Agenda 05/12/2015 Item #14B1EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA) accept Staff and the
MSTU Advisory Board’s response to Mr. Bob Messmer’s public comments at the April 28, 2015
BCC meeting.
OBJECTIVE : CRA Operations Manager, Jean Jourdan, Ms. Beth Brainard of the Naples
Pathway Coalition, Chris Wright and Keisha Weisbrook, P.E., of RWA and the Bayshore
Beautification MSTU Chairman Maurice Gutierriez to respond to Mr. Bob Messmer’s public
comments at the April 28, 2015 BCC meeting.
CONSIDERATION : In January Mr. Bob Messmer forwarded an e-mail to several
Commissioners stating the option selected by the Bayshore Beautification MSTU Advisory
Board for the Thomasson Drive Streetscape project was unsafe for bicyclist and was selected
merely because it was the lowest cost. On April 10, 2015 Mr. Messmer sent letters to all
Commissioners stating the same. CRA staff forwarded the Commissioners a copy of the same
information that had been provided to Mr. Messmer stating the option selected was deemed to be
the safest option by the professional engineers and the Naples Pathway Coalition.
FISCAL IMPACT : None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises
no legal issue, and requires majority vote for acceptance of the report. -JAK
GROWTH MANAGEMENT : There is no impact on the County’s long-range planning effort.
RECOMMENDATION : Recommendation that the Community Redevelopment Agency
(CRA) accept Staff and the MSTU Advisory Board’s response to Mr. Bob Messmer’s public
comments at the April 28, 2015 BCC.
PREPARED BY: Jean Jourdan, CRA Operations Manager
Bayshore/Gateway Triangle CRA
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COLLIER COUNTY
Board of County Commissioners
Item Number: 14.14.B.14.B.1.
Item Summary: Recommendation that the Community Redevelopment Agency (CRA)
accept Staff and the MSTU Advisory Board’s response to Mr. Bob Messmer’s public comments
at the April 28, 2015 BCC meeting.
Meeting Date: 5/12/2015
Prepared By
Name: JourdanJean
Title: CRA Operations Manager, County Redevelopment Agency
5/5/2015 12:17:53 PM
Submitted by
Title: CRA Operations Manager, County Redevelopment Agency
Name: JourdanJean
5/5/2015 12:17:54 PM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 5/5/2015 12:42:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/6/2015 8:12:37 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 5/6/2015 8:36:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/6/2015 8:47:20 AM
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Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/6/2015 3:04:59 PM
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Contract# 13-6012 "StreetscapeImprovements Design of
Thomasson Driveand HamiltonAvenue"
PROFESSIONALSERVICES AGREEMENT
THIS AGREEMENT is made and entered into this '
eh
day of ,„).c,e— 2014
by and between the Board of County Commissionersfor Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
RWA, Inc., authorized to do business in the State of Florida, whosebusiness address is 6610
Willow Park Drive, Suite 200, Naples, Florida34109, (hereinafter referred to as the
CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain professional Design services of the
CONSULTANT concerning StreetscapeImprovements Design of Thomasson Drive and
Hamilton Avenue (hereinafter referred to as the "Project"), said services being more fully
described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of thoseservices;
and
WHEREAS, the CONSULTANT represents that it has expertise in thetype of
professional servicesthat will be required for theProject.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, theparties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design services in all phases of
the Project to which this Agreement applies.
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1.2. The Basic Services tobe performed by CONSULTANT hereunder areset forth in the
Scope of Services described in detail in Schedule A. Thetotal compensation to be paid
CONSULTANT by the OWNER for all Basic Services is setforth in Article Five and Schedule B,
Basis of Compensation", which is attachedhereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required todo 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 responsiblefor regulating and licensingthe professional
services to be provided and performed by the CONSULTANTpursuant to this Agreement.
1.4. The CONSULTANT agreesthat, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other formof legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Christopher O. Wright, P.E., CEO, a qualified licensed
professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
Project Coordinator"). TheProject 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 tobindand obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior writtenapproval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
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1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptlyremove and replacethe Project Coordinator, or any otherpersonnel
employedor retained by the CONSULTANT, orany 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 therequirementsof 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 CONSULTANTrepresents 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
theOWNER'S review and approval and shall be in accordance with the generally accepted
standards of professionalpractice in the State of Florida, as well as in accordance with all
applicable laws, statutes, includingbut not limited to the Local Government Prompt Payment Act
218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances,
codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdictionover the Project or the
services to be provided and performed by CONSULTANT hereunder. In the event of any
conflicts in theserequirements, the CONSULTANT shall notifythe OWNER of such conflict and
utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of thedesign documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documentsnecessaryforsuccessful construction of
the Project.
1.7.1 The Countyreservesthe 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
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and/or federal requirements and/or codes and ordinancesapplicable to Consultant's
performanceof the work as related to the project. This list is not deemed to be all-inclusive, and
theCounty reserves the right to make sole determination regarding deductions. After notification
of deficiency, if theConsultantfails to correctthe deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultantfor services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not theCounty obtainedsubstitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to anythird person, firm
or organization, without OWNER'S prior written consent, orunless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in thecourse of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shallrequire 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 drawingsreferencing a specific geographic area
must be submitted in a MicroStation DGN or AutoCAD DWG format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
eitherreference 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. Informationlayers 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.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
Theagreed upon scope, compensation and schedule forAdditional Services shall be setforth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will beas
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at thetime
such services are authorized. Theseservices will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergencyendangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs ofAdditional Services commenced
without such express prior written approval. Failure to obtain such priorwritten approvalfor
Additional Services will be deemed: (i) a waiver of anyclaim 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
determinesthat a change in the Agreement is required because of the actiontaken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequencesof the changes or variations, provided thatCONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should haveknown of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise mayhave had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwisespecified 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.
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2.2. Servicesresulting from significant changes in the general scope, extent or character of
the Project or its design including, butnot limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
ContractDocumentspreviously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or ordersenacted subsequent to and not
reasonably anticipated prior to the preparationof such studies, reports or documents, orare due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providingrenderings 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 processesavailable for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professionalassociates and consultants for other
thanthe Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during traveloutside ofCollier andLee Countiesrequired of CONSULTANT and
directed by OWNER, other than visits to the Projectsite 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 orwitness 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).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwiseprovided for in this Agreement ornot customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). TheProject Manager shall have authorityto 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 verbalor 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) Thescope of services to be provided and performed by theCONSULTANT
hereunder;
b) Thetimethe CONSULTANT is obligated to commence and complete all such
services; or
c) Theamount of compensation the OWNER is obligated orcommitted to pay the
CONSULTANT.
3.2. The Project Manager shall:
a) Review and make appropriate recommendations onall requests submitted by
the CONSULTANTfor payment forservices and work provided and performed
in accordance withthis Agreement;
b) Provide all criteria and informationrequested by CONSULTANT as to OWNER's
requirements for the Project, including designobjectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetarylimitations;
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c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possessionpertinent to the Project, including existingdrawings, 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 CONSULTANTunder this
Agreement; and
e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services tobe 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 obstructedor delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control ofCONSULTANT, and not due
to its own fault or neglect, includingbutnotrestricted to acts of natureor 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 writingwithin five (5) working days after
commencement ofsuch 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 forthat
specificdelay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S servicesfrom any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shallrelieve CONSULTANT of its duty to
performor give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S soleremedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect ofCONSULTANT, the services tobe provided
hereunder havebeen 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 incrementalincrease in costs experienced by CONSULTANT, if any, as a result of
suchdelays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder ina timely manner, in addition to any other rights or remedies
available to the OWNERhereunder, 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 resumesperformance of its obligations hereunder in such a manner so as to
reasonablyestablish to the OWNER's satisfactionthat the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shallany approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement orany payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have againstCONSULTANT for delay or
any other damageshereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and themannerofpayment of such compensation by theOWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNERcopies 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 specifywhether
the originalsor copies of suchProject Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
Notwithstanding anything in this Agreement to thecontrary and without requiring OWNER to pay
any additional compensation, CONSULTANT herebygrants to OWNER a nonexclusive,
irrevocablelicense in all of the Project Documents for OWNER'S useon this Project.
CONSULTANT warrants to OWNERthat it hasfull rightand authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the ProjectDocuments to
complete the Project following CONSULTANT'S termination for anyreason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNERmay be making Project Documents available for review and information
to various thirdparties and herebyconsents to such useby OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
orreflect its services hereunder. Therecords and documentation will be retained by
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CONSULTANT for a minimum of five (5) years from (a) thedate of termination of this
Agreement or (b) the date the Project is completed, whichever is later, orsuch laterdate as may
be required by law. OWNER, or any duly authorized agents or representativesofOWNER,
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 suchlaterdate as may be required by law; provided,
however, such activity shall be conducted only during normalbusiness hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmlessOWNER, its officers and employees fromany and all liabilities, damages, losses
and costs, including, butnotlimited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT oranyoneemployed or utilized by the CONSULTANT in theperformance of this
Agreement. This indemnificationobligation shall not be construed to negate, abridgeor reduce
any other rights or remedies which otherwise may be available to an indemnified party orperson
described in this paragraph.
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ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of thetypes and in theamountssetforth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be fromresponsible companies duly authorized to do business in the
State of Florida.
9.3 All insurancepoliciesrequired by this Agreement shall includethe followingprovisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liabilitypolicy, and the WorkersCompensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, asan additional insured as to the operationsof CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurancepolicy or policies shall have no recourseagainst
OWNER forpayment of premiums or assessmentsfor any deductibles which all are at
the sole responsibility andrisk ofCONSULTANT.
9.3.3. All insurance coverage ofCONSULTANT 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, orreference this contractnumber.
9.3.5. All insurancepolicies 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 extentinsuranceproceeds are paid and received by
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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 thefollowing minimum requirements:
9.5.1 . The insurance company must be duly licensed and authorized by the Department
of Insurance of theState 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" orhigher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. Theservices to be performedhereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use ofthe services of any other personorfirm 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 partyor any third partyany claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends toutilize 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.
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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, tothe 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 protectthe rights of the OWNER
underthis Agreement with respect to the Services tobe performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof willnot prejudice such rights.
Whereappropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similaragreements with its sub-subconsultants orsub-subcontractors.
10.4 CONSULTANTacknowledges and agrees thatOWNER 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 contractualrelationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptanceof final payment shall constitute a full waiver of any and all
claims, exceptfor 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 termsof this Agreement and identified by CONSULTANT as unsettled at
thetime of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any ofOWNER'S rights againstCONSULTANT.
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ARTICLETWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material defaultof this Agreement and such default
will be considered cause for OWNER to terminatethis 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 undertheNotice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timelyperform the services to be provided hereunder or
as directed by OWNER, or (c) thebankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditionsof 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 thatCONSULTANT was not in default, or that its default was
excusable, or that OWNERotherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall havethe right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the eventof such
termination forconvenience, CONSULTANT'S recoveryagainst OWNER shall be limited to that
portion of thefee earned throughthe date of termination, together with any retainage withheld
and anycosts reasonablyincurred by CONSULTANTthat are directlyattributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
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OWNER, including, but not limitedto, anticipatedfees 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 thosedescribed in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shallhavethe 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 oranyportion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be toseek an
extension of time to its schedule in accordance withthe procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to makeany undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such othertime as required by Florida's Prompt
Payment Act or (ii) OWNERotherwisepersistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days ofreceivingwritten notice of same from CONSULTANT, then
CONSULTANT may stop its performanceunder 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 stoppedfor a period of onehundred
and twenty (120) consecutive days through no actor faultof the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other personsperforming
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER ofCONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
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receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' writtennotice 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 NEGOTIATIONREPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
orperson, other than a bona fide employee working solely forCONSULTANT, tosolicit 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 resultingfrom 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 executethe requiredTruth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unitcosts
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 significantsums by whichtheOWNER determines the Agreement price
was increaseddue to inaccurate, incomplete, ornon-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 hasno interest and shall acquire no interest,
eitherdirect or indirect, whichwould conflict in any manner with the performance of services
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required hereunder. CONSULTANT further representsthat 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 theparty or partiesintended to be bound by it.
ARTICLE SIXTEEN
NOTICESAND ADDRESS OF RECORD
16.1. All notices required ormade 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 PostalService Department, first class mail service, postage prepaid, addressed to
thefollowing OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL34112
Attention: Joanne Markiewicz, Director, Procurement Services
Telephone: 239-252-8407
Fax: 239-252-6480
16.2. All notices requiredor madepursuant to this Agreement to begiven by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered byhand, by fax or by the
United StatesPostalService Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S addressof record:
RWA, Inc.
6610 Willow ParkDrive, Suite 200
Naples, FL 34109
Telephone: 239-597-0575
Fax: 239-597-0578
Attn: Christopher O. Wright, PE, CEO
Email: cwright(a consult-rwa.com
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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 thebest interests ofOWNER
and assume towardsOWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed tobe a waiver of any other breach andshall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Partsand Attachments as contained in this
Agreement are for thepurpose of convenience only and shall not be deemed to expand, limit or
changethe provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referencedSchedules and Attachments hereto, constitutes
the entire agreement between the partieshereto and shall supersede, replace and nullify any
and all prioragreements or understandings, written or oral, relating to the matter set forth
herein, and any such prioragreements orunderstanding shallhave no force or effect whatever
on this Agreement.
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17.7 Unless otherwiseexpressly notedherein, all representations and covenants of theparties
shall survive theexpiration or terminationof 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 butone and the same instrument.
17.9 Theterms and conditions of the followingSchedulesattached hereto areby this
referenceincorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECTMILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 13-6012 "Streetscape Improvements Design ofThomasson Drive and
Hamilton Avenue", Terms and Conditions
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in CollierCounty, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
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ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrantsthat CONSULTANT has not employed or retained any company
or person, other than a bona fide employee workingsolely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT hasnot paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee workingsolely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At thetime this Agreement is
executed, CONSULTANT shall signand deliver to OWNER theTruth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it hasbeen
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statuteswhich read as follows:
A person oraffiliate who has been placed on the convicted vendor list
following a conviction for a publicentity crime may not submit a bid,
proposal, orreply on a contract to provide any goodsorservices to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction orrepair of a publicbuilding or public work; may
not submit bids, proposals, or replies on leases of real property to a public
entity, may not be awarded orperform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
maynot transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORYTWO for a period of 36
months following the date of being placed on the convicted vendor list."
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ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to theinitiation of anyaction or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolveany 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 commencementof depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute throughMediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representativesofCONSULTANT with full decision-making authority and
by OWNER'S staff personwho would make the presentation of anysettlement reached at
mediation to OWNER'S board for approval. Should eitherparty fail to submit to mediation as
required hereunder, the other party mayobtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledgingwithout exception or stipulationthat it is fully responsible for complying with the
provisions of theImmigration Reformand Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply withthe laws referencedherein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterallyterminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Streetscape Improvements Design of Thomasson Drive and Hamilton
Avenue the day and year first writtenabove.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIERCOUNTY, FLORIDA,
Dwig E `Brock;'
Datef> By:
Attest as,to Chairman s om Henning, Chairm
signatureonly.
