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Backup Documents 10/25/2016 Item #16A 1 (CH2M Hill) ORIGINAL DOCUMENTS CHECKLIST& ROUTING SLIP I J� 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS-SENT TO sl /y 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIA6f 'a Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in thsItggntp1t j Office no later than Monday preceding the Board meeting. L JJ **NEW** ROUTING SLIP n � Complete routing lines#1 through#2 as appropriate for additional signatures,dates.and/or information needed. Iftl,<#le exception of the Chairman's signature,draw a line through routing lines 41 through#2.complete the checklist and fo l j Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Risk Management , 2. County Attorney Office County Attorney Office /��/� fpr h I . (0 3. BCC Office Board of County Commissioners �'b� 4. Minutes and Records Clerk of Court's Office /tif, )2' P" 5. Return to Procurement Services Division Procurement Services Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Viviana Giarimotas;for Adam Northrup Phone Number 239-252-8375 Procurement Staff Contact and Date Agenda Date Item was 10/25/2016 . Agenda Item Number 16A1 Approved by the BCC l/ Type of Document Contract Number of Original 1 / Attached Documents Attached ✓ PO number or account N/A Solicitation/Contract 16.6617''CH2M number if document is Number/Company to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? 51,34-,..) Q J I'4t 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip yetEK- should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made VG during the meeting have been incorporated in the attached document. The County _ t, 4 ,4" Attorney's Office has reviewed the changes,if applicable. ° 9. Initials of attorney verifying that the attached document is the version approved by the. i BCC,all changes directed by the BCC have been made,and the document is ready for e Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 A 4 MEMORANDUM Date: December 15, 2016 To: Viviana Giarimoustas for Adam Northrup Procurement Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #16-6617 "Randall Boulevard and Oil Well Corridor Study" Contractor: CH2M Hill Engineers, Inc. Attached is a copy of the document referenced above, (Item #16A1) approved by the Board of County Commissioners on Tuesday, October 25, 2016. The original has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1641 Contract# 16-6617 "Randall Boulevard and Oil Well Corridor Study" PROFESSIONAL SERVICES AGREEMENT I lv THIS AGREEMENT is made and entered into this .,c...:.1 day of 3C.A.C4DQc , 2016, 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 CH2M Hill Engineers, Inc., authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay Blvd., Suite 505, Naples, FL 34108 (hereinafter referred to as the "CONSULTANT" and/or"CONTRACTOR"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting Planning/Study services of the CONSULTANT concerning the Randall Boulevard and Oil Well Corridor Study (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: 1 Contract#16-6617`Randall Boulevard and Oil Well Corridor Study"C 4' ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Planning/Study Consulting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the 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 William D. Beddow, P.E., Principal-in-Charge 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 2 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stud lb 4 AP = ag. „i 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. 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 ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: 3 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stu.rz 16A1 1 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239)252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public 4 Contract*16-6617"Randall Boulevard and Oil Well Corridor Study'e I 16A1 agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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 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 5 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stud ®I 16 /U 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 an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by 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. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and 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 a Change Order or an 6 Contract#16-6617'Randall Boulevard and Oil Well Corridor Study"/� CCIO 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 provideforty-eight hour written notice noted above, waives CONSULTANT'S the (48) 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. 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. 7 Contract*16-6617 Randall Boulevard and Oil Well Corridor Study A 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). 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 8 Contract#16-6617'Randall Boulevard and Oil Well Corridor Study I .• Lµ5< 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; (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 9 Contract#16-6617'Randall Boulevard and Oil Well Corridor Stu' I (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. 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. 10 Contract*16-6617"Randall Boulevard and Oil Well Corridor Stu.* 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. 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. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or 11 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stud OD 16A material invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to Consultant's tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. 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. 12 Contract*16-6617'Randall Boulevard and Oil Well Corridor Studyel i6Ai 6.2. 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 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 13 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study" 16 A any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 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. 14 Contract#16-6617°Randall Boulevard and Oil Well Corridor Study' • 4/„. 1 6 A 1 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 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 CONSULTANTS 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 15 Contract#16-6617'Randall Boulevard and Oil Well Corridor Study' c90 I 6 A 1 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. 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. 16 Contract#16-6617'Randall Boulevard and Oil Well Corridor Stud e 16 A 1 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. 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) CONSULTANTS 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 17 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stu.0 16 A1 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 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 18 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study" co, 16A1 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 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 19 Contract#16.6617"Randall Boulevard and Oil Well Corridor Studylt 16 A1 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 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: 20 Contract#16-6617'Randall Boulevard and Oil Well Corridor Study 1 1 N. A Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Attention: Allison Kearns, Interim 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: CH2M Hill Engineers, Inc. 5801 Pelican Bay Blvd., Suite 505 Naples, FL 34108 Phone: 239-596-1715; Fax: 239-596-2579 Attn: William D. Beddow, P.E., Principal-in-Charge 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. 21 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stud 1641 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE 22 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study" Schedule F KEY PERSONNEL, SUB CONSULTANTS AND 16 A 1 SUBCONTRACTORS The Consultant's Proposal and RFP# 16-6617 ""Randall Boulevard and Oil Well Corridor Study," Terms and Conditions, are hereby incorporated by reference. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to 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. 23 Contract#16-6617°Randall Boulevard and Oil Well Corridor Stud la I6AL 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." 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. 24 Contract 116-6617`Randall Boulevard and Oil Well Corridor Stud 0 16A1 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 see. 