for the project. Task 6 — Construction Plans As part of this task, the CONSULTANT will prepare plans and component plans as identified below and conduct a QA/QC of the roadway plans. Roadway Plans (Item 6.1) and Opinion of Probable Cost (Item 6.10) will require three (3) submittals and component plans (Item 6.2 through 6.8) will require two (2) submittals. This task assumes that one (1) meeting with the COUNTY and related follow-up will be required after each submittal. The CONSULTANT shall furnish two (2) copies of the plans and supporting documents to the COUNTY for the purpose of review and approval of each project phase noted below unless stated otherwise. • Phase IIB - 30% Plans, OPC, Draft ROW Maps • Phase IIC - 60% plans, OPC, Final ROW Maps, Legal Descriptions and Sketches • Phase IID - 100% plans and OPC 6.1 Roadway Plans The CONSULTANT shall prepare the roadway plans for the proposed improvements along the 8,700 liner foot roadway corridor. It is anticipated that the roadway set will consist of the following: Key Sheet, Summary of Pay Items, Drainage Map, Existing Conditions, Demo Plans, Summary of Existing Structures, Typical Sections, Summary of Drainage Structures, Project Layout, General Notes, Roadway Plan- Profile, Intersection Plans, Drainage Details, Sidewalk and Ditch Profiles, Summary of Quantities, Roadway Soil Survey, Cross Sections, SWPPP, Erosion Control Plans, Utility Adjustments, and Conduit Plan. 6.2 Utility Adjustment Plans a. CONSULTANT shall identify all public and private utilities with facilities located within the construction corridor. b. CONSULTANT shall Schedule and host a utility meeting with all interested parties. A-6 c. CONSULTANT shall Collect and compile all known utility locations. d. CONSULTANT shall prepare utility relocation sheets documenting what facilities will stay, what facilities will be removed, and what facilities will be new or relocated. e. CONSULTANT shall work with utilities to resolve conflicts of facilities within the ROW. 6.3 Traffic Control Plans (TCP). a. Prepare a Traffic Control Plan for the proposed project improvements that demonstrate how access will be maintained throughout the project. This will be accomplished through a phasing plan with applicable sections, notes and reference to appropriate details. b. The plan will be proposed as a construction sequencing plan and will have multiple phases to address the constructability of the project. The final Maintenance of Traffic (MOT) plan will be completed by the contractor in compliance with the TCP and the appropriate FDOT indexes. 6.4 Signing and Marking Plans. a. Prepare Signing and Marking Plans for the proposed roadway improvements in accordance with Florida Department of Transportation (FDOT) criteria. b. The plan will be a component set of contract plans. We will reference FDOT Standard Indexes, as applicable. 6.5 Street Lighting Plans. a. Prepare Street Plans for the proposed roadway improvements in accordance with FDOT Manual of Uniform Minimum Standards (MUMS) criteria. The system will be designed to a collector street standard and have an energy efficient system (i.e. LED). b. The plan will be a component set of contract plans. We will reference FDOT Standard Indexes, and Collier County Lighting Specifications, as applicable. 6.6 Conduit Crossing Plans. a. CONSULTANT shall identify all required road crossings for electric, phone, cable, telephone, irrigation, and street lighting. b. CONSULTANT shall prepare plan sheets depicting all required conduit crossings with the size and number of conduits dedicated to each entity. c. CONSULTANT shall prepare conflict typical sections for crossings between major conduit banks and water/sewer/drainage. 6.7 Landscape Plans Prepare landscape planting design to minimally include items as follows: a.Planting design and labeling of all plant materials. b.Plant material schedule containing, plant quantities, plant specifications and installation sizes. c.Provide planting soil recommendations and/or specifications. d. To include Landscape notes and sight line limits & clear zone distances. Prepared to FDOT "Design Standards" Indices and generally per the FDOT "Plans Preparation Manual"Volume I & II criteria and processes and in general compliance to the Collier County Right- of-Way Ordinance 93-64 current editions. Prepare landscape planting details and notes to minimally include items as follows: a.Planting details: To be per FDOT design indexes A-7 CAC) b.Planting specifications: To be FDOT specifications Finalize written and/or graphic technical maintenance specifications and schedules. 6.8 Irrigation Plans Prepare landscape irrigation design to minimally include items as follows: a. Location and size of irrigation water source, mainline locations and size, controller locations and types, and electrical power connections locations and requirements. b. Provide system layout, schedules and/or notes to identify types, placement and quantities of irrigation components such as sprinklers, valves, piping, sleeving and valve wiring. Prepared to FDOT "Design Standards" Indices and generally per the FDOT "Plans Preparation Manual"Volume I & II criteria and processes and in general compliance to the Collier County Right-of-Way Ordinance 93-64 current editions. Finalize irrigation details, notes and schedules based upon final irrigation plans. This will minimally include items as follows: a.Irrigation installation details. b.Irrigation product data and installation specifications. 