Approved asto Form and Legality:
0400;144Agette
Assistant County Attorney
CoIIP n M.Greene
Name
RWA, Inc.
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Na e an Title fiss,51„,i Name and Title
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SCHEDULE A
SCOPE OF SERVICES
Contract# 13-6012 "Streetscape Improvements Design of
Thomasson Drive and Hamilton Avenue"
The MSTU conducted a master planning process which identified the improvements for
Thomasson Drive and Hamilton Avenue as a priority project. In October 2011 the MSTU
commenced the conceptual design for the project with an engineering firm. This exercise
producedalternative designs for the public to review. The MSTU plans to construct the
improvements in 2014.
SCOPE OF WORK:
Thepurpose of this project is to improve a section of Thomasson Drive from Orchard Lane
heading west. Improvementscontinue as the road turns into Hamilton Avenue going south. The
scope of these services is to includethose required for the proper administrationof all phases of
the design as well as post design services.
PHASE I — DATA COLLECTION:
The CONSULTANT shall furnish two (2) copies ofthe plans and supporting documents to the
COUNTY for the purpose of review and approval of each project phase noted below unless
stated otherwise.
Control and Topographic Survey, Environmental Assessment, Geotechnical Reports
Task 1 — Project Management
CONSULTANT shall provide the following services:
a. Prepare for, attend and follow-up up to six (6) projectmeetings with the COUNTY.
b. Issue the COUNTY communications and monthly progressreports.
c. Prepare for, attend and follow-up up to two (2) MSTU Board Meetings.
d. Prepare for, attend and follow-up up to two (2) stakeholder, agency and/or adjacent
property owner meetings.
e. Coordination and oversight project sub-CONSULTANTs.
f. Overall Quality Assurance / Quality Control all project submittals.
Task 2 — Survey
The CONSULTANT shallprovide a detailed topographic and control surveyof theexisting
conditions within theright-of-way limits. Allwork shall be certified by a professionally registered
surveyor in the State of Florida.
2.1 Control Survey.
a. Reproduce all recorded right-of-way and baseline information. Right-of-way it A-1
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shall include all intersecting roads within the project limits. All right-of-way
information shall be labeled, including, date, bearings and distances. In addition
the following information shall be noted:
i. Horizontal datum — tied into the Florida State Plan Coordinate System,
NAD 1983/1999 Adjustment. RWA will provide project control network
sheets for thesurveybaseline control pointsinstead of setting reference
points.
ii. Physical ties to each benchmark—permanent benchmarks shall be
established at 500-footintervals along the roadway.
iii. Vertical datum (benchmarks) — NAVD1988.
iv. Locate visible boundary monuments.
v. Existing layout shall be tied to the existing right-of-way.
vi. Locate existing visible property markers (e.g. — iron pipe, concrete
monuments, etc.).
vii. Tie buildings located within the proposed limits of the project to the
existing right-of-way.
viii. Property ownershipshall be determined from CollierCounty records,
title reports, andoth er appropriate sources and incorporated into the
plan drawings and files. Property lines do not need to be surveyed, but
shall be verified utilizing any visible propert y markers , whereve r
possible.
2.2 Topographic Survey.
a. Detail info rmation - Survey shall include all physical features which accurately
depict the existing condition of the project area. Theinformation shall include,
but is not limited to, the following:
i. RoadwayPavement.
ii. Driveways, and Parking Areas — note the limits within survey coverage
and type of pavement or surface.
iii. Curbing, edging, medians, and barriers — note limits and type.
iv. Sidewalks, walkways, and handicap ramps — note limits and type.
v. Wall information (type, height and thickness), step/stair information
type, top stepelevation, bottom elevation and number of rises).
vi. Top of slope and toe of slope of the existingswales/ditches.
vii. Guard rail — note limits and type.
viii. The surveyor will show all above-ground utility structures and will
coordinate with Sunshine One Call and localutility providers to flag the
existingunderground utilities locatedwithin the limits of the project. Note
that the utility providers arenot obligated to flag their existingfacilities for
design purposes. The surveyor or project engineer can request a
design locate for theproject area. The utility providers have thirty days
to respond to this request. They can either agree to locate the facilities for
free, charge a fee for their services or notlocate at all. Any fees related
to the flagging of theexisting undergroundutilities are the responsibility
of the COUNTY.
b. Utilities
i. Manholes - rims, inverts, and condition (collapsed, plugged, etc.).
ii. Pipes - size, type, and directionof flow.
iii. Force mains and pump stations.
iv. Utility lines — size, type, for water, reclaimed water, gas, telephone,
sewer, electric and CAN.
v. Hydrants and water valves.
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vi. Hand holes andpull boxes.
vii. Gas Valves.
viii. Telephone and electric manholes.
ix. Utility and lightpoles and guy wires, including overheadwires.
x. Any other public or private utility structure or casting located within the
defined limits.
c. Stormwater System
i. Catch Basins - grate elevation, inverts and condition (collapsed, plugged,
etc.).
ii. Manholes - rims, inverts and condition (collapsed, plugged, etc.).
iii. Pipes - size, type and direction offlow.
iv. Existing drainage outfalls withinthe project area. This shall include cross
sections and pertinent locations of anyproposedoutfall ditchesor
structures.
d. Collect spot elevations at 100' intervals consistent with the baseline stations and
at other critical locations including top and bottom of curb, centerline grades,
back of sidewalks and at changes in slope. Elevations to be given up the center
of the existing driveways.
e. Existing contours will be shown as at one-foot intervals.
f. Pavement markings, including lane use and shoulder width, crosswalks and stop
bars.
g. Traffic/road signs — note direction in which sign face, material type (wood or
aluminum) legend and wording, including those mounted on utility poles, signal
posts, and bridges.
h. Collect the finish floor elevations and garageopeningsfor the existing buildings
and structures locatedwithin twenty-five (25) feet of the proposed right-of-way
lines.
i. Field locate hydrologicalseasonal water indicators within the projectlimits as
established by the environmental consultant.
2.3 GeotechnicalBorings.
a. The CONSULTANT shallstakethe locations for the Standard Penetration Test
borings (20), with elevation, as needed for the geotechnical sub-consultant with
in the project limits.
2.4 Sketch and Descriptions.
a. Prepare a sketch and legal description for the real property (acquisition),
permanent and temporary easements. The CONSULTANT willassume up to
fifteen (15) legal descriptions adjacent to or perpendicular to the existing ROW
for purposes of quantifying the costof this service. Additional legal sketchand
descriptions will be addressed on a time and material basis.
2.5 Rightof Way Map.
a. Prepare right-of-way mapsinclusive of the existing documented ROWlimits
and of any real property rights that may need to be acquired for the corridor
improvements.
b. The finalcontrol survey shall include a detailed and accurate compilation of
control points established by a closed traverse loop through the primary
control points orwith a Global PositioningSystem-based network, to assure
an error-free or closed control network. Relative erroror loop closure will
conform to requirements of subsection 5J - 17 FAC. All control pointswill be
referenced to the Florida State Plane Coordinate System, NAD 1983/1999
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Adjustment.
Task 3 — Environmental Assessment
The CONSULTANT shall provide a Threatened & Endangered Species assessment,
preliminary jurisdictional determination, and vegetative (FLUCFCS) mapping to identify potential
environmental issues associated with the project. After this preliminary field work is complete
additional services may be necessary depending on findings and the actual location and
impact footprint(s) for the proposed improvements. Preliminary environmentalservices will
includethe following:
3.1 Conduct site visit(s)to the property for vegetation mapping (FLUCCS), preliminary
wetland jurisdictional inspection, Florida Master Site File request, and associated
environmental mapping.
3.2 Prepare a threatened and endangeredspecies assessment and provide related
supporting documentation.
Task 4 — Geotechnical Services
The CONSULTANT will conduct soil tests and furnishgeotechnical data for the proposed
project improvements. Soil borings, samples, and tests will be conducted based on
procedures outlined in the Florida Department of Transportation Soils and Foundations
Manual.
The resultant data and a listing of the classification for thevarious strataobtained, as partof
the soil borings and testing will be tabulated. A soil survey sheet, showing the tableof
classification for the various strata and recommendations for site soil preparation shall be
included. If muck is encountered, a recommendation and plan for de-mucking shall be
prepared. The results of field samples and testing, and the recommendationsfor roadway
construction shall be included in a geotechnical report. Testing tobe provided includes the
following program:
4.1 Hand auger borings will be performed generally at 300-foot intervals (about 35 borings
are estimated) along theproposed roadway improvements for evaluating shallow soil
characteristics, unsuitable materials, and ground water levels for both roadway and
drainage design applications. The depth of borings shall be a maximum of five (5) feet
below existing grade.
4.2 Standard Penetration Test (SPT) boringsshall be performed at 600-foot intervals
about 16 borings are estimated) along the proposed roadway for purpose of
evaluating soil characteristics, rock depth, and ground water levels for both roadway
and drainage design applications, and lighting poles. The depth of theSPT borings
shall be a maximum of ten (10) feet below the ground surface.
4.3 Roadway cores will be completed at eight (8) locations along the existing roadway. The
cores will extend through the existing asphaltic concrete and limerock base. Hand
auger boringswill be made in the core holes to a maximum depth of threefeet to
define sub-base constituents.
4.4 Prepare and submit four (4) signed and sealed copies of ourgeotechnical report upon
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completion of the subsurface investigation and analysis, providing recommendations
for roadway preparation. This report shall include pertinent fieldsite data including
boring logs, site sketches, and other information in generalaccordance with the Florida
Department of Transportation Soils and Foundations Manual. The CONSULTANT'S
evaluation will include specific discussions regarding undercutting of deleterious
material, identification of materialsencountered, and use of each stratum as related to
the proposed construction.
PHASE II — PROJECT DESIGN:
The services listed in Task 1 — Project Management and Task 2 — Survey will also be utilized in
this Phase.
Task 5 — Design Criteria Report
This task includes reviewing, verifying, and compiling relevant data from all previous
studies and public workshops and regulatoryagencies to create a singleunified document
to guide the design of the corridor improvements.
This Design Criteria Report ("DCR") willbuild on previous documents and also incorporate the
changesproposed as a result of the currentSFWMD criteria for this project and the limitations
of the constructionbudget. Certain improvements may be accounted for, but designed to be
constructed in phases if necessary. As part of thistask, the CONSULTANT willincorporate
existing material when appropriate and revise where appropriate to address the following
issues:
5.1 CONSULTANT shallreview, verify, and modify as needed thefollowing design criteria:
a. Planning/Land Development (AccessManagement)
b. Geometric Design
i. Design Speed
ii. Design Vehicles
iii. Sight Distance
iv. Horizontal Alignment
1. General Criteria
2. Superelevation
3. Curvature
4. Superelevation Transition (superelevation runoffsplus tangent
runoff)
v. Alignment Coordination
vi. Cross SectionElements (Number of Lanes, Pavement, Pavement
Width, Pavement Cross Slope, Shoulder Width, Shoulder Cross
Slope, Sidewalks, Type of Median, Median Width, Median Slopes,
MedianBarriers)
vii. RoadsideClear Zone (Width, Roadside Slopes, Criteria for Guardrail)
viii. Curbs
ix. Right of Way
x. Changes in Typical Section (Lane Deletions and Additions; Special
Use Lanes; Structures, Horizontal Clearance, Vertical Clearance,
End Treatment and U-Turns)
xi. Access Management
xii. Turn Lanes
xiii. Intersection Design (radii; channelization)
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c. Roadside Design
d. Pavement Design
e. Roadway Lighting
f. Pedestrian Facilities
g. BicycleFacilities
h. Public Transit
i. Design Exceptions
j. Signing and Marking
k. Landscape and Landscape Elements
I. Tables/Appendices:
i. Typical Sections
ii. Stormwater Management Concept
5.2 CONSULTANT willreview and amend the DCR based on staff input.
5.3 CONSULTANT will provide an Opinion of Probable Cost (OPC). The OPCwill be
developed based on the DCR and presented to stafffor review along with design
and/or phasing alternatives to minimizecostsif the OPC is in excess of the projected
budgetary constraints for the project.
Task 6 — Construction Plans
As part ofthis task, the CONSULTANT will prepare plans and component plans as identified
below and conduct a QA/QC of the roadway plans. Roadway Plans (Item 6.1) and Opinion of
ProbableCost (Item 6.10) will require three (3) submittals and component plans (Item 6.2 through
6.8) will require two (2) submittals. This task assumes that one (1) meeting with the COUNTY
and related follow-up will be required after eachsubmittal.
The CONSULTANT shall furnishtwo (2) copies of the plans and supporting documentsto the
COUNTY for thepurpose of review and approval of each project phase noted below unless
stated otherwise.
Phase IIB - 30% Plans, OPC, Draft ROW Maps
Phase IIC - 60% plans, OPC, Final ROW Maps, Legal Descriptions and Sketches
Phase IID - 100% plans and OPC
6.1 Roadway Plans
The CONSULTANT shall prepare the roadway plans for the proposedimprovements
along the 8,700 liner foot roadway corridor. It is anticipated that the roadway set will
consist of the following: Key Sheet, Summary of Pay Items, Drainage Map,
Existing Conditions, Demo Plans, Summary of Existing Structures, Typical Sections,
Summary of Drainage Structures, Project Layout, General Notes, Roadway Plan-
Profile, Intersection Plans, Drainage Details, Sidewalk and Ditch Profiles, Summary
of Quantities, Roadway Soil Survey, Cross Sections, SWPPP, ErosionControl Plans,
Utility Adjustments, and Conduit Plan.
6.2 Utility Adjustment Plans
a. CONSULTANT shall identify all public and privateutilities with facilities located
within the construction corridor.
b. CONSULTANT shall Schedule and host a utilitymeeting with all interested
parties.
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c. CONSULTANT shall Collect and compile all known utility locations.
d. CONSULTANT shall prepare utility relocation sheets documenting what
facilities will stay, what facilities will be removed, and what facilitieswill be new
orrelocated.
e. CONSULTANT shall work with utilities to resolve conflictsof facilitieswithin the
ROW.
6.3 Traffic Control Plans (TCP).
a. Prepare a Traffic Control Plan for the proposedproject improvements that
demonstrate how access will be maintained throughout the project. This will be
accomplished through a phasing planwith applicable sections, notes and
reference to appropriate details.
b. The planwill be proposed as a construction sequencing plan andwillhave
multiple phases to address the constructability of the project. The final
Maintenance of Traffic (MOT) plan will be completed by the contractor in
compliance with the TCP and the appropriateFDOT indexes.