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. ********** (Signature Page to Follow) 25 Contract#16-6617 Randall Boulevard and Oil Well Corridor Study e -tkss s W N , IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the "Randall Boulevard and Oil Well Corridor Study" the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, C i rk .2sa, Date I ?-) t I By: 2011410 1-64c& r11.►Gac uJ CVS=_ Don a Fiala, Chairman • signa re OlifY. Approved as to Form and Legality: V golcztal4kivei_e_ I sistant County Attom Col leen 1n • &ye, Name CH2M Hill Engineers, Inc. /06j,(it..A.._x_i_i . By: all ` i Witness // Wein ,11Qr r, . Name and Title Name and Title 444&cc/ -7Vist cretwatx) e Witness Name and Title Item# I / 1 Agenda Date 101010b l0 ! Date Recd 1014,0 c:›2&4-4Atuni Deputy Clerk 26 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study" ft) 1641. SCHEDULE A 16-6629— Randall Boulevard and Oil Well Corridor Study SCOPE OF SERVICES The Consultant shall conduct the Study and all corresponding products so as to meet the following goals and objectives created to focus the efforts of this study: A. To ascertain the Corridor's existing and future transportation demands, including traffic volumes, travel characteristics, and historical trends; facility operation (level of service), conditions of existing facilities and plans for improvements; describe what the existing or expected concerns are for the corridor and how the management plan expects to address these concerns. B. To determine the existing and projected traffic circulation needs for the Corridor, including traffic volumes, travel characteristics, future conditions and mobility requirements. C. To generally describe natural, physical, environmental, social, operational, and economic constraints within the Corridor that could have a negative social and economic effect upon any proposed alignments. The proposed alignments should minimize the displacement of residences and businesses as well as damage to ecosystems, wetlands or water quality. D. To develop and recommend alternative alignments (three anticipated, but no more than five corridors) that is consistent with the Collier County Growth Management Plan and Long Range Transportation Plan. E. To coordinate review with existing and proposed development/land use. F. To provide sufficient preliminary engineering and environmental information using standard typical sections and sketch planning techniques to serve as input for future County production activities. G. To maximize public outreach efforts to ensure that communications efforts and public's participation in all phases of the Study process will be maintained and expanded by identifying and involving stakeholders. H. To develop traffic circulation plan for the local system connection to the primary facilities of Oil Well Road, Randall Boulevard, Everglades Boulevard, and Desoto Boulevard to promote safe multi-modal movements. SERVICES TO BE PERFORMED The Study shall be comprised of the following elements: public involvement; data collection and projections; development of corridor alternatives; development of evaluation methodology and criteria; analysis and ranking of corridor alternatives; and selection of a preferred corridor alternative. These elements shall be individually documented in report form. An Executive Summary Report will also be prepared to provide an overview of the corridor study findings and A-1 Contract#16-6617`Randall Boulevard and Oil Well Corridor Stu. i6Ai recommendations. The Consultant shall complete all work and tasks of the Study, including acceptance by the County of deliverables. The major services to be performed are summarized below. Task 1: Project Initiation Prior to beginning work, the Consultant shall meet with appropriate County representatives at the Notice to Proceed Meeting. The purpose of this meeting shall include but not be limited to the following: 1. The County will render all relevant information in its possession. This may include previous correspondence, existing traffic counts and analysis, planning information, and existing right-of-way and utility information. 2. The County will establish any ground rules upon which the Study process will be conducted. 3. The County will explain the financial administration of the contract. 4. The County will render the official Notice-to-Proceed letter. Task 2: Public Involvement 1. Preparing Public Involvement Plan At the onset, the consultant will prepare in accordance with the Florida Department of Transportation's Project Development & Environmental Guidelines Manual (in Part 1, Chapter 8- 2.1 and Part 2, Chapter 9 of the PD&E Manual), a written Public Involvement Plan outlining each element of the public involvement process. The Consultant shall establish an open process that is responsive to the concerns of the citizens and provides for timely involvement that influences the decision-making process. The Consultant shall develop a process that creates an understanding of the issues and provides participants the opportunity to be sufficiently prepared to react with confidence to the program deliverables. The plan shall be updated and amended throughout the Study process as the needs of the project may change during the study, and shall also indicate the basic public involvement approach to be taken with the project. It will list the contact persons, media officials, local elected officials, Golden Gate Estates Area Civic Association, and involved agencies. The Consultant will also identify stakeholders that hold community interests (commuters, businesses, residents, environmental interests, and others). The plan will describe as well the means that will be used to involve the stakeholders in the process. The Consultant shall provide to the County drafts of all Public involvement collateral (i.e., newsletters, property owner letters, advertisements, etc.) associated with the following tasks for review and approval at least five (5) business days prior to printing and /or distribution. A-2 Contract#18-6617"Randall Boulevard and Oil Well Corridor Stud ) 2. Introductory or Kickoff Notification Upon receiving the County's written approval of the Public Involvement Plan, letters shall be prepared and mailed by the Consultant to local government elected officials. The letters shall be consistent with the Public Involvement Plan, introducing the Consultant and informing officials of the Study. Additional contacts shall be maintained throughout the study process as designated in the Public Involvement Plan. 3. Mailing/Contact List The Consultant will develop and maintain a computerized database of contacts, beginning with the list of those notified in the Kickoff Notification Process. Property owners within 300' of the proposed right-of-way shall be notified. Public officials, community service organizations, environmental agencies, local and regional transportation officials, and special interest groups shall be identified by the Consultant as those individuals or groups to be affected by the project. County will mail (County will pay for postage) letters supplied by Consultant. 4. Unscheduled Meetings and Presentations The Consultant and his staff shall be available with no more than a five (5) workday notice to attend meetings or make presentations at the request of the County. Such meetings and presentations may be held at any hour between 8:00 a.m. and 12:00 midnight on any day of the week. The Consultant may be called upon to provide maps, press releases, advertisements, audiovisual displays and similar materials for such meetings. No more than eight (8) such meetings are anticipated. 5. Collect Public Input This activity occurs throughout the life of the project, requiring the Consultant to maintain files, newspaper clippings, letters, and in particular, any record of direct contact before, during and after the Public Workshops. Input will be gathered during the Public Workshops, or by other methods, such as personal contact, letters, surveys, visits, or phone calls in response to, or following said meeting. The Consultant will provide hard copy and electronic version of all documents in both a PDF format and Microsoft Word format. 