6.9 Hardscape Plans Prepare hardscape design to minimally include items as follows: Based upon the Design Criteria Report the Public Art site locations will be developed to a stage determining required areas for design elements, so that base elements of the proposed sites can be included in the roadway design plans for future development. The public art sites that have been identified within the corridor are not included as part of this project for final design. Prepare median and roadway related hardscape design for decorative paving, potential hardscape features, site furnishing, potential accent lighting locations, and retaining walls if required base upon roadway design plans. Hardscape design elements to adhere to County, State and ADA regulations and guidelines related to hardscape elements and to facility user safety. Prepare hardcape details, notes and schedules to minimally include items as follows: a.Median and roadway hardscape installation details. b.Provide product data/cut sheets and installation details and specifications. 6.10 QA/QC Roadway Plans. a. CONSULTANT shall prepare and circulate all roadway plan submittals for review by independent in- office professionals prior to each submittal. b. CONSULTANT shall review all comments and incorporate revisions where applicable. c. CONSULTANT shall circulate the revised plan sets for approval by independent reviewing professional. d. CONSULTANT shall review all sub-consultant submittals to insure A-8 consistency with the current roadway plans and to resolve conflicts when they arise. 6.11 Opinion of Probable Cost. a. CONSULTANT shall prepare an Opinion of Probable Costs for all proposed improvements within the corridor. b. CONSULTANT shall update the OPC with each submittal to reflect the additional level of detail in the design as the project progresses. c. CONSULTANT shall advise the COUNTY if design revisions are creating budgetary increases and provide alternates for savings offsets if required. Task 7 — Drainage Design The CONSULTANT will analyze the existing storm water drainage system and identify potential existing drainage issues of concern, existing flow patterns and research existing applicable SFMWD permits on adjacent properties. As part of this task, the CONSULTANT will complete the following: 7.1 Inspect existing structures within the project boundaries to determine if they are suitable for rehabilitation or incorporation into the final drainage design. 7.2 Once the new roadway geometry and sidewalk footprint is established, the CONSULTANT will schedule and attend a meeting with the SFWMD to determine if the proposed modifications require an ERP submittal. As currently planned, the proposed improvements do not add any capacity to the existing roadway network and minimal environmental impacts are expected. 7.3 The CONSULTANT will work towards an exemption to ERP permitting under FAC 62- 330.051. If an exemption can be secured and the drainage outfall capacity increased it should alleviate most of the community concerns relative to standing water and allow for a lower profile grade line that would keep the roadway elevations consistent with the surrounding topography and development. If an exemption is not possible, the CONSULTANT will work closely with the SFWMD and the surrounding publicly managed storm water systems to develop the most cost effective solution to satisfying the design criteria the SFWMD may impose on the project as provided for within the Optional Services proposal. 7.4 The storm water system design will consider best management practices, open system, closed system, lateral ditches, exfiltration, etc., or a combination thereof within the existing right-of-way and dedicated drainage easements as applicable. Any existing and proposed culverts within the project limits will be modeled to insure adequate capacity for a 10 year, 1 hour design storm event. 7.5 The CONSULTANT shall prepare a Master Drainage Plan as well as detailed construction level plans for the drainage system as part of the roadway plan set. The permit design criteria and the Master Drainage Plan will be submitted with the Phase II submittal and the final construction level drainage plans will be completed with the Phase III submittal. A-9 C `) Task 8 — Utility Coordination During this phase of the project, the CONSULTANT will be in regular contact with utility providers to provide guidance and coordinate utility relocation plans amongst the various stakeholders. It is anticipated that each utility will provide RBG's (red, blue, greens) after the 30% plans are completed and a compiled utility plan will be produced that documents what is to remain, what is to be abandoned, and what is to be relocated and where to, within the project limits. It will be the responsibility of each utility company to prepare their own individual construction level documents and secure the necessary permits to perform their relocations. PHASE III - PERMITTING: Task 9 — Permit Applications As part of this task, the CONSULTANT will prepare the plans, applications, and supporting documentation required to secure the permits required to allow for the construction of the proposed improvements. It is anticipated that each permit will require an initial application and up to two (2) additional submittals. 9.2 Prepare and support one (1) exemption request to the SFWMD. 9.3 Prepare and support one (1) Minor General Water Use Permit Application to the SFWMD. a. The project is anticipated to require water allocations for the irrigation of about 4 acres of turf grass and landscaping. The project is in a challenging area for fresh water resources. Groundwater in the vicinity of the project site is likely brackish with the exception of likely freshwater lenses in some upland areas located further from tidal waters (ie, at Naples Botanical Gardens and Windstar at Naples Bay). The likely source of groundwater for irrigation will be the water-table aquifer. The water-table aquifer, where fresh, typically exhibits elevated concentrations of dissolved iron, which can cause brown stains on concrete and structures if used directly from a well. However, the dissolved iron typically oxidizes when well water is stored in a lake, reducing or eliminating the potential for staining. It would be desirable to identify a county-owned lake to obtain irrigation water for the project. Groundwater from the water-table aquifer could be used as irrigation replacement water for water pumped from