6.4 Signing and Marking Plans.
a. PrepareSigning and Marking Plans for theproposed roadway improvements in
accordance with Florida Department of Transportation (FDOT) criteria.
b. The planwill be a component set of contract plans. We will reference FDOT
Standard Indexes, as applicable.
6.5 Street Lighting Plans.
a. Prepare StreetPlans for theproposed roadwayimprovements in accordance
with FDOT Manual of Uniform Minimum Standards (MUMS) criteria. The
system will be designed to a collector street standard and havean energy
efficient system (i.e. LED).
b. The plan will be a component set of contract plans. We will reference FDOT
Standard Indexes, and CollierCounty Lighting Specifications, as applicable.
6.6 Conduit Crossing Plans.
a. CONSULTANT shall identify all required road crossings for electric, phone,
cable, telephone, irrigation, and street lighting.
b. CONSULTANT shall prepare plan sheets depicting all required conduit
crossings with the size and number of conduits dedicated to each entity.
c. CONSULTANT shall prepare conflicttypical sections for crossings between
major conduit banks and water/sewer/drainage.
6.7 Landscape Plans
Prepare landscapeplanting design to minimally include items as follows:
a.Plantingdesign and labeling of all plant materials.
b.Plantmaterial schedule containing, plant quantities, plant specifications and
installation sizes.
c.Provide planting soil recommendations and/or specifications.
d. To include Landscape notes and sight line limits & clear zonedistances.
Prepared to FDOT "Design Standards" Indices and generally per the FDOT "Plans
Preparation Manual"Volume I & II criteria and processes and in general compliance to
the Collier County Right- of-Way Ordinance 93-64 current editions.
Prepare landscapeplanting details and notes to minimally include items as follows:
a.Planting details: To be per FDOT design indexes
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b.Planting specifications: To be FDOT specifications
Finalize written and/or graphictechnical maintenance specifications and schedules.
6.8 Irrigation Plans
Prepare landscape irrigationdesign to minimallyinclude items as follows:
a. Location and size of irrigation water source, mainline locations and size, controller
locations and types, and electrical power connections locations and
requirements.
b. Provide system layout, schedules and/or notes to identify types, placement
and quantitiesof irrigation components such as sprinklers, valves, piping,
sleeving and valvewiring.
Prepared to FDOT "Design Standards" Indices and generally per the FDOT "Plans
Preparation Manual"Volume I & II criteria and processes and in general compliance to
the Collier CountyRight-of-Way Ordinance 93-64 currenteditions.
Finalize irrigation details, notes and schedules basedupon final irrigation plans. This will
minimally include items as follows:
a.Irrigation installation details.
b.Irrigation product data and installation specifications.
6.9 Hardscape Plans
Prepare hardscape design to minimally include itemsas follows:
Based upon the Design Criteria Report the Public Art site locations will be developed to a
stage determining required areas for design elements, so that base elements of the
proposed sites can be included in the roadway design plans for future development.
The public art sites that havebeen identified within the corridor are not included as part
of thisproject for final design.
Prepare median and roadwayrelatedhardscape design for decorative paving, potential
hardscape features, site furnishing, potential accent lighting locations, and retaining
walls if required base upon roadway design plans.
Hardscape design elements to adhere to County, State and ADA regulations and
guidelines relatedto hardscape elements and to facility user safety.
Preparehardcapedetails, notesand schedules to minimally include items as follows:
a.Median and roadwayhardscape installation details.
b.Provide product data/cut sheets and installation details and specifications.
6.10 QA/QC Roadway Plans.
a. CONSULTANT shall prepare and circulate all roadway plan submittals for review
by independent in- office professionals prior to eachsubmittal.
b. CONSULTANT shall review all comments and incorporate revisions where
applicable.
c. CONSULTANT shall circulate the revised plan sets for approval by
independent reviewing professional.
d. CONSULTANT shall review all sub-consultantsubmittals to insure
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consistency with the current roadway plans andto resolveconflicts when they
arise.
6.11 Opinion of Probable Cost.
a. CONSULTANT shall prepare an Opinion of Probable Costs for all proposed
improvements withinthe corridor.
b. CONSULTANT shall updatethe OPCwith each submittal to reflectthe additional
level of detail in the design as the project progresses.
c. CONSULTANT shall advise the COUNTY if design revisions are creating
budgetary increases and providealternates for savingsoffsets if required.
Task 7 — Drainage Design
The CONSULTANT will analyze the existing storm water drainage system and identify potential
existingdrainage issuesofconcern, existing flow patterns and research existing applicable
SFMWD permits on adjacent properties. As part of this task, the CONSULTANT will complete
thefollowing:
7.1 Inspect existing structures within the project boundaries to determine if they are suitable
for rehabilitation or incorporation into the final drainage design.
7.2 Once the new roadway geometry and sidewalk footprint is established, the
CONSULTANT will schedule and attend a meeting with the SFWMD to determine if
the proposed modificationsrequire an ERP submittal. As currently planned, the
proposed improvements do not add any capacity to the existing roadway network
and minimal environmental impacts are expected.
7.3 The CONSULTANT will work towards an exemption to ERP permittingunder FAC 62-
330.051. If an exemption can be secured and the drainage outfall capacity increased
it should alleviate most of thecommunity concerns relative to standing water and
allow for a lower profile grade line that wouldkeep theroadwayelevations consistent
with the surrounding topography and development. If an exemption is not possible, the
CONSULTANT will workclosely with the SFWMD and the surroundingpublicly
managedstorm water systems to develop the most cost effective solution to
satisfying the design criteriatheSFWMD may impose on the project as provided for
withinthe OptionalServices proposal.
7.4 The storm water system design will consider best management practices, open
system, closedsystem, lateral ditches, exfiltration, etc., or a combination thereof
withinthe existing right-of-way and dedicated drainage easements as applicable. Any
existing and proposed culverts within the project limits will be modeled to insure
adequatecapacity for a 10 year, 1 hour designstorm event.
7.5 The CONSULTANT shall prepare a MasterDrainage Plan as well as detailed
construction level plans for the drainage system as part of the roadway plan set. The
permitdesign criteria and the Master Drainage Plan will be submitted with thePhase
II submittal and thefinal construction level drainage plans will be completed with the
Phase III submittal.
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Task 8 — Utility Coordination
During this phase of the project, the CONSULTANT will be in regular contact with utility
providers to provide guidance and coordinate utilityrelocation plans amongst the various
stakeholders.
It is anticipated that each utility will provide RBG's (red, blue, greens) after the 30% plans are
completed and a compiled utilityplan will be produced thatdocumentswhat is to remain, what
is to be abandoned, and what is to be relocated and where to, within the project limits. It will be
the responsibility of each utility company to prepare their own individual construction level
documents and secure the necessary permits to perform their relocations.
PHASE III - PERMITTING:
Task 9 — Permit Applications
As part of this task, the CONSULTANT will prepare theplans, applications, and supporting
documentation required to secure the permits required to allow for the construction of the
proposed improvements. It is anticipated that eachpermit will require aninitial application and
up to two (2) additionalsubmittals.
9.2 Prepare and support one (1) exemptionrequest to the SFWMD.
9.3 Prepare and support one (1) Minor General Water Use Permit Application to the
SFWMD.
a. The project is anticipated to require waterallocations for the irrigation of about
4 acres of turf grass and landscaping. Theproject is in a challenging area for
fresh water resources. Groundwater in the vicinity of theproject site is likely
brackish with theexception of likely freshwater lenses in some upland areas
located further from tidal waters (ie, at Naples Botanical Gardens and Windstar
at Naples Bay). The likely sourceofgroundwater for irrigation will be the
water-table aquifer. The water-table aquifer, where fresh, typically exhibits
elevated concentrations of dissolved iron, which can cause brown stains on
concrete and structures if used directly from a well. However, the dissolved
iron typically oxidizes when well water is stored in a lake, reducing or
eliminating the potential for staining. It would be desirable to identify a
county-owned lake to obtain irrigation water for the project. Groundwater from
the water-table aquifer could be used as irrigation replacement waterfor
water pumped from the lake for irrigation. Work elements will include:
i. Determine the irrigation requirements for theproject site based on
irrigated acreage data from the design engineer.
ii. Perform a limited survey of permitted water users and private water users
using public records) to aid in identifying potential users of surface and
shallow groundwater in theimmediatearea of the project site and to
determine existing legal users.
iii. Reviewlithologic logs and dissolved chloride data of wells installed in
the area (from public records or in-house data) to estimate site
lithology, groundwater salinity, and aquifer hydraulic characteristics.
iv. Evaluate salinewater blending using a mass balanceapproach, if
necessary.
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v. Assist the design engineer and the COUNTY in water demand needs for
their negotiations on the use of offsite lake access, if needed.
vi. Prepare an application for a water use permit for irrigation.
PHASE IV— BID PHASESUPPORT:
Task 10 — Bid Phase Support
Under this task, the CONSULTANT will assist the COUNTY and the County Purchasing
Department with the preparation of all project related bid documents. The scope of work will
includethefollowing elements:
10.1 Attend one (1) pre-bid meeting.
10.2 Answer contractor RFI's.
10.3 Issue bid addendum supplements.
10.4 Review all qualified bids and issue a final bid recommendation.
PHASE V— POST DESIGNSERVICES:
Task 11 — Post Design Services
11.1 Attend one (1) pre-construction meeting.
11.2 Answer contractor RFI's during construction.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL AND LUMP SUM
1. MONTHLYSTATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progressreportreflecting the Projectdesign and constructionstatus, in
terms ofthetotal work effort estimated to be required for the completionof the Basic Services
and anythen-authorizedAdditionalServices, as of the last day of the subjectmonthly billing
cycle. Amongother things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoicesshall be mailed to theattention
of Ashley Caserta, Senior Project Manager, Bayshore Gateway Triangle Community
Redevelopment Agency, 3570Bayshore Drive, Unit 102, Naples, Florida 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Servicesprovided for in this Agreement, OWNERagrees to make monthly
payments and time and material payments to CONSULTANT based upon CONSULTANT'S
DirectLabor Costs and Reimbursable Expenses in accordance with the terms stated below.
Provided, however, in no event shallsuch compensation exceed theamounts set forth in the
table below.
PHASE DESCRIPTION FEE: PAYMENT
SCHEDULE
Items 1 — 3 Lump Sum Lump Sum
Monthly Upon
1 Phase I - Data Collection 57,726.00 Percent Complete of
Task
Monthly Upon
2 Phase II - Project Design 312,574.00 Percent Complete of
Task
Monthly Upon
3 Phase III - Permitting 8,448.00 Percent Complete of
Task
Items 4 & 5 Time and Material Not to Exceed
4 Phase IV- Bid Phase Support $3,895.00 Time and Material —
Notto Exceed
5 Phase V - Post Design Services $7,505.00 Time and Material -
Not to Exceed
TOTAL FEE (Phases 1 - 5) 390,148.00
B.2.2. Direct LaborCosts mean the actualsalaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B.
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B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costsincurred atthe time of billing, to be reviewed and
approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated totalfee and Reimbursable Expenses based on the
services to be provided. Thenegotiated feeshall be based upon the rates specified in
Attachment 1 to thisSchedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S priorwrittenapproval.
B.2.5. The compensation provided for underSections 2.1 ofthisSchedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amountsthat
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. CONSULTANT shall submit, with each of the monthly status reportsprovided forunder
Section 1.1 of this Schedule B, an invoice for fees earned in the performanceof 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
permonth for all fees and Reimbursable Expenses earned that month for bothBasic
Services and Additional Services. Invoices shall be reasonablysubstantiated, identifythe
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of thepurchase order granting approvalfor such
services shall appear onall 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
aftercompletion of contract. Any untimely submission of invoices beyondthe specified
deadline period is subject to non-payment under thelegal doctrine of"laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoicesunder this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actualwork
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must includethePurchase Order
Number and the Projectname and shall not be submittedmore thanone timemonthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
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applicable notto exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determinedCONSULTANT has completed such task as of that particular
monthly billing.
B.3.4. Payments forAdditional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANTagrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANTforAdditional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expensesassociated with such subconsultants
and subcontractors.
B.3.5.1. Reimbursable Expensesassociated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of thefollowing items:
B.3.5.1.1. Cost for reproducing documentsthat exceed the number of
documents described in this Agreement and postage and handling of Drawings
and Specifications.
B.3.5.1.2. Travel expensesreasonably 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, mayinclude mileage for trips
that are from/to destinations outside of Collier or Lee Counties. Such tripswithin
Collier andLee Counties are expresslyexcluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by theOWNER.
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SCHEDULE B — Attachment 1
CONSULTANT'S AND SUB-CONSULTANT'S HOURLYRATE SCHEDULE
Title Hourly Rate
Staff Engineer/Staff Planner/Staff Surveyor 90.00
105.00
SeniorStaffEngineer/SeniorStaff Planner SeniorStaff
Surveyor
120.00
Professional Engineer/Project Planner/Project Surveyor
140.00
Senior ProfessionalEngineer/Senior Project Planner
155.00
Project Manager/ProjectManager
170.00
Senior Project Manager/Senior Project Manager
205.00
Principal
65.00
Junior CAD Technician
CAD Technician
75.00
85.00
Senior CAD Technician
75.00
ConstructionObservation
85.00
Senior ConstructionObservation
Party Chief
100.00
Senior Party Chief
110.00
Field Crew GPS
125.00
125.00
Field Crew Robot
60.00
ProjectCoordinator
70.00
Senior Project Coordinator
Clerical 50.00
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SUBCONSULTANTS: Note: Subconsultant fees are included in the Schedule B, Section B.2.1
amounts for each phase of the Project. *Invoices forsubconsultant services tobe provided on a
Time and Materials basis shall include a reference to the appropriate phase at the time the
invoice is submitted, along withthe appropriateassociated hourly rate.
TURRELL & ASSOCIATES- LUMP SUM
SERVICE
Ecology
WATER SCIENCE ASSOCIATES, INC.- LUMP SUM
SERVICE
Permitting
FORGE ENGINEERING, INC.-LUMP SUM
SERVICE
Geotechnical
TREBILCOCK CONSULTINGSOLUTIONS- LUMP SUM
SERVICE
Transportation Engineering
MCGEE & ASSOCIATES-TIME & MATERIAL AND LUMP SUM
SERVICE- Landscape Architect
Phase II —Lump Sum
Phase IV—TIMEAND MATERIAL*
Title Hourly Rate
Senior Landscape Architect 135.00
Landscape Architect 125.00
AutoCAD Technician 65.00
Administrative Assistant 55.00
End of Schedule B
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SCHEDULE C
PROJECTMILESTONE SCHEDULE
CumulativeNumber
of Calendar Days
Phase Phase Name/Title For Completion
from Date of
Notice toProceed
1 Phase I — Data Collection 60
Phase II — ProjectDesign: 98
2
Phase IIA-DCR
161
Phase IIB — 30% Submittal
259
Phase IIC — 60% Submittal
329
Phase IID — 100% Submittal
3 Phase III — Permitting 380
4 Phase IV— Bid Phase Support 454
5 Phase V— Post Design Services 720
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SCHEDULE D
INSURANCE COVERAGE
1) Theamounts and types of insurance coverage shall conform to thefollowing
minimumrequirements with the use of InsuranceServices 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 andprovide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S soleresponsibility.