6. Identify and Inspect Public Meeting Site Prospective sites for the Public Workshops/Meetings shall be inspected for suitability. Consideration shall be given to location, seating capacity, lighting, display space, and any other physical characteristic that would influence the viability of this site. Possible Public Workshop/Meetings sites should facilitate participation by locating the meetings closer to potentially impacted residents and businesses along the corridor. The Consultant shall make arrangements for use of the meeting facility for the Public Workshops/Meetings. The County will directly pay any required rental fees and insurance to facility. A-3 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study ms, 7. Coordination Meetings with Local Officials These meetings shall be held just prior to the Public Workshops to apprise local officials of the project status, present them with specific corridor alternatives, and receive their feedback. The Consultant should provide the Local Officials at least two (2) weeks notification. It is specifically required that the Public Involvement Report show evidence of coordination with the local officials. Special emphasis should be given to regular coordination meetings with the following agencies: • District School Board of Collier County • Collier County Emergency Medical Services (EMS) • Fire Districts of Collier County • Collier County Parks and Recreation Department • Collier County Planning Services Department • Collier County Public Utilities Division • Collier Metropolitan Planning Organization Technical & Citizens Advisory Committees • Local civic associations. Such meetings shall address each agency's future plans and concerns. 8. Public Meetings/Workshops The first public meeting will provide the public with an introduction to the project, goals, and timing. A period of each meeting will be devoted to questions and answers and to provide the public an opportunity to identify and provide information about problem areas. The second meeting is to present to the public the alternatives and provide the opportunity for review and comment on the concepts. It is possible that modifications or additional alternatives may be suggested as a result of citizen involvement. The third meeting is to present to the public the conclusion of the study and provide the opportunity for review and comment on the design concepts. It is possible that modifications or additional alternatives may be suggested as a result of citizen involvement. Note: This scope assumes a public hearing is not required. The Consultant shall attend these meetings and prepare appropriate displays or wall graphics and/or electronic projections for use during the meeting. These include aerial photographs, renderings, charts, and graphs, as needed. The Consultant may be required to actively participate in any portion of the presentation. The Consultant shall prepare project hand-outs for distribution at the meeting. All presentations, media releases, and legal and display advertisements shall be prepared by the Consultant and reviewed and authorized by the County. A black-and-white, quarter-page display advertisement announcing each meeting shall be prepared and submitted to the County for approval. The County shall publish the advertisement A-4 Contract#16-6617'Randall Boulevard and Oil Well Corridor Study ¢* € in the area newspapers having the largest daily circulation. The County will be responsible for fees associated with advertisement. Notification shall be made by the Consultant to elected and appointed officials and other interested persons by letter no later than two weeks prior to the meeting. News releases shall be prepared and submitted by the Consultant to the County for publication two weeks prior to each meeting. The Consultant shall brief the County's staff(who will be on hand during the meeting) prior to the meeting to make sure the staff is up to date on the project and understands the study well enough to discuss it with the public and answer questions. Meeting setup and take down shall be handled by Consultant staff members familiar with the equipment and the facilities available at the workshop site. Conducting the meetings will involve knowledgeable staff and shall require enough staff members to handle the public anticipated for the meeting. Although the meetings may be scheduled for a certain time period, staff shall be available for some time before and/or after those set hours in order to maintain public contact, availability for media interviews, etc. The identification of issues brought up at the meeting is an integral part of the meeting debriefing process, which shall be attended by all staff members taking part in the workshop process and interacting with the public. Once issues from the meeting have been identified, their significance shall be determined by the Consultant and reviewed by the County (i.e., are the issues valid enough for further consideration or do they have elements that may require further consideration). Addressing the issues and responding to them is also an integral part of the meeting process. This task involves letter writing, the placement of an ad, distribution of news releases, or any other appropriate techniques. 9. Comments and Coordination Report A Comments and Coordination Report shall be prepared, containing documentation of the public participation accomplished throughout the Study period. This report should summarize and respond to the comments received from the public kickoff workshops, public involvement meetings, agency coordination, etc. The report shall be submitted with the report for Task 6 - Executive Summary. 10. Newsletters The Consultant shall prepare newsletters at various key points during the Study. The newsletters shall be mailed by the Consultant to elected officials and interested persons included on the mailing list compiled by the Consultant. The County's review is required prior to mailing. Considering the expected duration of the project, a maximum of three (3) newsletters is anticipated. A-5 Contract*16-6617"Randall Boulevard and Oil Well Corridor Study m. A ti x 3,,t ds ahasi�' 3 t 11. Website The County will establish a link on their website to provide information to the public with regards to the Study. The information will include maps, newsletters, etc. The material will be provided by the Consultant. Task 3: Collection of Existing Data Immediately following the Notice to Proceed, the Consultant shall begin collecting various information and materials relative to planning, environmental, and engineering concerns within the study area. The information should include data necessary to perform an adequate general evaluation of initial corridor alternatives within the study area. The data and mapping collected at this stage should generally be existing information available from various state and local sources. The Consultant shall gather pertinent traffic, environmental, and neighborhood data, and determine if deficiencies of information exist. The Consultant shall review the study's area characteristics and relevant planning documents including, but not limited to, the current local government comprehensive plans or planning projects under development, the current Florida Department of Transportation Five Year Work Program for Collier County, and the Transportation Capital Improvement Programs (CIP). The Consultant will be responsible for summarizing the existing inventory conditions in appropriate tabular and graphic manner to clearly present the existing conditions within the study area. The following types of data are representative of those to be obtained by the Consultant: 1. Base Mapping Countywide map(s) to serve as a base for the display of initial corridor alternatives and major constraints. This can be an existing map such as from Collier County, USGS, or a Consultant generated base map. Data base information shall be compatible for use on aerial photography used for public meeting presentations, corridor maps, and alternative plans. The map(s) should also indicate all public/private right-of-way including, type, width, existing status, etc. 2. Traffic Data Collection The Consultant is expected to utilize, to the maximum extent possible, current traffic count data recently been obtained for all collector and arterial roads within the study area. The County will provide the available existing count data from their files. The Consultant will review the existing traffic count database provided by the County and then make recommendations for additional count locations. a. 24-Hour Machine Counts The Consultant will conduct 24-hour machine counts at all appropriate locations within the study area as determined by the Consultant and Collier County staff. All machine counts will be recorded in 15-minute increments by direction with hourly totals at all count locations. The 24-hour machine counts will be conducted on a Tuesday, Wednesday or Thursday. A-6 Contract*16-6617`Randall Boulevard and Oil Well Corridor Stud " . . 