the lake for irrigation. Work elements will include: i. Determine the irrigation requirements for the project site based on irrigated acreage data from the design engineer. ii. Perform a limited survey of permitted water users and private water users (using public records) to aid in identifying potential users of surface and shallow groundwater in the immediate area of the project site and to determine existing legal users. iii. Review lithologic logs and dissolved chloride data of wells installed in the area (from public records or in-house data) to estimate site lithology, groundwater salinity, and aquifer hydraulic characteristics. iv. Evaluate saline water blending using a mass balance approach, if necessary. A-10 i v. Assist the design engineer and the COUNTY in water demand needs for their negotiations on the use of offsite lake access, if needed. vi. Prepare an application for a water use permit for irrigation. PHASE IV— BID PHASE SUPPORT: Task 10 — Bid Phase Support Under this task, the CONSULTANT will assist the COUNTY and the County Purchasing Department with the preparation of all project related bid documents. The scope of work will include the following elements: 10.1 Attend one (1) pre-bid meeting. 10.2 Answer contractor RFI's. 10.3 Issue bid addendum supplements. 10.4 Review all qualified bids and issue a final bid recommendation. PHASE V— POST DESIGN SERVICES: Task 11 — Post Design Services 11.1 Attend one (1) pre-construction meeting. 11.2 Answer contractor RFI's during construction. A-11 C_�O? SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL AND LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-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. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Ashley Caserta, Senior Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency, 3570 Bayshore Drive, Unit 102, Naples, Florida 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments and time and material payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. PHASE DESCRIPTION FEE: PAYMENT SCHEDULE Items 1 — 3 Lump Sum Lump Sum Monthly Upon 1 Phase I - Data Collection $57,726.00 Percent Complete of Task Monthly Upon 2 Phase II - Project Design $312,574.00 Percent Complete of Task Monthly Upon 3 Phase III - Permitting $8,448.00 Percent Complete of Task Items 4 & 5 Time and Material Not to Exceed 4 Phase IV- Bid Phase Support $3,895.00 Time and Material — Not to Exceed 5 Phase V - Post Design Services $7,505.00 Time and Material - Not to Exceed TOTAL FEE (Phases 1 - 5) $390,148.00 B.2.2. 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 I to this Schedule B. B-1 G�- B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. 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 provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 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 this 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 OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses 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 Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. 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 the Project name and shall not be submitted more than one time monthly. B.3.3. 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 B-2 applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4. 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.3.5. 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 Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1. Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, 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.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the OWNER. B-3 ‘,,_ SCHEDULE B — Attachment 1 CONSULTANT'S AND SUB-CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Staff Engineer/Staff Planner/Staff Surveyor $90.00 $105.00 Senior Staff Engineer/Senior Staff Planner Senior Staff Surveyor $120.00 Professional Engineer/Project Planner/Project Surveyor $140.00 Senior Professional Engineer/Senior Project Planner $155.00 Project Manager/Project Manager $170.00 Senior Project Manager/Senior Project Manager $205.00 Principal $65.00 Junior CAD Technician CAD Technician $75.00 $85.00 Senior CAD Technician $75.00 Construction Observation $85.00 Senior Construction Observation Party Chief $100.00 Senior Party Chief $110.00 Field Crew GPS $125.00 $125.00 Field Crew Robot $60.00 Project Coordinator $70.00 Senior Project Coordinator Clerical $50.00 B-4 �1 SUBCONSULTANTS: Note: Subconsultant fees are included in the Schedule B, Section B.2.1 amounts for each phase of the Project. *Invoices for subconsultant services to be provided on a Time and Materials basis shall include a reference to the appropriate phase at the time the invoice is submitted, along with the appropriate associated hourly rate. TURRELL & ASSOCIATES- LUMP SUM SERVICE Ecology WATER SCIENCE ASSOCIATES, INC.- LUMP SUM SERVICE Permitting FORGE ENGINEERING, INC.-LUMP SUM SERVICE Geotechnical TREBILCOCK CONSULTING SOLUTIONS- LUMP SUM SERVICE Transportation Engineering MCGEE & ASSOCIATES-TIME & MATERIAL AND LUMP SUM SERVICE- Landscape Architect Phase II —Lump Sum Phase IV—TIME AND MATERIAL* Title Hourly Rate Senior Landscape Architect $135.00 Landscape Architect $125.00 AutoCAD Technician $65.00 Administrative Assistant $55.00 End of Schedule B B-5 \DO SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days Phase Phase Name/Title For Completion from Date of Notice to Proceed 1 Phase I — Data Collection 60 Phase II — Project Design: 98 2 Phase IIA-DCR 161 Phase IIB — 30% Submittal 259 Phase IIC — 60% Submittal 329 Phase IID — 100% Submittal 3 Phase III — Permitting 380 4 Phase IV— Bid Phase Support 454 5 Phase V— Post Design Services 720 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 OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER 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 polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. 