2) The insurancerequired 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 interruptionfrom the date ofcommencement
of the services until the date of completion and acceptance of theProject 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 withthe
OWNER within ten (10) calendar days afterNotice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place theinsurancecoverages
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
canceledor allowed to expire untilat leastthirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shallalsonotify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have theaggregate limit reinstated to the full extent permitted
under such policy.
5) Allinsurance coverages oftheCONSULTANT shall be primary to any insurance or
self insurance programcarried by the OWNERapplicable to this Project.
6) Theacceptance by OWNERof any Certificate of Insurance doesnot constitute
approval or agreement by the OWNERthat the insurance requirements have been satisfied or
that theinsurance 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 limitsspecified
in this Section except to the extent such insurance requirements for the subconsultant are
expresslywaived in writing by the OWNER.
8) Should at any timethe CONSULTANT not maintaintheinsurance 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 costsfromany amount due CONSULTANT under this
Agreement or anyother agreement between OWNER and CONSULTANT. TheOWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for thecoverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase suchinsurance 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 expiresprior to the
completion of the services required hereunder or termination of the Agreement, the
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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 ANDEMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during theterm 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 - FloridaStatutory Requirements
b. Employers' Liability (check one, if applicable)
100,000 Each Accident
500,000 Disease Aggregate
100,000 Disease Each Employee
X_ 1,000,000Each Accident
1,000,000 Disease Aggregate
1,000,000 Disease Each Employee
2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable _X Not Applicable
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4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIALGENERAL 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 PropertyDamage 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 thecompletion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate 300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury 300,000
Each Occurrence 300,000
Fire Damage 50,000
General Aggregate 500,000
Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury 500,000
Each Occurrence 500,000
Fire Damage 50,000
X General Aggregate 2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury 2,000,000
Each Occurrence 1,000,000
Fire Damage 50,000
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2) TheGeneral Aggregate Limit shall applyseparatelyto thisProject and thepolicy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limitunder 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
retentionscarried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
3) TheOWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
4) Coverage shall be included for explosion, collapse or underground propertydamage
claims.
5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to thecompletion of the Services under this Agreement.
Applicable X Not Applicable
7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of theServicesunder this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X_Yes No
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1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance oruse of anyowned, non-owned or hired vehicle withlimits of not less
than:
X_ Bodily Injury & Property Damage - $ 500,000
BodilyInjury & Property Damage - $1,000,000
UMBRELLALIABILITY
1) Umbrella Liabilitymay be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of theEmployers' Liability, Commercial
General Liability, and Automobile Liability coveragesrequired herein and shall include all
coverages on a "following form" basis.
2) Thepolicy shall contain wording to the effect that, in the eventofthe exhaustionof
anyunderlyinglimit due to the payment of claims, theUmbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising outofthe performance of professional servicesunder this
Agreement. CONSULTANT waives its right of recover against OWNER asto any claimsunder
this insurance. Such insurance shallhave limitsof not less than:
500,000 eachclaim and in the aggregate
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X_ $1,000,000 each claim and in the aggregate
2,000,000each claim and in the aggregate
2) Any deductible applicable to any claimshall be thesole 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) yearsfollowing completion and acceptance of the Project by the OWNER.
4) Thepolicy retroactive date will always be prior to the dateservices werefirst
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 promptlysubmit
Certificates of Insurance providing for an unqualified written notice to OWNERof any
cancellationofcoverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shallalso 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 theaggregatelimit reinstated to the full extentpermitted under
such policy. CONSULTANT shall promptlysubmit a certified, true copyof 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 coveragefor plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructingvaluable papers or records utilized duringthe term of this Agreement.
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PROJECTPROFESSIONAL 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 OWNERand
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in thepremiumof 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 renewaloccurs 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
theprovision 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 whenrequested by OWNER
or OWNER'S Project Manager:
a. The date the professionalliability insurance renews.
b. Currentpolicy 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 individualproject policy.
f.Cost of professional insurance as a percent of revenue.
g. Affirmation that thedesign firm will complete a timely project errors and omissions
application.
3) If OWNER elects to purchase a project professionalliability policy, CONSULTANT tobe
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
D-8
Packet Page -305-
5/12/2015 14.B.1.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, RWA, Inc. hereby certifiesthatwages, rates and otherfactual unitcosts supporting the
compensation for the services of the CONSULTANT to be provided under the Professional
Services Agreement, concerning Streetscape Improvements Design of Thomasson Drive
and HamiltonAvenue are accurate, complete and current as of the timeof contracting.
RWA, Inc.
BY: v ti J. 1 • "—
TITLE:
DATE:C3.//o /2..-v/Lt
E-1 G
v V Packet Page -306-
5/12/2015 14.B.1.
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Name Personnel Category of time
Christopher Wright, P.E. Senior Project Manager 4%
Barry Jones, P.E Senior Professional Engineer 24%
Daniel Garner, E.I. Staff Engineer 26%
Richard Owens Senior CAD Technician 24%
Michelle Rondo Project Coordinator 4%
Doyle Nichols Construction Observation 3%
Michael Ward, PSM Project Surveyor 1%
Rick Korneff Senior Cad Technician 6%
Gary Rashford, PSM Senior Party Chief 8%
F-1
Packet Page -307-
5/12/2015 14.B.1.
Client#:40467 RWAIN
DIYYYY)E(MMID ACORD, CERTIFICATE OF LIABILITY INSURANCE DAT6/
E(MM/D
4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOESNOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGEAFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATEHOLDER.
IMPORTANT:If the certificateholder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on thiscertificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Karla Palacio NAME:
Gulfshore Insurance-Naples PHONE 239263-4527 FAX 239 213-2836 A/C,No,Ext): A/C,No):
4100 Goodlette Road North E-MAIL k alacio ulfshoreinsurance.com
Naples, FL 34103-3303
ADDRESS: P @9
239 261-3646
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:FCCI Commercial Insurance Compa
INSURED INSURER B:HartfordCasualtyInsurance Corn
RWA, Inc.
6610 Willow Park Dr#200
INSURER C
INSURER D:
Naples,FL 34109-7909
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANYCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS
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. LIMITSSHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDLISUBR POLICY EFF POLICY EXP
LIMITS LTR INSR IWVD POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY)
A GENERAL LIABILITY X X GL00165791 03/31/2014 03/31/2015 EACH OCCURRENCE 1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES
R
occurrence) $300,000
CLAIMS-MADE X OCCUR MEDEXP(Any one person) $10,000
X PD Ded:500 PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
7 POLICY X PRO
LOC
A AUTOMOBILE LIABILITY X CA0026635 03/31/2014 03/31/2015 Ea
OMBaccidINED
ent)
SI NGLELIMIT 1> >000000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS AUTOS
X HIRED AUTOS X NON-OWNED PROPERTYDAMAGE
AUTOS Per accident)
A x UMBRELLA LIAB X OCCUR UMB0018632 03/31/2014 03/31/2015 EACH OCCURRENCE 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000
DED X RETENTION$10000
B WORKERS COMPENSATION X 21WBCAK2552 03/13/2014 03/13/2015 X TO Y LJMIT
OTH-
ER EMPLOYERS'LIABILITY TORYLIMITS
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000
OFFICER/MEMBER EXCLUDED? N N/A
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONSbelow E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Re: Contract#13-6012 Streetscape Improvements Design of Thomasson Drive and HamiltonAvenue
Certificate Holder is included as Additional Insured withrespects to General Liability only as required by
contract including Waiver of Subrogation,ongoing and completed operations per form CGL088 0710, on a
primary non-contributory basis per form CG0001 1207.Additional Insured in regards toAuto Liability only
as required by contract per form CA0003FL 1208.Waiver of Subrogation in regards toWorkersCompensation
only as required by contract per form WC000313 0484.The Umbrella follows form.
CERTIFICATE HOLDER CANCELLATION
Collier County Board of
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
y THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITHTHE POLICY PROVISIONS.
3327 Tamiami Trail East
Naples, FL34112 AUTHORIZEDREPRESENTATIVE
1988-2010 ACORDCORPORATION.All rights reserved.
ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
S768255/M744015 KPA Packet Page -308-
5/12/2015 14.B.1.
ACO°® CERTIFICATE OF LIABILITY INSURANCE Mo )6i2 2a
PRODUCER (201)262-1200 FAX: (201)262-7810 THIS CERTIFICATE IS ISSUEDASA MATTER OF INFORMATION
Fenner & Esler ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
467 Kinderkamack Road ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW.
P. 0. Box 60
Oradell NJ 07649-0060 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A:Travelers Casualty & Surety 31194
RWA, Inc. INSURER B:
6610 Willow Park Drive INSURER C:
Suite 200 INSURER D:
Naples FL 34109 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THEINSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANYREQUIREMENT, TERM OR CONDITION OF ANYCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THEPOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OISUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVEBEEN REDUCED BYPAID CLAIMS.
INSR ADD'L
POLICYNUMBER
POLICY EFFECTIVE POLICY EXPIRATION
LIMITS LTR INSRD TYPE OF INSURANCE DATE IMM/DDIYYYY) DATE(MMIDDIYYYY)
GENERAL LIABILITY EACH OCCURRENCE _ $
DAMAGE TO RENTED
COMMERCIALGENERAL LIABILITY PREMISES(Ea occurrence) $
CLAIMS MADE OCCUR MEDEXP(Any one person) $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $
POLICY PRO-JECTJECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO
Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS
Per accident)
PROPERTYDAMAGE
Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE
DEDUCTIBLE
RETENTION $ i $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LIABILITY Y/N
TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
A OTHERprofessional 105898390 3/1/2014 3/1/2015 Per Claim Limit 1,000,000
Liability Aggregate Limit 2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEDBY ENDORSEMENT/SPECIAL PROVISIONS
RE: Contract #13-6012 "Streetscape Improvements Design of Thomas son Drive and Hamilton Avenue"
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBEDPOLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Collier County Board of County
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Commissioners
3327 Tamiami Trail East REPRESENTATIVES.
Naples, FL 34112-4901 AUTHORIZEDREPRESENTATIVE
Kevin Esler/JEAN
ACORD 25(2009/01) 1988-2009 ACORD CORPORATION. All rights reserved.
INS025(200901).01 TheACORD name and logo are registered marks of ACORD
Packet Page -309-
5/12/2015 14.B.1.
IMPORTANT
If the certificateholder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to theterms and conditionsof the policy, certain policies may
require an endorsement. A statement on thiscertificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurancedoes not constitute a contract between the issuing insurer(s), authorized
representativeorproducer, and the certificate holder, nor does it affirmativelyornegatively amend,
extendor alter the coverageafforded by the policies listed thereon.
ACORD 25(2009/01)
INS025(200901).01 Packet Page -310-
5/12/2015 14.B.1.
HORIZ. SCALE (FULL):
DATE CHECKED DRAWN
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:PROJECT:
OF
PROJECT NO.:SHEET NUMBER:
REVISION REV #
HORIZ. SCALE (HALF):
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization
EB 7663 LB 6952
DESIGNED:
DRAWN:
VERT. SCALE (FULL):
VERT. SCALE (HALF):
FILE NAME:
FLORIDA LICENSE NO.
STREETSCAPE IMPROVEMENTS DESIGN
OF THOMASSON DRIVE AND HAMILTON DRIVE
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SECTIONS 01
WITH OPTIONS 13 130028.00.00
11/10/2014
N/A
N/A
BEJ
DJG
N/A
N/A 1300280000C MD01 52675
BARRY E JONES, P.E.
Pa
c
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P
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3
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-
5
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1
2
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2
0
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5
1
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B
.
1
.
HORIZ. SCALE (FULL):
DATE CHECKED DRAWN
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:PROJECT:
OF
PROJECT NO.:SHEET NUMBER:
REVISION REV #
HORIZ. SCALE (HALF):
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization
EB 7663 LB 6952
DESIGNED:
DRAWN:
VERT. SCALE (FULL):
VERT. SCALE (HALF):
FILE NAME:
FLORIDA LICENSE NO.
STREETSCAPE IMPROVEMENTS DESIGN
OF THOMASSON DRIVE AND HAMILTON DRIVE
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SECTION 02
WITH OPTIONS 23 130028.00.00
11/10/2014
N/A
N/A
BEJ
DJG
N/A
N/A 1300280000C MD01 52675
BARRY E JONES, P.E.
Pa
c
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B
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1
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HORIZ. SCALE (FULL):
DATE CHECKED DRAWN
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:PROJECT:
OF
PROJECT NO.:SHEET NUMBER:
REVISION REV #
HORIZ. SCALE (HALF):
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization
EB 7663 LB 6952
DESIGNED:
DRAWN:
VERT. SCALE (FULL):
VERT. SCALE (HALF):
FILE NAME:
FLORIDA LICENSE NO.
STREETSCAPE IMPROVEMENTS DESIGN
OF THOMASSON DRIVE AND HAMILTON DRIVE
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SECTIONS 03
WITH OPTIONS 33 130028.00.00
11/10/2014
N/A
N/A
BEJ
DJG
N/A
N/A 1300280000C MD01 52675
BARRY E JONES, P.E.
Pa
c
k
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t
P
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1
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B
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1
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From:Beth Brainard
To:CasertaAshley ; Mescatem@aol.com
Cc:Joe Bonness ; Jane Cheffy
Subject:Re: Thomasson Streetscape Project
Date:Tuesday, January 06, 2015 1:25:50 PM
Hello Ashley and Bob--
Yes, the final opinion came in yesterday. Thank you so much for taking the time to consult
with us.
From our perspective, taking into consideration safety and maintenance issues associated with
safety, NPC believes that Option 1 is the best. Our reasoning follows:
Option 1 is the safest for cyclists because it offers both street and pathway access and its design requires
the least amount of maintenance to keep the lanes safe.
Option 2 separating the bike lane with a sod strip is a construction problem. The base material will need
to be built under the bike lane connecting to the road base and the sod will be difficult to drain and keep
hydrated. Vehicles driving on the wet sod will squeeze it out and onto the bike lane. Sweeping the
separated bike lane will be a problem.