6 A 1 b. Classification Counts The Consultant will conduct 72-hour classification counts at all appropriate locations within the study area as determined by the Consultant and Collier County staff. The classification counts will be conducted on a Tuesday, Wednesday and Thursday in 15-minute increments, with hourly totals for the entire twenty-four hour period on each day of the counts. c. Count Program Summary Report All count information will be tabulated in electronic format by 15-minute time increments with hourly totals for each day on which counts were conducted. An exhibit depicting the locations where the traffic counts were conducted will be prepared. All unadjusted count summary information and exhibits will be provided in the Existing Data Report. d. Turning Movement Counts Based on an analysis of the 72-hour traffic machine counts and evaluation of current and future development trends (traffic generators) the CONSULTANT shall then perform 8-hour manual vehicle turning movement counts for peak hours at the same intersections listed above. 3. Transportation and Land Use Plans The consultant shall obtain current transportation plans and programs (FDOT Work Program and local government CIP'S) for surface transportation modes, as available. Data shall be collected regarding present as well as future land use, access, proposed developments and/or area studies, current zoning, and observed trends within the study area. Data should be sufficient to show existing and projected residential, commercial, industrial, public, agricultural, and undeveloped areas within the study area, and demonstrate any relationships between land use and development policies. The FDOTs Land Use Mapping System is available as a data source. The FDOT procedure, Topic No. 550-010-001, Florida Land Use, Cover and Forms Classification System, shall be used for reference and for mapping details. The Collier County Growth Management Plan shall be used to determine future land use, unless the County advises the Consultant otherwise. 4. Archaeological and Historical Sites The Consultant shall collect data necessary to completely analyze the impacts to all cultural and historical resources by all proposed alternatives. 5. Hazardous Material and Contamination Information The Consultant shall identify and map known major hazardous materials generators and sites of petroleum contamination that may affect the viability or location of any Corridor Alternative. 6. Utilities Existing and proposed utilities that may influence corridor level location or design considerations shall be identified. Major utility lines shall be mapped, including overhead/transmission lines, microwave towers, etc. A-7 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study° / 7. Natural Impacts a. Wetlands: Generally identify and map significant wetlands falling partially or wholly within the Study area that may affect the viability or location of any Corridor Alternative. 1) The identification of all wetland involvements along a project corridor. 2)An evaluation of project impacts on each wetland site. 3)An evaluation of all project alternatives including avoidance alternatives. 4) An evaluation of the significance of each wetland site. 5) An evaluation of the uniqueness of each wetland site. 6) An evaluation of the function/value of each wetland site. 7) A formal wetlands finding stating that no practical alternatives to the wetland taking exist, if such is the case. 8) An evaluation of all practicable measures to minimize harm to wetlands. 9) An evaluation of the reasonableness of mitigation measures proposed to reduce adverse impacts. b. Conceptual Mitigation Plan If the project impacts wetlands, a conceptual mitigation plan will address the three types of mitigation: avoidance, minimization, and compensation. The three types are to be employed in sequence, with avoidance being the first measure utilized to reduce impacts. Compensatory mitigation includes actions such as wetland preservation, restoration, enhancement, or creation. c. Threatened and Endangered Species: Identify and map potential wildlife corridors that affect any Corridor Alternative. Conduct a literature search to survey and identify areas that may contain state and federally designated endangered and threatened species or species of special concern. A map shall be produced that shows the area(s) containing such species in relation to the various Corridor Alternatives. d. Soils: Obtain and map existing information (such as County soil survey maps and other information from the Soils Conservation Service) to generally describe the composition of large areas of unacceptable soils within the Study area, and their impact on the location of Corridor Alternatives. e. Floodplain and Drainage: Identify, delineate, and map all base (100-year frequency) floodplains and all floodways that may affect the viability/location of any Corridor Alternative. Task 4: Existing Conditions Analysis The purpose of this study task is to provide a general evaluation of the level of service on the major roadways in the study area. The latest version of the FDOT Level of Service Tables or software will be utilized to define existing levels of service. Accomplishment of these objectives will occur through the following activities: A-8 Contract*16-6617"Randall Boulevard and Oil Well Corridor Study 16A1 1. Existing Traffic The Consultant will prepare a spreadsheet tabulation showing location specific values for: (1) the percent of daily traffic occurring in the peak hours; (2) the directional distribution of travel during the peak hours; and (3)the daily and peak hour truck percentages (where available). 2. Traffic Adjustment The Consultant will adjust the actual counts to represent average annual daily traffic volumes (AADT) using weekly seasonal adjustment factors provided by the County. 3. Link Level Analysis The Consultant will determine the associated roadway link levels of service based on the current version of the Highway Capacity Manual and associated support programs. 4. Existing Conditions Analysis Report All computer generated tabulations and illustrations (including truck/heavy vehicle flow patterns) related to the existing conditions analysis will undergo quality assurance checks by the Consultant and will be prepared for inclusion in the Existing Conditions Analysis Report. Tabular summaries of the existing level of service conditions will be prepared by the Consultant and reviewed by the County. 5. Social and Cultural Impacts All feasible project alternatives, including the no-build alternative, must be investigated. Community impact analysis addresses three general categories of impacts: 1. Direct impacts, such as loss of structural or environmental features in the Right of Way and relocation of residents or businesses; 2. Indirect impacts, those which are caused by direct impacts and often occur later in time or further away in distance than direct impacts; and 3. Cumulative impacts, the combined effects produced when seemingly minor project impacts take on greater significance when considered in combination with the impacts of other past, present, or reasonably foreseeable future actions. The relative magnitude of social and economic impacts can vary across communities, neighborhoods, and stakeholder groups due to differing degrees of sensitivity toward a particular issue or impact. An impact that is perceived by one community as significantly adverse might be widely tolerated or even desirable to another. Such variation can make determining the importance of an impact both challenging and unpredictable. Guidance to making this determination is gained through adaptation of criteria established by the CEQ Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR 1500-1508), as follows: 1. Probability of the effect occurring; 2. Number of individuals affected; 3. Likely duration of the impact; 4. Relative value of benefits or costs to groups (i.e., the intensity of the impact); 5. Extent that negative impacts can be mitigated; A-9 Contract#16-6617'Randall Boulevard and Oil Well Corridor Study 6 6. Likelihood and nature of secondary impacts; 1 A 1 7. Relevance to present and future policy decisions; 8. Level of uncertainty over possible effects; and 9. Presence or absence of controversy. The Consultant must develop a community profile through contact with local officials, summarizing the history, present conditions and anticipated future needs of the Corridor Study area. This profile will be used to describe the "affected environment" in the environmental document and will serve as the basis for identifying potential impacts of the proposed transportation improvement. The community profile will typically include: 1. A visual map or maps that depict physical characteristics, such as neighborhood boundaries, land uses, medical facilities, educational facilities (public and private), religious institutions, cemeteries (public and private), publicly owned facilities (parks, recreation areas, wildlife refuges), historic districts and sites, archaeological sites, fire station, civic facilities, government buildings, and commercial centers; 2. Narrative text that describes community characteristics, such as population demographics, economic, social history and values of the communities, the importance of various facilities, and plans for the future; and 3. Tables or graphics that summarize important data or conclusions, such as population demographics or employment trends. Social impacts that may occur as the result of proposed transportation improvements include impacts on community cohesion, community facilities and services, mobility and safety. The following sections provide specific guidance for documentation for each of the social impact areas: a. Community Cohesion The community profile development process will have allowed the analyst to reach conclusions regarding the degree of cohesiveness of various groups within the adjacent neighborhoods and the community as a whole. The Community Cohesion section should discuss the impacts of each alternative for the proposed action on this cohesiveness. The types of impacts that should be evaluated include: 1. Bisecting (dividing) neighborhoods; 2. Social isolation (isolating a portion of an ethnic group or neighborhood); 3. Facilitating new development (infill); 4. Urban renewal; 5. Decreased neighborhood size (relocation); 6. Joint land use; 7. Changes in property values; A-10 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study or communityaccess; 16 A 1 8. Changes in neighborhood 9. Changes in quality of life; 10. Changes in neighborhood identification; and 11. Separation of residences from community facilities. b. Community Facilities and Services Community services will have been identified during development of the community profile. The Community Facilities and Services section should address impacts of each alternative for the proposed action on these community facilities and services. The following specific types of facilities must be addressed: 1. Schools; 2. Religious institutions; 3. Parks, recreation centers and playgrounds; 4. Social service agencies; 5. Housing for the elderly, retirement centers, or other special needs residential facilities; 6. Hospitals and other medical facilities; 7. Community centers; 8. Senior centers; 9. Libraries; 10. Retail and other commercial establishments; 11. Day care centers; and 12. Emergency services, such as fire and police stations. c. Mobility The Mobility section should describe and discuss changes in travel patterns and accessibility (e.g., vehicular, commuter, bicycle, or pedestrian). Particular attention should be given regarding the effects of such changes on community mobility and neighborhood interaction. d. Safety The Safety section should discuss and evaluate the impacts of each alternative for the proposed action on both traffic and neighborhood safety. Neighborhood safety issues to be addressed include: 1. Police/emergency services, 2. Trucking/Hauling 4. Mining operations vehicles 3. Bicycle/pedestrian safety. Where the evaluation determines that potential impacts on neighborhood or traffic safety are substantial, the document should provide discussion of possible mitigation to reduce the impact potential. e. Economic Impacts Economic impacts that may occur as the result of proposed transportation improvements include changes in growth rates, business activity, property values, A-11 Contract#16-6617'Randall Boulevard and Oil Well Corridor Study" • -. and tax revenues. These impacts are generally related to one of two factors: changes in the accessibility of an area and/or changes in the local environment. The types of impacts that should be evaluated for businesses include: 1. Changes in regional traffic (bypass impacts); 2. Changes in business environment (noise, air quality, aesthetics, amenities, traffic volumes and traffic speed); 3. Access changes (delivery, employee, and customer); 4. Changes in customer and/or employee base (relocations); and 5. Compatibility with economic development plans. The type of impacts that should be evaluated for residential areas include: 1. Changes in residential environment (noise, air quality, aesthetics, amenities, traffic volumes and traffic speed); and 2. Changes in employment opportunities and retail shopping/services related to changes in businesses. The types of impacts that should be evaluated for local taxing authorities include: 1. Conversion of taxable property to public use; 2. Affected taxing authorities; and 3. Revenue losses and the effect on taxing authorities. f. Land Use Impacts The Land Use impacts will describe how the project will or will not meet the Long Range Transportation Plan and the local comprehensive plan by determining the following: 1. Existing and Future land Use; 2. Consistency with Land Use Planning; 3. Joint Land Use Development; 4. Aesthetics and Livability Impacts; 5. Relocation & Displacement Impacts Task 5: Corridor Alternatives Analysis and Ranking A Corridor Alternative is a comprehensive, conceptual proposal that illustrates and defines the development and improvement of new and existing transportation facilities and services, in order to increase the person-carrying capacity of the corridor and to carry local and through trips that improve urban mobility and goods movement. The proposal must be based on system analysis and identify the development and improvement of regional transportation facilities and services which influence the performance of the study corridor and other adjacent facilities. The proposal must be coordinated with state, regional, and local transportation plans. The 2040 Long Range Transportation Plan identified the Randall Boulevard/Oil Well Road Study Area. The study area surrounds the Randall Boulevard and Oil Well Road corridors and is intended A-12 Contract*16-6617"Randall Boulevard and Oil Well Corridor Study" 16A1 1 that this study clearly define the most appropriate corridor for needed multi-lane improvements to facilitate east-west travel. The Consultant shall develop, with County consultation and input from the first public workshop, initial Corridor Alternatives (three anticipated, maximum of five alternatives) for analysis. The Consultant will provide all necessary modeling for each of these Corridor Alternatives. Once the initial Corridor Alternatives have been defined, each alternative shall be analyzed in a similar manner and ranked against the other alternatives. The Consultant shall prepare an evaluation procedure that shall be reviewed and approved by the County. The Consultant shall perform any and all analyses necessary to define and select a final alternative. The following items shall be included in the analysis at a level of detail commensurate with the definition of initial corridor alternatives. All modeling will be accomplished utilizing the most recent Collier County MPO Travel Demand Model. 1. Determine Future Travel Demands The Consultant shall forecast Corridor Alternative travel demand volumes. The Consultant shall work with the County so that the future planning projects are addressed as appropriate for this Study's forecasting approach. This contact will ensure that the Study will utilize consistent data, principles, and assumptions that generate results compatible with other ongoing studies in the area. The Consultant shall present the results of the evaluation of the traffic projections to the Technical and Citizens' Advisory Committees meetings. Use of the travel projections are subject to County approval. The Consultant will develop future volumes for year 2040 Average Annual Daily Traffic (AADT) in sufficient detail to determine the future needs of the corridor for each alternative. 2. Design Analysis Utilizing the data collected as part of this scope of work, the Consultant shall perform the engineering analysis necessary to complete the project development process. The task of engineering analysis will be ongoing throughout the duration of the project and will be performed with consideration to the results of the environmental impacts analysis. After selection of viable corridor, the Consultant shall develop and analyze conceptual design alternatives. The development of the design alternatives shall consider the desires of the community with respect to landscaping, aesthetics, or other special features in order to satisfy the requirements of the County. The Consultant shall develop and evaluate all viable alternatives in order to address the project needs. 