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 OWNER. CONSULTANT shall also notify OWNER, 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 D-1 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 OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER 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 OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER 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 OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER 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 D-2 CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) 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 (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _X_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable _X Not Applicable D-3 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X Yes No (1) 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 OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 _X General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 D4 (2) 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. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X_Yes No D-5 l� (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate D-6 X_ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) 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 OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER 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 OWNER. VALUABLE PAPERS INSURANCE (1) 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. D7 1,2) PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'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 OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER 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. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, RWA, Inc. 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 Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue are accurate, complete and current as of the time of contracting. RWA, Inc. BY: v� ti �J. 1 • "— TITLE: DATE: C3.//o /2..-v/Lt E-1 G� v V SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Category % of time Christopher Wright, P.E. Senior Project Manager 4% Barry Jones, P.E Senior Professional Engineer 24% Daniel Garner, E.I. Staff Engineer 26% Richard Owens Senior CAD Technician 24% Michelle Rondo Project Coordinator 4% Doyle Nichols Construction Observation 3% Michael Ward, PSM Project Surveyor 1% Rick Korneff Senior Cad Technician 6% Gary Rashford, PSM Senior Party Chief 8% F-1 �`�� Client#:40467 RWAIN DIYYYY) E(MMID ACORD, CERTIFICATE OF LIABILITY INSURANCE DAT6/E(MM/D 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karla Palacio NAME: Gulfshore Insurance-Naples PHONE 239 263-4527 FAX 239 213-2836 (A/C,No,Ext): (A/C,No): 4100 Goodlette Road North E-MAIL k alacio ulfshoreinsurance.com Naples, FL 34103-3303 ADDRESS: P @9 239 261-3646 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FCCI Commercial Insurance Compa INSURED INSURER B:Hartford Casualty Insurance Corn RWA, Inc. 6610 Willow Park Dr#200 INSURER C INSURER D: Naples,FL 34109-7909 - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLISUBR POLICY EFF POLICY EXP LIMITS LTR INSR IWVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY X X GL00165791 03/31/2014 03/31/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES R occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X PD Ded:500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X PRO LOC $ A AUTOMOBILE LIABILITY X CA0026635 03/31/2014 03/31/2015 Ea OMBaccidINED ent)SI $NGLE LIMIT 1> >000 000 ( X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A x UMBRELLA LIAB X OCCUR UMB0018632 03/31/2014 03/31/2015 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ B WORKERS COMPENSATION X 21WBCAK2552 03/13/2014 03/13/2015 X TO Y LJMIT OTH- ER EMPLOYERS'LIABILITY TORY LIMITS Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Contract#13-6012 Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue Certificate Holder is included as Additional Insured with respects to General Liability only as required by contract including Waiver of Subrogation,ongoing and completed operations per form CGL088 0710, on a primary non-contributory basis per form CG0001 1207.Additional Insured in regards to Auto Liability only as required by contract per form CA0003FL 1208.Waiver of Subrogation in regards to Workers Compensation only as required by contract per form WC000313 0484.The Umbrella follows form. CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S768255/M744015 KPA ACO°® CERTIFICATE OF LIABILITY INSURANCE Mo )6i2 �2a PRODUCER (201)262-1200 FAX: (201)262-7810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Fenner & Esler ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 467 Kinderkamack Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 60 Oradell NJ 07649-0060 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Travelers Casualty & Surety 31194 RWA, Inc. INSURER B: 6610 Willow Park Drive INSURER C: Suite 200 INSURER D: Naples FL 34109 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OISUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE IMM/DDIYYYY) DATE(MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE _ $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO - (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE - $ DEDUCTIBLE $ RETENTION $ i $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ A OTHERprofessional 105898390 3/1/2014 3/1/2015 Per Claim Limit $1,000,000 Liability Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Contract #13-6012 "Streetscape Improvements Design of Thomas son Drive and Hamilton Avenue" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Collier County Board of County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Commissioners 3327 Tamiami Trail East REPRESENTATIVES. Naples, FL 34112-4901 AUTHORIZED REPRESENTATIVE Kevin Esler/JEAN ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200901).01 The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) INS025(200901).01