Option 3 A separate multiuse will not remove the bikes from the traffic and in an area with many
driveways it will prove to be more dangerous than riding on the road. Separate multiuse paths are great
where there are no drive ways or crossing roads. Each intersection adds several points of conflict with
turning and crossing vehicles. Will the bike peds have stop signs or will the vehicles?
We also were wondering how the green paint has lasted on Bay Shore Dr. and if it has had the intended
effect. Is it an effective skid resistant?
If the green paint is too expensive an alternative method of keeping vehicles from wandering in the bike
lanes id audible land lines or a rumble strip.
We wish you the very best with your project. If we can be of service in the future, please don't hesitate to
contact us.
Best, Beth
Beth Brainard
Executive Director Naples Pathways Coalition
300 Fifth Avenue South, Suite 101, Box 464
Naples, FL 34102
781-424-2413
On Jan 6, 2015, at 10:49 AM, CasertaAshley <AshleyCaserta@colliergov.net > wrote:
Hi Beth,
Happy New Year! The MSTU has a meeting tonight and I was curious to see if you or
Packet Page -314-
5/12/2015 14.B.1.
any of your board members had any comments on the Thomasson plans that I can
present to our members? Thanks.
Ashley Caserta
Project Manager
Bayshore Gateway Triangle Community Redevelopment Agency
Bayshore Beautification MSTU and Haldeman Creek MSTU
3570 Bayshore Drive, Unit 102, Naples, Fl 34112
Phone: 239.643.1115
www.BGTCRA.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in
writing.
Packet Page -315-
5/12/2015 14.B.1.
From:JourdanJean
To:DurhamTim
Subject:FW: THOMASSON DRIVE and HAMILTON DRIVE
Date:Wednesday, April 15, 2015 2:21:35 PM
Attachments:Minutes Bayshore MSTU 12-02-2014.docx
Basin Map Master Plan and Sections-SECTION 01.pdf
Basin Map Master Plan and Sections-SECTION 02.pdf
Basin Map & Master Plan and Sections-SECTION 03.pdf
Re Thomasson Streetscape Project.msg
FYI...this is a follow up to the Mr. Messmer’s letter to the Commissioners. As you can see this is not
the first time he has wrote to the Commissioner’s regarding this project. Professionals, that he
solicited their input such as the Naples Pathways Coalition have all agreed that the option chosen by
the Advisory Board is the best option. However, Mr. Messmer continues to go against and make
statements that are not accurate in the regards that the option chosen was merely because it was
the cheapest.
Jean
From: CasertaAshley
Sent: Thursday, January 29, 2015 10:19 AM
To: JourdanJean
Cc: HueEkna
Subject: FW: THOMASSON DRIVE and HAMILTON DRIVE
FYI
Ashley Caserta
Bayshore Gateway Triangle Community Redevelopment Agency
Bayshore Beautification MSTU and Haldeman Creek MSTU
Phone: 239.643.1115
From: CasertaAshley
Sent: Wednesday, January 28, 2015 11:22 AM
To: 'Mescatem@aol.com'
Cc: HillerGeorgia; TaylorPenny; FialaDonna
Subject: RE: THOMASSON DRIVE and HAMILTON DRIVE
Mr. Messmer:
I’m copying Commissioners Taylor, Fiala and Hiller on this email so they have some background
information when they receive your letter.
Three design options for the Thomasson Drive / Hamilton Avenue Streetscape Improvement project
were presented by the MSTU’s consultant, RWA, at the December 2, 2014 MSTU meeting. Minutes
are attached as well as the design options. After discussion, the MSTU advisory committee selected
RWA Option 1 from the attached sections as the design they would like to move forward with.
After that meeting, you and I met with Beth Brainard from the Naples Pathways Coalition and
discussed the options. She took the drawings and reviewed them with members of the NPC board
Packet Page -316-
5/12/2015 14.B.1.
and they recommended the same option as the MSTU, for the same reasons. A copy of the email
she sent is attached.
RWA has also recommended this option. Currently, RWA is working on finishing up the design
criteria report and will report at the March 2015 MSTU meeting.
Ashley Caserta
Project Manager
Bayshore Gateway Triangle Community Redevelopment Agency
Bayshore Beautification MSTU and Haldeman Creek MSTU
3570 Bayshore Drive, Unit 102, Naples, Fl 34112
Phone: 239.643.1115
www.BGTCRA.com
From: Mescatem@aol.com [mailto:Mescatem@aol.com ]
Sent: Tuesday, January 27, 2015 4:03 PM
To: CasertaAshley
Subject: THOMASSON DRIVE and HAMILTON DRIVE
You recall, I told you I sent a letter to Commissioner Taylor regarding the safety issue
of proceeding with Option 1.
I plan to send a similar letter to Commissioners Fiala and Hiller.
Bob Messmer
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Packet Page -317-
5/12/2015 14.B.1.
EXECUTIVE SUMMARY
R ecommendation to approve a contract with RWA Consultants, Inc., in the amount of $390,148 under
Request for Proposal “RFP” #13-6012 for the “Streetscape Improvements Design of Thomasson Drive
and Hamilton Avenue.”
OB JECTIVE : To obtain professional design services for RFP #13-6012 “Streetscape Improvements Design of
T homasson Drive and Hamilton Avenue” project.
CONSIDERATIONS: The Bayshore Beautification MSTU selected the Thomasson Drive and Hamilton Avenue
co rridors for a beautification project that would include bicycle and pedestrian improvements. The project
boundaries are the right-of-way along Thomasson Drive from Orchard Lane heading west to Hamilton Avenue
ending at Bay Street. This corridor is used by many school children to walk to Avalon Elementary School and
to area parks, as well as other pedestrian and bicycle recreational users. The improvements include a shared
use pathway on both sides of the road, medians and traffic separators, improved (green) bicycle lanes, lighting,
landscaping, driveway aprons and stormwater improvements.
On October 8, 2013, as Agenda Item 16B2, the Board of Commissioners approved the selection committee
rankings as follows: #1) Atkins North America, Inc. and tied as #2) Q. Grady Minor and Associates, PA and
RWA Consultants, Inc., and authorized staff to enter into contract negotiations. In accordance with standard
RFP terms, in the event of a tie, the firm with the lowest paid dollars by Collier County to the Consultant within
the last five (5) years will receive the higher individual ranking. Based on that information, RWA was deemed to
be the second ranked firm.
Staff was unable to reach an acceptable fee with Atkins North America, Inc., due to non-response on the
Consultant’s part and ceased negotiations. In accordance with the requirements of the CCNA, Staff moved
forward with negotiations with the second ranked firm, RWA Consultants, Inc. and successfully negotiated a
contract in the amount of $390,148.00, subject to Board approval.
At the April 1, 2014, meeting of the Bayshore Beautification MSTU advisory committee, the committee voted
unanimously to approve awarding the contract for RFP #13-6012 to RWA Consultants, Inc., in the amount of
$390,148.00.
Staff recommends award of RFP #13-6012 to RWA Consultants, Inc. in the amount of $390,148.00.
FISCAL IMPACT : Sufficient funds are budgeted in the in Bayshore Beautification MSTU Fund (163) to fund
t he recommended award.
GROWTH MANAGEMENT IMPACT : There is no growth management impact associated with this Executive
S ummary.
LEGAL CONSIDERATIONS: T his item is approved as to form and legality, and requires majority vote for
Board approval.—SRT
RECOMMENDATION : That the Board of County Commissioners approve a contract with RWA Consultants,
I nc., in the amount of $390,148.00 under RFP 13-6012, for the “Streetscape Improvements Design of
Thomasson Drive and Hamilton Avenue,” to waive minor inconsistencies between the RFP document and the
contract, and authorize the Chairman to sign and execute the attached contract after final review by the County
Attorney’s Office.
Prepared by: Ashley Caserta, Project Manager, Bayshore Beautification MSTU
Attachments: 1) 13-6012 Contract; 2) 13-6012 Solicitation; 3) 13-6012 Final Ranking
Item 16.B.1
06/10/2014
Packet Page -318-
5/12/2015 14.B.1.
10/8/2013 16.B.2.
EXECUTIVE SUMMARY
Recommendation to approve the shortlistof firms under RFP 13-6012 for
Thomasson Drive and HamiltonAvenueStreetscape Improvements Design and
direct staff to bring a negotiated contract with the top ranked firm to the Board for
subsequent approval.
OBJECTIVE: To approve staff selection committee rankings for the referenced
project.
CONSIDERATIONS: Thepurpose of this item is to approve the ranking of firmsfor
streetscape improvement design services on a section of Thomasson Drive from
Orchard Lane heading West. The improvements continue as the road turns into
Hamilton Avenue goingSouth. Thescope of theseservices will include thoseservices
required for the properadministration of all phases of the design as well as post design
services.
The RFP waspubliclyadvertised on May 6, 2013. Email notices were sent to 1150 firms
with 56 vendors requesting full packages. Three responses were received by the due
date of May 28, 2013. A public Selection Committee was held on July 24, 2013 and
afterreview and discussion, andby consensus of the members, the responding firms
were shortlisted in the order as follows:
1. Atkins North America, Inc.
Tied for 2nd: Q. GradyMinor and Associates, PA; RWA Consultants, Inc.
Staff will bring a negotiatedcontract with the toprankedfirm back to the Board for
approval at a subsequent meeting.
ADVISORY COMMITTEE RECOMMENDATIONS: At theBayshore Beautification
MSTU September 11, 2013meetingthis item wasapproved 5 to O.
FISCAL IMPACT: TheSourceof funds is from the Bayshore Beautification MSTU
Fund 163.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to thisaction.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board action. - ERP
RECOMMENDATION: To approve the recommended short list for RFP 13-6012 and
direct staff to bring a negotiated contract to theBoard for subsequent approval.
PREPARED BY: Ashley Caserta, Project Manager
Bayshore Gateway Triangle CRA/Bayshore Beautification MSTU
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.2.
Item Summary: Recommendation to approve theshortlistof firms under RFP 13-6012 for
Thomasson Drive and Hamilton Avenue Streetscape Improvements Design and direct staffto
bring a negotiated contract with the top ranked firmto the Board for subsequentapproval.
Meeting Date: 10/8/2013
Prepared By
Name: CasertaAshley
Title: Grants Coordinator,
9/26/2013 2:57:38 PM
Submitted by
Title: Grants Coordinator,
Name: CasertaAshley
9/26/2013 2:57:40 PM
Approved By
Name: Markiewiczjoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 9/27/2013 10:48:23 AM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing& General Services
Date: 9/27/2013 4:13:14 PM
Name:jourdan_j
Title: Project Manager,
Date: 9/30/2013 4:06:40 PM
Name: PepinEmily
Title: AssistantCounty Attorney, CAO Litigation
Date: 9/30/2013 4:34:26 PM
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Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/30/2013 5:12:00 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/1/2013 8:11:21 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 10/1/2013 9:08:47 AM
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REQUEST FOR PROPOSALS
In accordance with FloridaStatute 287.055, Consultants' CompetitiveNegotiation Act.
CoitTer County
AdministrativeServices Division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
13-6012 Streetscape Improvements Design of
Thomasson Drive and Hamilton Ave
Scott D. Johnson, Interim Acquisition Manager
239/252-8995(Telephone)
239/252-6588(Fax)
ScottJohnson @colliergov.net @colliergov.net(Email)
This proposalsolicitation document is prepared in a Microsoft Wordformat. Any alterations to this
document made by the Consultant may be grounds for rejection ofproposal, cancellation of any
subsequent award, or any other legal remedies available to theCollier County Government.
CI
Pirdasirg O t,es5•3327 lesse s Trail East•Naples,Florida 34112.4901•esssv c$erguv.net/purchawrg
CCNA(Revision 01/01/2013)
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Table of Contents
LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS 10
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 14
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 18
ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 26
ATTACHMENT 2: CONSULTANT CHECK LIST 27
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 28
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 29
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 31
ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 32
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 33
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 35
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Co per County
Administrative Services Division
Purchasing
LegalNotice
Pursuant to approval by the County Manager, SealedProposals toprovide Streetscape
Improvements Design of Thomasson Drive & Hamilton Ave will be received until 3:00 PM,
Napleslocal time, on May 28, 2013 at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
13-6012 Streetscape Improvements Design of Thomasson Drive & Hamilton Ave
A pre-proposal conference is not applicable for this solicitation.
All statements should be made upon theofficial proposalform whichmust be obtained only on
the CollierCountyPurchasing DepartmentOnline BiddingSystem website:
www.collieroov.net/bid.
CollierCounty does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Interim Purchasing & General Services Director
This Public Noticewas posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County
Government Center on May 6, 2013.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Community RedevelopmentAgency (hereinafter, the
Division or Department"), theCollierCounty Board of CountyCommissioners Purchasing
Department(hereinafter, "County") has issued this Requestfor Proposal(hereinafter, "RFP")
with the intent of obtaining proposalsfrominterested and qualified Consultants in accordance
with the terms, conditions and specifications stated or attached. The Consultant, at a minimum,
must achieve the requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded
according to the Board of CountyCommissionersPurchasingPolicy.
Brief Description of Purchase
The purpose is to improve a section of Thomasson Drivefrom Orchard Laneheading West.
Improvementscontinue as the road turns into Hamilton Avenue going South. Thescope of
these services is to include those required for the proper administration of all phases of the
design as well as post design services.
Background
The MSTU conducted a master planning process which identified theimprovements for
Thomasson Driveand Hamilton Avenue as a priority project. In October 2011 the MSTU
commenced the conceptual design for theprojectwith an engineering firm. This exercise
produced alternative designs for the public to review. The improvements listed below are those
identified by thepublic as preferred for this project.
a. On Thomasson Drive from Orchard Lane to Bayshore Drive:
i. 8' shared-use path on both sides of Thomasson Drive from Orchard Lane to
Bayshore Drive.
ii. Medians and traffic separators
iii. Public art installations
iv. Improved (green) bicycle lanes
b. On Thomasson Drive West of Bayshore Drive and Hamilton Avenue:
i. Median as space permits
ii. 8' shared-use path on both sides of Thomasson Drive; one side of Hamilton
Avenue
iii. Public art installations
iv. Bicycle lanes on Thomasson Drive; paved shoulders on Hamilton Avenue
A video renderingwas created of the project, available to the public.
The MSTU plansto construct the improvements in 2014.
Detailed Scope ofWork
Phase I:
o Task I: Data Collection & Existing Conditions
o Task II: Project Design
o Task III: Permitting
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o Task IV: Preparation of Bid Documents, Assistance with Bidding
Phase II:
o Task V: Post-Design Services
The anticipated contract term for Phase I shall be for a period not to exceed 14 months. By
mutual agreement and funding availability, thecontractmay be renewed for up to sixmonths for
design and permitting of Phase II.