3. Typical Sections Analysis The Consultant will determine the typical sections required to meet the future travel demand of the corridors. The Consultant will also determine the location and general configuration of any intersections and/or connecting roadways along the corridors. A-13 Contract#16-6617'Randall Boulevard and Oil Well Corridor Stud' 16A1 6 1 4. Right-of-Way Analysis The Consultant will review available right-of-way data to determine existing boundaries. Analysis will include additional right-of-way requirements that will be required by the range of alternatives. 5. Cultural Features Analysis In the Consultant's development of the Corridor Alternatives, the mapped Cultural Features must be considered in the evaluation of the overall impacts. 6. Contamination Analysis In the Consultant's development of the Corridor Alternatives, the identified and mapped hazardous waste sites must be considered in the evaluation of the overall impacts. 7. Natural Features Analysis In the,Consultant's development of the Corridor Alternatives, the identified and mapped natural features must be considered in the evaluation of the overall impacts. 8. Cost Analysis The Consultant will prepare a comparison of all Corridor Alternatives based on estimated costs for construction and any additional right-of-way. Task 5.1 Preferred Alignment Conceptual Plans Upon approval of the "Preferred Alignment" by the Collier County Board of Commissioners, the Consultant shall prepare Conceptual Plans for the "Preferred Alignment" which define the proposed Typical Section(s), Alignment, ROW width and potential Pond Sites. County Planning and Right-of-Way staff will be able to use the Conceptual Plans to address agency/public/private inquiries regarding "future" roadway footprints. Conceptual Plans will include the following components: • Key Sheet— Showing Project Location and Limits • Typical Section Sheet(s) — Showing Typical Roadway Components /Widths • Plan and Profile Sheet(s) — Showing HorizontalNertical Roadway Geometry • Cross Section Sheet(s) — Showing Cross Sections* with ROWTTCE needs • Pond Siting Exhibit— Showing Requirements (location/size) within the Basins Cross Sections will be based on limited Survey Data obtained during the existing data collection phase of project. Complete Design Survey will be required once Project gets programmed into the Design Phase. Task 6: Executive Summary In summary detail and non-technical language, the Consultant will fully document the ranking process used in the Corridor Alternatives Analysis and Ranking Task. Further, the summary should include appropriate commentary and discussion of how the ranking of the Corridor Alternatives relate to MPO plans, local comprehensive plans, long-range transportation plans, the Florida Transportation Plan, and the plans of transportation authorities in the region. A-14 Contract#16-6617'Randall Boulevard and Oil Well Corridor The final recommendations shall be presented to the Collier Board of County Commissioners for final approval. The Consultant shall prepare the necessary handouts and graphics as well as provide staff for the presentation. Task 7: Project Management and Coordination The Consultant shall provide sufficient project management and coordination to assure production control and assistance to the County during the study. A series of up to eighteen (18) regular briefings will be held between the Consultant and the County. These briefings should be held at least every month, and to the extent possible, on a regular schedule. The purpose of these briefings is to keep the County updated of the progress of the study and the Consultant's findings, to confer on future courses of action, to schedule and coordinate the preparation of other meetings, and to ensure the study progress is maintained in accordance with the study schedule. When appropriate, representatives from other agencies may participate in these briefings. The County reserves the right to request additional briefings, on reasonable advance notice, should it become apparent that there are excessive schedule delays or unacceptable products. Task 8: Study Documentation The Consultant shall document the study process through a series of reports. Maximum use shall be made of tabular and illustrative presentations of Study data, analyses, and improvement recommendations. The documents and number of copies to be provided by the Consultant to the County are indicated in the following table: Document Review Publishe Published Final Draft d Draft Public Involvement Plan 3 5 Existing Data Report 3 10 Existing Conditions Report 3 10 Corridor Alternatives Analysis and Ranking Report 3 10 10 Comments and Coordination Report 3 10 Executive Summary , 3 25 Copies of all written correspondence between the Consultant and any party pertaining specifically to this study shall be provided to the County for their records within one (1) week of the receipt of said correspondence. Upon completion of the Study, the Consultant shall deliver to the County, in an organized manner, all project files, maps, sketches, worksheets, and other materials used or generated during the study process. All reports, graphics, presentations and CADD files developed during the course of the Corridor Study shall be submitted in electronic format on CD-R or DVD-R. These files shall be in their native format from the source program they were created in. The directory structure of the CD-R or DVD-R shall meet the requirements of the current FDOT CADD Production Criteria Handbook. In addition, all reports, associated graphics and concept plans shall be submitted in PDF Format on a separate CD-R or DVD-R. The Consultant shall submit 10 copies of each CD-R or DVD-R clearly labeled with the Project Number, project description, name of firm doing the work and the creation date of the media. Certain documents prepared by the Consultant will require to be provided to the County in format such as Microsoft Word, Excel and possibly in a PDF Format. A-15 Contract#16-6617'Randall Boulevard and Oil Well Corridor Stud" SCHEDULE B BASIS OF COMPENSATION 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. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. TASK LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1. Project initiation $2,408.00 Monthly Upon Percent Complete of Task 2. Public Involvement $82,396.00 Monthly Upon Percent Complete of Task 3. Collection of Existing Data $174,324.00 Monthly Upon Percent Complete of Task 4.— Existing Conditions Analysis $50,936.00 Monthly Upon Percent Complete of Task 5. Corridor Alternatives Analysis and $211,516.00 Monthly Upon Percent Complete of Ranking Task 5.1 Preferred Alignment Conceptual $44,592.00 Monthly Upon Percent Complete of Plans Task 6. Executive Summary and BOCC $18,256.00 Monthly Upon Percent Complete of Presentation Task 7. Project Management/Meetings and $22,784.00 Monthly Upon Percent Complete of Coordination Task 8. Study Documentation $55,284.00 Monthly Upon Percent Complete of Task TOTAL FEE (Total Tasks 1-8) $662,496.00 Monthly Upon Percent Complete of Task B-1 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study" 16A1 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Six-Hundred Sixty Two Thousand, Four Hundred Ninety Six Dollars ($662,496.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. 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.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by 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 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 Project name and shall not be submitted more than one time monthly. B-2 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stu. it I 1641 B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. 6.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., oras set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 6.3.4.1.1 Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2 Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by 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. 6.3.4.1.3 Permit Fees required by the Project. 6.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. 