The Firm(s) submitting as the Prime Contractor at a minimum must be pre-qualified
through FDOT in the following work groups:
2.0— Project Development& Environmental (PD&E) Studies
3.1 —MinorHighway Design
3.3—ControlledAccess Highway Design
4.1.1 - Miscellaneous Structures
Thefirm (s) submitting as a subcontractor to the Prime at a minimum must be prequalified
through FDOT in the following workgroups to provide thatservice:
6.1 — Traffic Engineering Studies
6.3.1 —Traffic Systems Analysis and Design f
7.1 — Signing, Pavement Marking & Channelization
7.2— Lighting
7.3 - Signalization
8.1 — ControlSurveying
8.2— Design, Right of Way& Const. Survey
8.4— Right of Way Mapping
9.1 — Soil Exploration
Term of Contract
The contract term, if an award(s) is/are made is intended to be for duration of the design and
construction phase of the work.
Prices shall remain firm for the initial termof this contract. Price adjustments are dependent
upon the consumer price index (CPI) over the past twelve (12) months, budgetavailability
and program manager approval.
Surcharges willnot be accepted in conjunction withthis contract, and such charges should
be incorporated into the pricing structure.
Projected Solicitation Timetable
The followingprojected timetable should be used as a workingguide for planning purposes
only. TheCounty reserves the right to adjust this timetable as required during the course of
the RFP process.
Event Date
Issue Solicitation Notice 5/6/2013
Last Date for Receipt of Written Questions 5/21/2013, 12 noon,
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Naples Local Time
Addendum Issued Resulting from Written Questions or Pre- Date
Proposal Conference (Include if applicable)
Solicitation Deadline Date and Time 5/28/2013, 3PM,
NaplesLocal Time
Anticipated Evaluation of Submittals TBD
Consultant Presentations if Required (Include if applicable)TBD
Anticipated Completion of Contract Negotiations (Include if TBD
applicable)
Anticipated Board of County Commissioner's Contract TBD
Approval Date
ResponseFormat
The Consultantunderstands and agrees to abide by all of the RFP specifications,
provisions, terms and conditions of same, and all ordinances and policies of Collier County.
TheConsultant further agrees thatif the contract is awarded the work will be performed in
accordance with the provisions, terms and conditions of the contract.
To facilitatethefair evaluation and comparison of proposals, all proposals must conform to
the guidelines set forth in thisRFP.
Any portions of the proposal that do not comply with these guidelines must beso noted and
explained in the Acceptance of Conditions sectionof the proposal. However, any proposal
that contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Consultant's approach and ability to meettheCounty's needs, as stated in
the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft
Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below are to be submitted with each proposal and submitted in the order
shown. Each sectionshould be clearly labeled, with pages numbered and separated by
tabs. Failure by a Consultant to include all listeditems mayresult in the rejection of its
proposal.
1. Tab I, CoverLetter/ Management Summary (0 pts)
In this tab, include:
Provide a cover letter, signed byan authorized officer of thefirm, indicating the
underlying philosophy of the firm in providing the services stated herein.
Include the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerningproposal. Submission of a signed Proposal is Consultant's
certification that the Consultant will accept any awards as a result of thisRFP.
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REMOVE the following two paragraphs if not relevant Site Inspection: If services
to be providedinvolveor are related to a physical site(s), including, butnot limited to:
design services for construction, physical monitoring, environmental studies, inspections
or other similar activities, prior to submission of proposal, proposers select one shall or
may visit the site(s)to become familiar with local conditions that may in any manner
affectperformance of the Work.This sitevisit shall be documented in writing by the
proposer,this documentation shall be submitted withtheproposalTheproposal select
one may or will be deemed non-responsiveifthe sitevisitdocumentation is not
presented to the County in the proposer's submitted proposalmaterials. Upon award of
thecontract, subsequent site visits shall beat intervals appropriate to the stage of the
project, as determined by the Countyprojectmanager.'
No plea of ignorance of conditions ordifficulties that may existor conditionsor difficulties
that.may beencountered in the execution of the Work pursuant to this Agreement as a
of failure to make the necessary examinations and investigations shall be
accepted as an excuse for any failure or omission on the part of the awarded proposer,
nor shall they be accepted as a basis for anyclaims whatsoever for extra compensation
or for an extension of time.
2. Tab II, Business Plan (15 pts)
In this tab, include:
Detailed plan of approach (including majortasks and sub-tasks).
Detailed time line for completion of the project.
Includewiththe Business Plan or asan attachment, a copy of a report as an
example of work product. Thisshould be for oneof the projects listedas a
reference.
3. Tab III, Experience and Capacity of Firm (40 pts)
In this tab, include:
Provide information that documents Consultant's and subcontractors'
qualifications to producethe required deliverables, including abilities, capacity,
skill, and financialstrength, and number of years of experience in providing the
required services.
Provide details ofrisks that may be associated with the project and how the firm
may overcomethose risks.
Provide details of unique benefits that the firm offers on this project.
Provide current list of projects in the format identified below:
Project Original
Date End Date iginal Final Project Number of
Start Change Description Budget Cost
Orders
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4. Tab IV, Specialized Expertise of TeamMembers (25 pts)
In thistab, include:
Description of theproposed contract team and the roleto be played by each
member of the proposedteam.
Describe thevariousteam members' successfulexperience in workingwith one
another on previous projects.
Attachresumes of all proposed project team members who will be involved in the
management of the total package of services, as well as the delivery of specific
services.
Attach resumes of any sub-consultants. If sub-consultants are being utilized,
letters of intent from stated sub-consultants must be included with proposal
submission.
5. Tab V, References—5 Completed and Returned (20 pts)
In order for theConsultant tobe awarded any points for this tab, the County requests
that the Consultant submits five (5) completed reference formsfrom clients whose
projects are of a similar nature to this solicitation as a part of their proposal. The County
will only use the methodology calculations for the first five (5) references (only)
submitted by the Consultant in their proposal.
Prior to the SelectionCommittee reviewing proposals, the following methodology will be
applied to each Consultant's information provided in this area:
TheCountywill totaleachof the Consultant's five reference questionnaires and
create a ranking fromhighest number of points to lowestnumber of points.
References marked with an N/A (or similar notationwill be giventhe score of zero
0)). Consultants who do not turn in reference forms will be counted as zero (0).
The greatest number of pointsallowed in this criterion will be awarded to the
Consultant who has the highest score.
The next highest Consultant's number ofpoints will be divided by the highest
Consultant's points which will then be multiplied by criteria points to determine the
Consultant's points awarded. Each subsequent Consultant's point score will be
calculated in the same manner.
Points awardedwill be extended to the first decimal point(per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Consultant Total
Consultant Name Points Awarded
Reference Score
Consultant ABC 445 20
Consultant DEF 435 19.6
Consultant GHI 425 19.1
Consultant JKL 385 17.3
Consultant MNO 385 17.3
Consultant PQR 250 11.2
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Note:Sample chart reflects a 20 pointreferencecriterion.
The pointsawarded by Consultant will be distributed to the Selection Committee prior to
their evaluation of the proposals. The Selection Committee will review the Consultant's
proposal to ensure consistency and completion of all tasks in the RFP, and review the
Points Awarded per Consultant. The SelectionCommittee may, at their sole discretion,
contactreferences, and/or modify the referencepointsassignedafter a thorough review
of theproposal and prior to finalranking by the final SelectionCommittee.
6. Tab VI, Acceptance of Conditions
Indicate any exceptions to the generalterms and conditions of the RFP, andto
insurance requirements or any otherrequirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be consideredafter the award, or if applicable, during negotiations.
Exceptionstaken by a Consultant may result in evaluation point deduction(s) and/or
exclusion of proposal forSelection Committee consideration, depending on the extent of
theexception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
7. Tab VII, Required Form Submittals (0 pts)
Attachment 2: Consultant Checklist
Attachment 3: Conflict of Interest Affidavit
Attachment 4: ConsultantDeclaration Form'
Attachment 5: Immigration Affidavit and company's E-Verify profile pageand
memorandum of understanding
Attachment 6: Consultant Substitute W9
Attachment 7: Insurance Requirements
Attachment 8: Reference Questionnaire
Other: License, certifications, informational materials, etc.
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to theCollier County Purchasing DepartmentOnline
Bidding System website: www.colliergov.net/bid.
Consultantsmustclearly understand that theonly official answeror position of the County
will be the one stated on theCollierCountyPurchasing DepartmentOnline BiddingSystem
website. For general questions, please call the referenced Procurement Strategist noted on
the cover page.
2. Pre-ProposalConference
The purpose of the pre-proposalconference is to allow an open forum for discussion and
questioning with County staff regarding the RFP with all prospective Consultants having an
equal opportunity to hear and participate. Oral questions will receive oral responses, neither
of which will be official, norbecome part of the RFP. Only writtenresponses to written
questions will be considered official, andwill be included as part of the RFP as an
addendum.
All prospective Consultants are stronglyencouraged to attend, as, thiswill usually be the
only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted
as"mandatory", prospective Consultants must be present in order to submit a proposal
response.
3. Compliance with the RFP
Proposalsmust be in strictcompliance withthis RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
Itis the sole responsibility of the Consultant if the Consultant discovers any ambiguity,
conflict, discrepancy, omission or other error in the RFP, to immediatelynotifythe
ProcurementStrategist, noted herein, of such error in writing and request modification or
clarificationof the document prior to submitting the proposal. TheProcurement Strategist will
make modifications by issuing a written revisionand will give writtennotice to all parties who
have received this RFP fromthe Purchasing Department.
5. Proposal, Presentation, and Protest Costs
The County willnot be liable in any way for any costs incurred by any Consultant in the
preparation of its proposal in response to this RFP, nor for the presentation of its proposal
and/or participation in any discussions, negotiations, or, if applicable, any protest
procedures.
6. Delivery of Proposals
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All proposals are tobe delivered before 3:00 PM, Naples local time, on or before May 21,
2013to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Scott D. Johnson, Interim Acquisition Manager
TheCounty does not bear the responsibility for proposalsdelivered to thePurchasing
Department past the stated date and/or time indicated, or to an incorrectaddress by
Consultant's personnel or by the Consultant's outside carrier. However, the
Purchasing/GeneralServices Director, or designee, reserves the right to accept proposals
received after the posted close timeunder the followingconditions:
The tardy submission of theproposal is due to the following circumstances, which
may include but not be limited to: late delivery by commercial carrier such as Fed Ex,
UPS or courierwhere delivery wasscheduledbefore the deadline.
The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Consultants must submit one(1) paper copy clearly labeled "Master," and six (6)
compactdisks (CD's)with one copy of the proposal on each CD in Word, Excel or
PDF. List the SolicitationNumber and Title on the outside of the boxor envelope.
7. Validity ofProposals
No proposal can be withdrawn after it is filed unless the Consultant makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
validfor a periodofone hundredeighty (180) days from the submission dateto
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive SealedProposals methodology of source selection for
this procurement, as authorized by Ordinance Number 87-25, and CollierCounty Resolution
Number 2006-268 establishing and adopting the Collier County Purchasing Policy.
If the County receivesproposals from less than three (3) firms, the Purchasing Director shall
review all the facts and determine if it is in the best interest of the County to solicit additional
proposals or request that the SelectionCommittee rank order the received proposals.
The County may, as it deemsnecessary, conduct discussions with qualified Consultants
determined to be in contention for being selectedforaward for the purpose of clarification to
assure full understanding of, and responsiveness to solicitationrequirements.
9. Evaluation of Proposals
Collier County will evaluate and selectthese Services in accordance with Florida Statute 287.055,
Consultants' Competitive Negotiation Act.
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The County's procedure for selecting is as follows:
1. The CountyManager or designee shall appoint a Selection Committee to review all
proposals submitted.
2. Request for Proposals issued.
3. Subsequent to theclosing of proposals,the Procurement Strategist will reviewthe
proposalsreceived and verify whether each proposal appears to be minimally
responsive to the requirements of the published RFP.
4. Meetings will be open to thepublic and the Procurement Strategist will publicly post prior
notice ofsuchmeeting in the lobby of thePurchasing Building.
5. Thecommittee members willreview each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of theselectioncommittee, the ProcurementStrategist will post
a notice announcing the date, time and place of the first committee meeting. Said notice
will be posted in thelobby of the Purchasing Building not less thanthree (3)working
days prior to the meeting. TheProcurementStrategist willalso post prior noticeof all
subsequent committee meetings and will endeavor to post such notices at least one (1)
day in advance of all subsequent meetings.
7. Collier County will consider all the material submitted by the Proposer and other
informationCollier County mayobtain to determine whether the Proposer is capable of
andhas a history of successfully completingprojects of this type, including, without
limitation, additional information Collier County may request, interviews, or oral
presentations.
8. The Selection Committee, as approved by the County Manager or designee, will review,
evaluate and rank all responsive proposals receivedfrom Proposers responding to this
RFP. The committee members will score each Proposal in accordance with therating
criteriaset forthbelow and may, at theirdiscretion, schedulepresentations from any
firms submitting a proposal. Consultant(s) shallhave an opportunity to discuss their
qualifications, approach to the project and ability to furnishservices for the scope of work
outlined in this solicitationduring the publicly announced Selection Committee Meeting
prior to the final ranking. This discussion does not preclude theCounty from having
additional presentations by ranked firms at the County's solediscretion.
9. The Selection Committee will rankqualified firms in order of preference and by
consensus using all information presented to the Committee, choose the top ranked firm
and will subsequentlyenter into negotiations with thetop ranked firm. Award of the
contract is dependent upon the successful and full execution of a mutually agreed
contract.
10. Negotiations shallbegin withthetop-ranked firm(s) in accordance with Florida Statute
287.055.
11. Upon the successful completion of negotiations, contracts will be presented to theBoard of
County Commissioners for approval.
The County reservesthe right to withdraw this RFP at any time and for anyreason, and
to issuesuch clarifications, modifications, addendums, and/or amendments as it may
deem appropriate, including, but not limited,to requesting supplemental proposal
information.
Receiptof a proposal by theCounty or a submission of a proposal to the County offers
no rights upon the Consultant norobligatesthe County in any manner.
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Acceptance of theproposal does not guarantee issuance of any other governmental
approvals. Proposals whichincludeprovisions requiring the granting of zoning variances
may notbe considered.
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and EvaluationFactors
The County Manager or designee will appoint a Selection Committee to review all proposals
submitted. The factors tobe considered in the evaluation of proposal responses are listed
below.