6.3.4.1.6 Other items on request and approved in writing by the OWNER. B-3 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stu 41/) i Attachment 1 6 A SCHEDULE B: RATE SCHEDULE Standard Hourly Title Rate Principal $ 206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior Engineer $ 157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $ 76.00 Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $ 93.00 Senior Scientist/Geologist $ 11800 Marine Biologist/Hydrogeologist $ 110.00 Senior Marine Biologist/Hydrogeologist $ 138.00 Senior GIS Specialist $ 139.00 GIS Specialist $ 102.00 Clerical/Administrative $ 62.00 Senior Technician $ 85.00 Technician $ 72.00 Surveyor and Mapper $ 120.00 CADD Technician $ 81.00 Survey Crew-2 man $ 130.00 Survey Crew-3 man $ 161.00 Survey Crew-4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 The above hourly rates are applicable to Time and Materials task(s) only and may not be all inclusive. Additional hourly rates for other personnel may be added upon mutual agreement in advance and in writing by the Project Manager and the Consultant, without further Board approval. B-4 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study" C 16 /U SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days For Completion of Task Description from Date p Notice to Proceed for Services under this l ( Agreement 1. Project initiation 608 days 2. Public Involvement 608 days 3. Collection of Existing Data 608 days 4. Existing Conditions Analysis 608 days 5. Corridor Alternatives Analysis and 608 days Ranking 6. Executive Summary and BOCC 608 days Presentation 7. Project Management/Meetings and 608 days Coordination 8. Study Documentation 608 days C-1 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stud 0 a SCHEDULED 16A I 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 D-1 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stu 0 C,F 16A1 coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the 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 D-2 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stud it) purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the 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) X $100,000 Each Accident $100,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee D-3 Contract#16-6617'Randall Boulevard and Oil Well Corridor Stud 16A . (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 (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: Single Limit per Occurrence $300,000 Products/Completed Operations Aggregate $300,000 Aggregate $300,000 D-4 Contract#16-6617"Randall Boulevard and Oil Well Corridor Stud C t�r� Single Limit per Occurrence $500,000 Products/Completed Operations Aggregate $500,000 Aggregate $500,000 X Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Aggregate $2,000,000 (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) 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 (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. X Applicable X Not Applicable D-5 Contract*16-6617'Randall Boulevard and Oil Well Corridor Study' 60 AUTOMOBILE LIABILITY INSURANCE 16 A Required by this Agreement? Yes X No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage -$ 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) Project 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 D-6 Contract#16-6617'Randall Boulevard and Oil Well Corridor Study" 1 6 A 1 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: X $1,000,000 per occurrence (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, D-7 Contract#16-6617 Randall Boulevard and Oil Well Corridor Study 6 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. 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. D-8 Contract#16-6617"Randall Boulevard and Oil Well Corridor Study" 16 (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-9 Contract#16-6617'Randall Boulevard and Oil Well Corridor Stud 10 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CH2M Hill Engineers, 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 Randall Boulevard and Oil Well Corridor Study are accurate, complete and current as of the time of contracting. CH2M Hill Engineers, Inc. BY: lifra TITLE: 4$69 Ar ( DATE: /2/Z//(--, E-1 Contract*16-6617"Randall Boulevard and Oil Well Corridor St 19 16A1 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Category % of time Tara Jones, PE Project Manager/Coordinator 35% Adam Ahmad Deputy Project Manager 20% William D. Beddow, PE Vice President and Principal-in-Charge 5% Bill Gramer, PE Vice President and Transportation Manager 5% Michelle Greene Public Involvement 20% Tunch Orsoy Environmental Specialist 15% F-1 Contract#16-6617'Randall Boulevard and Oil Well Corridor Stu. 1 6 4 1 AC ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) �----- 09/26/2016 , 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(les) 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 MARSH USA INC. NAME: PHONEX 1225 17TH STREET,SUITE 1300 (A/C.No.Ext): (FAC ,No): DENVER,CO 80202-5534 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 15114-12345-5EX2P-16/17 063009 CAINSURER A:Greenwich Insurance Company 22322 INSURED INSURER B:N/A N/A CH2M HILL,INC. 5801 PELICAN BAY BLVD,SUITE 505 INSURER C:XL Specialty Insurance Company 37885 NAPLES,FL 34108 INSURER D:Zurich American Insurance Co 16535 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-003077028-02 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY X X EACH OCCURRENCE _ $ 1,500,000 A CLAIMS-MADE X OCCUR RGE500025505 05/01/2016 05/01/2017 PREM SES(Ea occu AMAGE TO RENTED nce) $ 1,500,000 X $500,000 SIR MED EXP(Any one person) $ PERSONAL&ADV INJURY _ $ 1,500,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 5,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ AUTOMOBILE LIABILITY X X (COMEaaBINED SINGLE LIMIT $ 2,000,000 A X ANY AUTO RAD500025405 05/01/2016 05/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY $ AUTOS AUTOS (Per accident) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE _ $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- C (AND EMPLOYERS'LIABILITY Y I N RWD500025205(AOS) 05/01/2016 05/01/2017 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA E.L.EACH ACCIDENT $ 1,000,000 Q OFFICER/MEMBER EXCLUDED? (Mandatory in NH) RWR500025305(WI) 05/01/2016 05/01/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D PROFESSIONAL LIABILITY* E0C3829621-14 05/01/2016 05/01/2017 Each Claim&Aggregate $2,000,000 Each Policy Period DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) REF:CONTRACT#16-6617,RANDALL BOULEVARD AND OIL WELL CORRIDOR STUDY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS.COLLIER COUNTY GOVERNMENT,COLLIER COUNTY,FLORIDA ARE INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. COVERAGE PROVIDED BY THE ABOVE GENERAL LIABILITY AND AUTO POLICIES SHALL BE PRIMARY AND NON-CONTRIBUTORY AND IS LIMITED TO THE LIABILITY RESULTING FROM THE NAMED INSURED'S OWNERSHIP AND/OR OPERATIONS. GENERAL LIABILITY,AUTO LIABILITY AND WORKERS'COMPENSATION POLICIES INCLUDE A WAIVER OF SUBROGATION. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: CAMILLE SHIM-MARINOS PROCUREMENT TECHNICIAN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL EAST ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES,FL 34112-4901 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Sharon A.Hammer . 12,,,;',,,,-,, CCZ-oVQ .,,F ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registeredmarks of ACORD 1 AA AGENCY CUSTOMER ID: 15114 LOC#: Denver AC R® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA INC. CH2M HILL,INC. 5801 PELICAN BAY BLVD,SUITE 505 POLICY NUMBER NAPLES,FL 34108 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance *FOR PROFESSIONAL LIABILITY COVERAGE,THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED.THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16 A 1 ENDORSEMENT#007 This endorsement, effective 12:01 a.m., May 1, 2016 forms part of Policy No.RAD500025405 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled or non renewed for any statutorily permitted reason or if coverage is materially reduced, or coverage is cancelled for non-payment of premium advanced written notice will be mailed to the person or entity according to the notification schedule shown below: Number of Days Number of Advanced Days Notice of Advanced Cancellation or Notice of Name of Person or Entity Mailing Address: Statutorily for Non- Permitted Payment of Reasons or if Premium Coverage is Materially Reduced Any entity,person or TBA organization where required by any contract, permit or access 60 days 10 days agreement For the purpose of this endorsement, non-renewal shall mean solely non-renewal of the Policy and shall not include expiration or Notice of Conditional Renewal. Material reduction in coverage,shall mean,with the Insured's agreement: • policy limits shown in the declarations page get amended; or • change in the deductible or self-insured retention, except where specific contract or project retentions are requested and agreed to by You and Us; or • the application of a new policy exclusion not contemplated at inception except as required per state rules and regulations. All other terms and conditions of the Policy remain unchanged. (Authorized Representative) MANUS rD 2016 X.L.America, Inc.All Rights Reserved, May not be copied without permission. 