Business Plan 15 pts
Experience and Capacity of theFirm 40 pts
Specialized Expertise of Team Members 25 pts
References 20 pts
TOTAL 100 Points
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, thefirm
with the lowest paid dollars by Collier County to the Consultant(as obtained from the
County's financial system)withinthe last five (5) years will receive the higherindividual
ranking. This information will be based on information provided by the Consultant, subject
to verification at the County's option. If there is a multiple firm tie in eitherindividual scoring
or final ranking, the firm with the lowest volumeofwork shall receive the higherranking, the
firm with the next lowestvolume of work shall receive the next highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to re-solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposalwhich in the judgment of the County is
deemedthemost advantageous for the public and Collier County.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be causefor rejection. In theevent of default of thesuccessful Consultant, or
their refusalto enter into theCollierCountycontract, the Countyreserves theright to accept
the proposal of any other Consultant or to re-advertise using the sameor revised
documentation, at its sole discretion.
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Exhibit III: Collier CountyPurchase Order Terms and Conditions
1. Offer and to comply with all carrier
This offer is subject to cancellation by the regulations. Risk of loss of any goods
COUNTY without notice if not accepted by sold hereunder shall transfer to the
VENDOR within fourteen (14) days of COUNTY at the time and place of
issuance. delivery; provided that risk of loss prior
toactual receipt ofthe goods by the
2. Acceptance and Confirmation COUNTY nonetheless remainwith
This Purchase Order (including all VENDOR.
documents attached to or referenced b) No charges will be paidby the COUNTY
therein) constitutes the entire agreement for packing, crating or cartage unless
between the parties, unless otherwise otherwise specifically stated in this
specifically noted by the COUNTY on the Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery provided in Purchase Order, no invoices
of goods and/or services received by the shall be issued nor payments made
COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and
be upon the terms and conditions contained other charges are itemized, any
in this Purchase Order. discount will be taken on the full amount
of invoice.
No additional terms may be added and c) All shipments of goods scheduled on the
PurchaseOrder may not be changed except same day via the same route must be
by written instrument executed by the consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on must be consecutively numbered and
notice that the COUNTY objects to any marked to showthisPurchase Order
additional or different terms and conditions number. The container and Purchase
contained in any acknowledgment, invoice Order numbers must be indicated on bill
or other communication from VENDOR, of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance Purchase Order number and must be
or payment for any delivery of goods and/or included on each package of less than
services, or any similar act by VENDOR.container load (LCL) shipments and/or
with each car load of equipment. The
3. Inspection COUNTY reserves the right to refuseor
All goods and/or services delivered return any shipment or equipment at
hereunder shall be received subject to the VENDOR'S expensethat is not marked
COUNTY'S inspection and approval and with Purchase Order numbers.
payment therefore shall not constitute VENDOR agrees to declare to the
acceptance. All payments are subject to carrier the value of any shipment made
adjustment for shortage or rejection. All under thisPurchase Order and the full
defective or nonconforming goods will be invoice valueof such shipment.
returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase
at VENDOR'S expense. Order number and any other specific
information as identified on the
To the extent that a purchase orderrequires Purchase Order. Discounts of prompt
a series of performances by VENDOR, the payment will be computed from the date
COUNTY prospectively reserves the right to of receipt of goods orfrom date of
cancel the entire remainder of the Purchase receipt of invoices, whichever is later.
Order if goods and/or services provided Payment will be made upon receipt of a
early in the term of the Purchase Order are proper invoice and in compliance with
non-conforming or otherwise rejected by the Chapter 218, Fla. Stets., otherwise
COUNTY. known as the "Local Government
4. Shipping and Invoices Prompt Payment Act," and, pursuantto
a) All goods are FOB destination and must the Board of County Commissioners
be suitably packed and prepared to Purchasing Policy.
securethe lowest transportation rates
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5. Time Is Of the Essence and transportation shall conform to all
Time for delivery of goods or performance of applicable laws, including but not limited to
servicesunder this Purchase Order is of the theOccupational Health and Safety Act, the
essence. Failure of VENDOR to meet Federal Transportation Act and the Fair
delivery schedules or deliver within a LaborStandards Act, as well as anylaw or
reasonable time, as interpreted by the regulation noted on the face ofthe Purchase
COUNTY in its sole judgment, shall entitle Order.
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to 9. Advertising
reimburse the COUNTY for any expenses No VENDOR providinggoods and services
incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that
further agrees that undiscovered delivery of it has contracted with the COUNTYfor
nonconforming goods and/or services is not goods and/or services, or appropriate or
a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other
upon further compliance with all identifying marks or property without the
specifications. priorwrittenconsent of the COUNTY'S
Purchasing Department.
6. Changes
The COUNTY may at any time and by 10. Indemnification
written notice make changes to drawings VENDOR shall indemnify and hold harmless
and specifications, shipping instructions, the COUNTY fromany and all claims,
quantities and delivery scheduleswithin the includingclaims of negligence, costs and
general scope of this Purchase Order. expenses, including but not limited to
Should any such change increase or attorneys' fees, arising from, caused byor
decrease the cost of, or the time required for related to theinjury ordeath of any person
performance of the Purchase Order, an includingbutnot limited to employees and
equitable adjustment in the price and/or agents ofVENDOR in the performance of
delivery schedule will be negotiated by the their duties or otherwise), or damage to
COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY
the foregoing, VENDOR has an affirmative or other persons), which arise out of or are
obligation to give notice if the changes will incident to the goods and/or services to be
decrease costs. Any claims for adjustment providedhereunder.
by VENDOR must be madewithin thirty(30)
days from the date the change is ordered or 11. Warranty of Non-Infringement
within such additional period of time as may VENDOR represents and warrants that all
be agreedupon by the parties. goods sold or servicesperformed under this
PurchaseOrder are: a) in compliance with
7. Warranties applicable laws; b) do not infringe any
VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret;
and/or services covered by this Purchase and c) do not constitute unfair competition.
Order will conform to the specifications,
drawings, samples or other descriptions VENDOR shall indemnify and hold harmless
furnished or specified by the COUNTY, and theCOUNTY from and against any and all
will be of satisfactory material and quality claims, including claims of negligence, costs
production, free from defects and sufficient and expense, including but not limited to
for the purpose intended. Goods shall be attorneys' fees, which arise from anyclaim,
delivered free from any security interest or suit or proceeding alleging that the
other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or
party. These warranties shall survive services provided underthis Purchase Order
inspection, acceptance, passage of title and are inconsistent with VENDOR'S
payment by the COUNTY. representations and warranties in section 11
a).
8. StatutoryConformity
Goods and services provided pursuant to If any claimwhich arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
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likely to occur, VENDOR may, at the and acts of nature. When VENDOR has
COUNTY'S option, procure for the COUNTY knowledge of any actualorpotential force
the right to continue using the goods or majeure orother conditions which will delay
services, or replace or modify the goods or or threatens to delay timely performance of
services so that they become non-infringing, this Purchase Order, VENDOR shall
without any material degradation in immediately givenotice thereof, including all
performance, quality, functionality or relevant informationwith respects to what
additional cost to the COUNTY). steps VENDOR is taking to complete
delivery of the goods and/orservices to the
12. Insurance Requirements COUNTY.
The VENDOR, at its sole expense, shall
provide commercial insurance of such type 15. Assignment
and with such terms and limits as may be VENDOR may not assign this Purchase
reasonably associated with the Purchase Order, nor any money due orto become due
Order. Providing and maintaining adequate without thepriorwritten consent of the
insurance coverage is a material obligation COUNTY. Any assignment made without
of the VENDOR. All insurance policies shall such consent shall be deemed void.
be executed throughinsurers authorized or
eligible to write policies in the State of 16. Taxes
Florida. Goods and services procured subject to this
Purchase Order are exempt from Florida
13. Compliance with Laws sales and use tax on real property, transient
In fulfilling the terms of this Purchase Order, rental property rented, tangible personal
VENDOR agrees that it will comply with all purchasedor rented, or services purchased
federal, state, and local laws, rules, codes, Florida Statutes, Chapter 212), and from
and ordinances that are applicable to the federalexcise tax.
conduct of its business. By way of non-
exhaustive example, this shall include the 17. Annual Appropriations
American with Disabilities Act and all The COUNTY'S performance and obligation
prohibitions against discrimination on the to pay underthis Purchase Order shallbe
basis of race, religion, sex creed, national contingent upon an annual appropriation of
origin, handicap, marital status, or veterans' funds.
status. Further, VENDOR acknowledges
and without exception or stipulation shall be 18. Termination
fully responsible for complying with the This Purchase Order may be terminated at
provisions of the Immigration Reform and any time by the COUNTY upon 30 days
Control Act of 1986 as located at 8 U.S.C. prior writtennotice to the VENDOR. This
1324, et seq. and regulations relating Purchase Order may be terminated
thereto, as either may be amended. Failure immediately by the COUNTY for breach by
by the awarded firm(s) to comply with the VENDOR of theterms and conditions of this
laws referenced herein shall constitute a Purchase Order, provided that COUNTY has
breach of the award agreement and the provided VENDOR with notice of such
County shall have the discretion to breach and VENDOR has failed to cure
unilaterally terminate said agreement within 10 days of receipt of such notice.
immediately. Any breachof this provision
may be regarded by the COUNTY as a 19. General
material and substantial breach of the a) This PurchaseOrder shall be governed
contract arising from this Purchase Order. by the laws ofthe State ofFlorida. The
venue for any action brought to
14. Force Majeure specificallyenforce any of the terms and
Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall
responsible for any delay or failure in be the Twentieth Judicial Circuit in and
performance resulting from any cause forCollier County, Florida
beyond their control, including, but without b) Failure of the COUNTY to act
limitation to war, strikes, civil disturbances immediately in response to a breach of
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this Purchase Order by VENDOR shall accordance with Florida Statute Chapter
not constitute a waiver of breach. 112.061, Per Diem and Travel
Waiver of the COUNTY by any default Expenses for PublicOfficers, employees
by VENDOR hereunder shall not be and authorized persons.
deemed a waiver of any subsequent e) In the event of any conflict between or
default by VENDOR. among the terms of any Contract
c) All notices under this Purchase Order Documents related to this Purchase
shall be sent to the respective Order, the terms of the Contract
addresses on the face page by certified Documents shall takeprecedence over
mail, return receipt requested, by the terms of the Purchase Order. To the
overnight courier service, or by personal extent any terms and /or conditionsof
delivery and will be deemed effective this Purchase Order duplicate oroverlap
upon receipt. Postage, delivery and the Terms and Conditions of the
other charges shall be paid by the ContractDocuments, the provisionsof
sender. A party may change its address the Terms and/or Conditionsthat are
for notice by written notice complying most favorableto the County and/or
with the requirements of this section.provide the greatest protection to the
d) The Vendor agrees to reimbursement of County shall govern.
any travel expenses that may be
associated with this Purchase Order in
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance and Bonding Requirements
The Consultant shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized todo business in theState of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance
upon the entire project, if required, to the full insurablevalue of thescope of work.
TheCounty and theConsultantwaive against each other and theCounty's separate Consultants,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insuranceprovided herein, except suchrights as they may have to the
proceeds of such insurance. The Consultant and County shall, where appropriate, require similar
waiversof subrogation from the County's separateConsultants, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the awardof this solicitationmustidentify "Foranyand all work
performed on behalf of CollierCounty."
The General Liability Policy provided by Consultant to meettherequirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Consultant under this
solicitation and shall contain a severability of interestsprovisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurancemust state the Contract Number, orProject Number, or specific Project
description, ormust read: For any and all workperformed on behalf of Collier County.The "Certificate
Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
Theamounts and types of insurance coverage shall conform to the minimum requirements setforth in
Insurance and Bonding attachment, 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 coverage, 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.
Coverage(s) shall be maintained without interruptionfromthedate of commencement of the Work until
the date of completion and acceptance of thescope of work by the County or as specified in this
solicitation, whichever is longer.
TheConsultant and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurancecarrier orthe Consultant. The Consultant shall
also notify theCounty, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant
from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide
notice. In theevent of a reduction in theaggregate limit of anypolicy to be provided by Consultant
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hereunder, Consultant shall immediately take steps to have theaggregate limit reinstated to the full
extent permitted undersuch policy.
Should atany time the Consultant notmaintain the insurancecoverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s)
and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County
for such costswithin thirty (30) days after demand, theCountyhas the right to offsetthese costsfrom
any amount due Consultantunder this Agreement or any other agreement betweenthe County and
Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage(s) purchased or theinsurance company or companies used. The decision
of theCounty to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any Y Y
of its rights under the Contract Documents.
If theinitial or any subsequently issued Certificate of Insuranceexpires prior to the completion ofthe
scope of work, the Consultant shall furnish to the Countyrenewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the
Consultant to provide the County with such renewal certificate(s) shall be considered justification for the
County to terminate any and all contracts.
2. Offer Extendedto Other Governmental Entities
Collier Countyencourages and agrees to the successfulConsultant extendingthepricing, terms and
conditions ofthis solicitation or resultant contract to other governmentalentities at the discretion of the
successful Consultant.
3. Additional Items and/or Services
Additional items and / orservices may be addedto the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders onany servicerelated project, includingconstruction, must be qualified and directly responsible
for 80% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall havethe rightto inspectthe Consultant's facilities/project site
during and after each work assignment the Consultant is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County
contractwithin twenty one (21) days of Notice of Selection for Award.
TheCounty reservesthe rightto include in any contract document such terms and conditions, as it
deemsnecessaryfor the proper protection of the rights of CollierCounty. A sample copy of this contract
is available upon request. The County willnot be obligated to sign any contracts, maintenance and/or
service agreements or other documentsprovided bytheConsultant.
7. Work Orders on Fixed Term Contracts
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The County reserves the rightto order such services from selected firms as may be requiredduring said
period, but does not guarantee any minimumor maximum services to be orderedduring the period
specified from any given firm. Work Order service assignments shall be at the sole discretion of the
County.
The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous
services which will be utilized on an as-needed basis. Assignments shall be implemented with Work
Orderssubject to a maximum of$200,000 per WorkOrder and with a maximum yearly contract amount
of $750,000 perfirm. WorkOrder assignments in excess of$200,000 shall be approved by the Board of
CountyCommissioners.
Should anyproject that is active on a work orderextend past thecontract termination date, that work order
will be active and extended as necessary until completion of such project.
8. Payment Method
Payments are made in accordance with the Local Government PromptPayment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
PurchaseOrderNumber
Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Boardof CountyCommissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk( collierclerk.com.
Collier County, in its sole discretion, will determinethemethod of payment for goods and/or services as
part of this agreement.
Payment methods include:
Traditional— payment by check, wire transfer or other cash equivalent.
Standard —payment by purchasing card. CollierCounty's Purchasing CardProgram is supported by
standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules
for VISA Merchants and MasterCard Merchant Rules.
The County may not accept anyadditional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The Countywill entertain bids
clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at theinitial bid submittal if it is clearly marked as an "Additional
Cash Discount."
Upon execution of theContract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyondsixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted withinthe
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
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submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specificallyauthorized by the Project Manager.