1 6 A ENDORSEMENT#026 This endorsement, effective 12:01 a.m., May 1, 2016 forms a part of Policy No.RGE5000255-05 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled or non renewed for any statutorily permitted reason or if coverage is materially reduced, or coverage is cancelled for non-payment of premium advanced written notice will be mailed to the person or entity according to the notification schedule shown below: Number of Days Number of Advanced Days Notice of Advanced Cancellation or Notice of Name of Person or Entity Mailing Address: Statutorily for Non- Permitted Payment of Reasons or if Premium Coverage is Materially Reduced Any entity,person or organization where required by any contract, permit or access TBA 60 days 10 days agreement For the purpose of this endorsement, non-renewal shall mean solely non-renewal of the Policy and shall not include expiration or Notice of Conditional Renewal. Material reduction in coverage shall mean,with the Insured's agreement: • policy limits shown in the declarations page get amended; or • change in the deductible or self-insured retention, except where specific contract or project retentions are requested and agreed to by You and Us; or • the application of a new policy exclusion not contemplated at inception except as required per state rules and regulations. All other terms and conditions of the Policy remain unchanged. (Authorized Representative). MANUS ©2016 X.L.America, Inc.All Rights Reserved, May not be copied without permission. 16 A 1 Endorsement# I Notification to Others of Cancellation Electronic Schedule ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'l Prem. Return Prem. EOC 3829621-14 05/0112016 05/01/2017 05/01/2016 29253000 Named Insured and Mailing Address: Producer: CH2M Hill Companies, Ltd. Marsh USA,Inc. 9191 S Jamaica St 1225 17th St Ste#2100 Englewood CO 80112-5946 Denver CO 80202-5521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Architects and Engineers Professional Liability Insurance Policy In consideration of the premium already charged,we agree with you,subject to all teens, exclusions, and conditions of the policy that: A. If we cancel this policy by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule provided to us by the first "Named Insured". Such schedule: a. Must be initially provided to us within 15 days: (1) After the beginning of the policy period shown in the Declarations; or (2) After this endorsement has been added to the policy; b. Must contain the names and addresses of only the persons or organizations requiring notification that this Policy has been cancelled; c. Must be in an electronic format that is acceptable to us; and d. Must be accurate. Such Schedule must be updated and provided to us, by the first "Named Insured", during the policy period. Such updated Schedule must comply with paragraphs b., c., and d. above. 2. At least thirty (30) days prior to the effective date of the cancellation,as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule provided to us. B. Our notification, as described in Paragraph A. of this endorsement, will be based on the most recent Schedule provided to us by the first"Named Insured"as of the date the notice of cancellation is mailed. C. Proof of mailing will be sufficient proof that we have complied with Paragraph A. of this endorsement. We are not responsible for the accuracy, integrity,timeliness and validity of information contained in the Schedule provide to us as described in Paragraphs A. of this endorsement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Signed By: 5/1/2016 Authorized Representative Date U-GL-113-A CW (4/90) 16A1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 77 (Ed. 0515) NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL COVERAGE REDUCTION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX—CONDITIONS: Notice Of Cancellation, Nonrenewal Or Material Coverage Reduction To Designated Persons Or Organizations If we cancel or non-renew this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation or non-renewal to each person or organization designated in the Schedule below. We will mailor deliver such notice to each person or organization at its listed address the number of days shown for that person or organization before the cancellation or nonrenewal is to take effect. In the event of a change that materially reduces or restricts the coverage afforded by this policy, other than reduction of limits of liability through payment of claims, we will provide notice of such coverage reduction to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address the number of days shown for that person or organization before the reduction is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation, nonrenewal or material reduction in coverage to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation, nonrenewal or reduction. SCHEDULE Name and Address of Designated Persons or Organizations: Number of Days Notice Any entity, person or organization where required by contract, permit 60 or access agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: May 1, 2016 Policy No.: RWD5000252-05 Endorsement No. Insured: CH2M HILL COMPANIES, LTD. Premium: $ Included Insurance Company: XL Specialty Insurance Company <L.72 '• Countersigned By: WC 99 06 77 Ed.0515 ©2015 X.L.America,Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission 1 6 A i di 2/WI e SECRETARY CERTIFICATE I, Cheryl J. Rimas, Assistant Secretary of CH2M HILL Engineers, Inc., hereby certify that Kenneth Wooten is Designated Manager of CH2M HILL Engineers, Inc. - , and has been granted authority in accordance with our Signature Authority Policy to execute documents on behalf of the company. -- GiivE. sl iEry Dated this 3rd day of October, 2016. : .v----- fi I4 of_, SEAL ' 'z4e:sel-1, - - 7 %I. .s• Cheryl J. Rimas, ' l t Secretary`-� ''tt„, 0� _f I te=a....:- State of Colorado County of Douglas Subscribed and sworn to before me by Cheryl J. Rimas this 3rd day of October 2016. C i ILL NI 67",e No Public JULIE T ARNOLD Notary Public State of Colorado Notary ID 19984008241 My Commission "'rea Mar 23,2018 Detail by Entity Name Page 1 of 3 1 6 Al Florida Department of State DIVISION OF CORPORATIONS Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Foreign Profit Corporation CH2M HILL ENGINEERS, INC. Filing Information Document Number F04000000108 FEI/EIN Number 32-0100027 Date Filed 01/07/2004 State DE Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 08/29/2007 Event Effective Date NONE Principal Address 9127 S.JAMAICA STREET ENGLEWOOD,CO 80112 Changed:03/17/2009 Mailing Address 9191 S.JAMAICA ST. ATTN:TAX ENGLEWOOD,CO 80112 Changed:04/27/2009 Registered Agent Name&Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND RD PLANTATION, FL 33324 Name Changed:02/28/2007 Address Changed:02/28/2007 Officer/Director Detail Name&Address Title SEC HILTY,SARAH K 9191 S JAMAICA ST ENGLEWOOD,CO 80112 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/16/2016 Detail by Entity Name Page 2 of 3 . 16A1 Title VP/TRES MATHEWS,STEVEN 9191 S.JAMAICA ST. ENGLEWOOD,CO 80112 Title VP BAUER-MARTINEZ,JOHN 9191 S.JAMAICA ST. ENGLEWOOD,CO 80112 Title Director MCINTYRE, GREGORY T 9191 S.JAMAICA ST. ENGLEWOOD,CO 80112 Title VICE PRESIDENT POWELL,WILLIAM M 10123 ALLIANCE RD.,#300 CINCINNATI,OH 45242 QJ� Title Asst.Secretary RIMAS,CHERYL JETT 9191 S.JAMAICA ST. ENGLEWOOD,CO 80112 Title ASSISTANT VICE PRESIDENT AHMAD,ADAM 5801 PELICAN BAY BLVD,#505 NAPLES, FL 34108 Title PRESIDENT, DIRECTOR GROSS, FRANK C,JR 14701 ST.MARY'S LN.,#300 HOUSTON,TX 77079 Annual Reports Report Year Filed Date 2015 04/20/2015 2015 04/30/2015 2016 04/19/2016 Document Images 04/19/2016--ANNUAL REPORT View image in PDF format 04/30/2015--AMENDED ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/16/20 1 6 Detail by Entity Name Page 3 of 3 16A1 04/20/2015--ANNUAL REPORT View image in PDF format 10/22/2014--AMENDED ANNUAL REPORT View image in PDF format 04/17/2014--ANNUAL REPORT View image in PDF format 04/22/2013--AMENDED ANNUAL REPORT View image in PDF format 02/15/2013--ANNUAL REPORT View image in PDF format 04/18/2012--ANNUAL REPORT View image in PDF format 04/25/2011--ANNUAL REPORT View image in PDF format 04/08/2010--ANNUAL REPORT View image in PDF format 04/27/2009'--ANNUAL REPORT View image in PDF format 04/23/2008--ANNUAL REPORT View image in PDF format 08/29/2007--Name Change View image in PDF format 05/04/2007--ANNUAL REPORT View image in PDF format 02/28/2007--Req.Agent Change View image in PDF format 04/27/2006--ANNUAL REPORT View image in PDF format 03/28/2005--ANNUAL REPORT View image in PDF format • 01/07/2004--Foreign Profit View image in PDF format : :ca;r.r.�.a...p��ws:h.siuii,ix;>;ma.:m-:�•=,�r.�•,�qv http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/1 6/20 1 6