Payments will be made for articles and/or 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 untimelysubmission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimelysubmitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to CollierCounty and the contractor hasnot satisfied nor made arrangement to satisfy these
debts, theCounty reserves the right to off-set the amount owed to theCounty by applying the amount
owed to thevendor or contractor for servicesperformed of for materials delivered in association with a
contract.
Invoices shall not reflect sales tax. After review and approval, theinvoice will be transmitted to the
Finance Division for payment. Paymentwill be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves theright to withhold and/or reduce an appropriate amount of any payment for
work not performed or forunsatisfactory performance of Contractual requirements.
9. Environmental Healthand Safety
All Consultants and Sub Consultants performing servicefor Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub
Consultants shall be responsiblefor the safety of theiremployees andany unsafe acts or conditionsthat
may cause injury or damage to any persons or propertywithin and aroundthe work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for thepurpose of inspectionof any Consultant's work operations. This
provision is non-negotiable by any department and/or Consultant.
All new electrical installations shall incorporate NFPA70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
10. Licenses
The Consultant is required to possess the correct Business Tax Receipt, professional license, and any
otherauthorizationsnecessary to carryout and perform the work required by the project pursuant to all
applicable Federal, State andLocal Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copiesof the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activitiesor work included in the contractdocuments. Failure on
the part of any Consultant to submit the required documentation may be grounds to deem
Consultant non-responsive. A Consultant, with an office within Collier County is also required to have
an occupational license.
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All State Certified contractors who may need to pull CollierCounty permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registeringthe license/registration will need to be renewed thereafter to remain "active" in Collier County
If youhave questionsregardingprofessional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupationallicenses, please contact the Tax Collector's Office at(239) 252-2477.
11. Survivability
Purchase Orders: TheConsultant/ContractorNendor agrees that any PurchaseOrder that extends
beyondthe expiration date of the originalSolicitation 13-6012will survive and remain subject to the
terms and conditions of that Agreement until thecompletion or termination of this Purchase Order.
12. Principals/Collusion
By submission of thisProposalthe undersigned, as Consultant, does declare thatthe only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other thantherein mentioned has any interest in this Proposal or in the contract to be entered into; that
thisProposal is made without connection with anyperson, company or partiesmaking a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
13. Relation of County
It is the intent of the parties hereto that the Consultant shall be legallyconsidered an independent
Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be
consideredemployees or agents of the County, and that the County shall be atno time legally
responsiblefor any negligence on the part of said Consultant, theiremployees or agents, resulting in
either bodily or personal injury or propertydamage toany individual, firm, or corporation.
14.Termination
Should the Consultant be found to have failed to perform his services in a manner satisfactory to the
County, the Countymay terminatethisAgreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day writtennotice. TheCounty shall be sole
judge of non-performance.
15. Lobbying
All firms are herebyplaced on NOTICEthat the BoardofCounty Commissioners does not wish to be
lobbied, eitherindividually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the CountyCommission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact anyother employee of Collier County in reference to
this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this
provision mayserve as grounds for disqualificationfor award of this contract to thefirm.
16. Certificateof Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firmsmust be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a
certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the
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document may be submitted withthe solicitationresponse and the document number shall be identified.
Firmswho do not provide the certificate of authority at the time of response shall be required toprovide
same within five (5) days upon notification of selection for award. If the firm cannot provide the document
within the referenced timeframe,the County reserves the right to award to another firm.
17. Single Proposal
Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entitythatsubmits a proposal as a
primary or as part of a partnership or joint venturesubmitting as primary may notthen act as a sub-
consultant to any otherfirm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under thesame RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
In addition, consultants that have participated and/or will participate in the development of scope,
background information or oversight functions on this project are precluded from submitting a
Proposal as either a prime or sub-consultant.
18. Protest Procedures
Any actual or prospectiveConsultant to a Request for Proposal, who is aggrieved with respect to the
former, shallfile a writtenprotest with the Purchasing Director prior to the due date for acceptance of
proposals. All such protests must be filed with the PurchasingDirector no later than 11:00 a.m. Collier
County time on thefinalpublished date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual orprospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to theform and content requirements of the formalprotest. A copy of the "Protest
Policy" is available at the office of the Purchasing Director.
19. Public Entity Crime
A person oraffiliatewho hasbeen placed on the convicted Consultant list following a conviction for a
public entity crime may not submit a bid, proposal, or reply ona contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply ona contract with a public entity for
theconstruction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases ofreal property to a publicentity; maynot be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and maynot transact
business withany public entity in excess ofthe threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 monthsfollowingthe date of being placed on the convicted Consultant list.
20. Security and Background Checks
If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing for all
employees that shall provide services to the County under this Agreement. Thismay include, but not be
limited to, checking federal, state and locallaw enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related records.
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Contractor shall be required to maintain records on each employee and make them available to the
County for at least four(4) years.
21. Conflict ofInterest
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potentialor actual conflict of interest is subject to County staff review and
does not in and of itself disqualify a firm from consideration. These disclosures are intended toidentify
and orpreclude conflict of interest situations during contract selection and execution.
22. Prohibition ofGifts to County Employees
No organizationor individual shall offer or give, either directly orindirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current CollierCounty Ethics Ordinance and County Administrative Procedure 5311.
Violation of thisprovisionmayresult in oneor more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm fromcontact with County staff for a specified period of
time; b. Prohibition by the individual and/orfirm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
terminationof any contract held by theindividual and/or firm for cause.
23. Immigration Law Affidavit Certification
Statutes and executiveorders require employers to abide by the immigration laws of the United States
and to employ only individualswho are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based
means of verifying employment eligibility of workers in the United States; it is not a substitute for any
otheremployment eligibility verification requirements. The program will be used forCollier County formal
Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to theprogram:
Commodity based procurement where no services are provided.
Where the requirement forthe affidavit is waived by the Board of County Commissioners
Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptableevidence of
their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable
evidence consists of a copy of theproperlycompleted E-Verify Company Profilepage or a copy of the
fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required
to provide theCollier County Purchasing Department an executed affidavitcertifying they shall comply
with the E-Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder/Consultant does notcomply with providing the acceptable E-Verifyevidence and the
executed affidavit the bidder's/ Consultant's proposal may be deemed non-responsive.
Additionally, Consultants shall require all subcontracted Consultants to use the E-Verifysystem for all
purchases not covered under the "Exceptions to theprogram" clauseabove.
For additional informationregarding theEmployment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.dov/E-Verify. It shall be the Consultant's responsibility to
familiarize themselves with all rules and regulationsgoverning thisprogram.
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Consultant acknowledges, and withoutexception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with theprovisions of theImmigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by theawarded firm(s) to comply with the laws
referenced hereinor the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have thediscretion to unilaterallyterminate said agreement immediately.
VIII
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Col firer Comity
Administrative Services Division
Purchasing
Attachment 1: Consultant's Non-Response Statement
The sole intent of theCollier CountyPurchasingDepartment is to issue solicitations that are clear, concise
and openly competitive. Therefore,we are interested in ascertaining reasonsforprospective Consultants not
wishing to respond to this solicitation. If your firm is notresponding to this RFP, please indicatethe
reason(s) by checking the item(s) listed below and return thisform via email or fax, noted on the cover page,
or mailto CollierCounty Government, PurchasingDepartment, 3327 Tamiami Trail E, Naples, FL 34112.
We are notresponding to CCNA Solicitation 13-6012 Street Improvement Design Thomasson Drive&
Hamilton Ave for the following reason(s):
Servicesrequested not availablethrough our company.
Ourfirmcould not meet specifications/scope of work.
Specifications/scope of work not clearlyunderstood or applicable (too vague, rigid, etc.)
Project is too small.
Insufficient timeallowed for preparation of response.
Incorrect address used. Please correct mailing address:
Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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Co G;r county
Administrative Services Division
5'
Purchasing
Attachment 2: Consultant Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Consultant should check off each of the following items as the necessary action is completed:
The Proposal has been signed.
All applicable forms have beensigned and included, along with licenses to completethe requirements
of the project.
Any addenda have been signed and included.
The mailing envelope has been addressed to:
CollierCounty Government
PurchasingDepartment
3327 Tamiami Trail E
Naples FL 34112
Attn:Scott D. Johnson, Interim Acquisition Manager
CCNA Solicitation: 13-6012 Streetscape Improvements — Thomasson Drive &
Hamilton Ave.
The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
The Proposal will be mailed or delivered in time to be received no later thanthe specified due date
and time. (OtherwiseProposalcannot be considered.)
ALL COURIER-DELIVEREDPROPOSALS MUSTHAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIERPACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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Co Tier County
Administrative Senrioes Division
Purchasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest oractivity (financial, contractual, organizational, or otherwise)whichrelates to the proposed work;
and bear on whether the firm (employees, officers and/or agents) has a possible conflict have beenfully
disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during
the contract and/or project duration.
Firm:
Signature and Date:
Print Name
Titleof Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this day of
20
by who is personally known to me to be the
for the Firm, OR whoproduced the following identification
NotaryPublic
My Commission Expires
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Administrative Services Division
Purchasing
Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 13-6012 Streetscape Improvements—Thomasson Drive & Hamilton Ave.
Dear Commissioners:
The undersigned, as Consultantdeclares that this proposal is made without connection or arrangementwith
any other person and this proposal isin every respect fair and made in good faith, withoutcollusion or fraud.
The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and CollierCounty, for the performance of all
requirements to which the proposalpertains. TheConsultant states that the proposal is based upon the
proposal documents listedby the above referenced CCNA Solicitation.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
200 in the County of in the State of
Firm's Legal Name:
Address:
City, State, ZipCode:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
CCR # or CAGE
Code
Telephone:
FAX:
Signature by:
Typed and written)
Title:
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Additional Contact Information
Send payments to:
required if different from above) Company nameused as payee
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
FAX:
Email:
Office servicingCollier
County to place orders
required If different from above)
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
Email:
II
ail
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Co i*r County
Administrative Services Division
Purchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 13-6012 Streetscape Improvements—Thomasson Drive & Hamilton Ave.
This Affidavit is requiredand should be signed, notarized by an authorized principalof the firmand submitted with
formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Consultants/Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of
thesubmission of the Consultant's/bidder's proposal. Acceptable evidenceconsists of a copy of the properly
completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of
Understanding for the company. Failure to include this Affidavit and acceptable evidence ofenrollment in the
E-Verify program may deem the Consultant/Bidder's proposal as non-responsive.
Collier County will not intentionally awardCounty contracts to anyConsultant who knowinglyemploys unauthorized
alien workers, constituting a violationof the employmentprovision contained in 8U.S.C. Section 1324 a(e) Section
274A(e)of theImmigration and Nationality Act("INA").
Collier County may consider the employment by any Consultant of unauthorizedaliens a violation of Section274A(e)
of the INA. Such Violation by therecipient ofthe Employment Provisionscontained in Section 274A(e)of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Consultant attests thatthey are fully compliant withall applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s))and agreesto comply with theprovisions of the Memorandum of Understanding
with E-Verify and toprovide proof of enrollment in TheEmployment Eligibility Verification System (E-Verify), operated
by the Department of Homeland Security in partnership with theSocial SecurityAdministration at the time of
submission of the Consultant's/Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced as identification.
Print or Type Name) Type of Identification and Number)
Notary PublicSignature
Printed Name of Notary Public
NotaryCommission Number/Expiration
Thesigneeof this Affidavitguarantees, as evidenced by the sworn affidavitrequired herein,the truth and accuracy of
this affidavitto interrogatories hereinafter made.
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Purchasing
Attachment 6: Consultant Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with theInternalRevenue Service regulations, Collier County is required to collect the following
information for taxreportingpurposesfromindividuals and companies whodobusinesswiththe County(including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) requirethat thecounty notify you in writing of the reason for collectingthisinformation, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return withyourquote or proposal.
1. General Information (provide all information)
Taxpayer Name
as shown on income tax return)
Business Name
if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. CompanyStatus(check only one)
Individual/Sole Proprietor Corporation Partnership
Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3)Enter the tax classification
D=Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
Consultantswho do not have a TIN, will be required to provide a social security numberprior to an award of the
contract.)
4. Sign and Date Form: Certification: Underpenalties of perjury, t certify thatthe information shown onthis form is correct to
my knowledge.
Signature Date
Title Phone Number
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Cofer County
AdministrativeServices Division
Purchasing
Attachment 7: Insurance and BondingRequirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of FloridaStatutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability 1,000,000 singlelimit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Productsand Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Floridalaw, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees fromanyand all liabilities, damages,
losses and costs, including, butnot limited to, reasonable attorneys'fees and
paralegals'fees,to the extentcaused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. Thisindemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnifiedparty or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ®Automobile Liability 500,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. Other insurance as Watercraft Per Occurrence
noted:
United StatesLongshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
Per Occurrence
Maritime Coverage(Jones Act)shall be maintained where applicableto
the completion of the work.
Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
5,000,000 each occurrence if applicable tothe completion of the Services
under this Agreement.
Per Occurrence
Pollution Per Occurrence
Professional Liability per claim and in
the aggregate
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1,000,000 per claim and in the aggregate
2,000,000 perclaim and in the aggregate
Project Professional Liability Per Occurrence
Valuable Papers Insurance Per Occurrence
6. Bid bond Shall be submitted withproposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All
checks shallbe madepayable to theCollier County Boardof County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal DepositInsurance Corporation.
7. Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount,the cost borne by the Proposerreceiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as"A-"or better as to
general policy holders ratingand Class V or higherrating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders'surplus, allas reported in the mostcurrent BestKey Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, NewYork, New
York 10038.
8. ® Consultant shall ensure that all subcontractors comply withthesame insurance requirements that he is
required to meet. The same Consultant shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier Countymust be named as"ADDITIONAL INSURED" on the Insurance Certificate for
Commercial GeneralLiability whererequired.
10. ® The Certificate Holder shall be named as CollierCounty Board of County Commissioners, OR, Board of
County Commissioners in CollierCounty, OR Collier County Government, OR Collier County. The
Certificates of Insurancemuststatethe Contract Number, or ProjectNumber, or specificProject description,
or must read: For any and all work performed on behalf of CollierCounty.
11. ® Thirty (30) Days Cancellation Notice required.
Consultant's Insurance Statement
We understand the insurancerequirements of these specifications and thatthe evidence of insurability may be
required within five (5) days of the awardof this solicitation.
Name of Firm Date
Consultant
Signature
Print Name
Insurance Agency
Agent Name Telephone Number
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Coo,er County
Administrative Services()vision
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: 13-6012 StreetscapeImprovements—Thomasson Drive & Hamilton Ave.
ReferenceQuestionnaire for:
Name of Company Requesting Reference Information)
Name of Individuals Requesting Reference Information)
Name: Company:
Evaluator completing reference questionnaire) Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process thatcollects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of theCompany listed in the Subject above has listed you as a
client for whichthey have previouslyperformedwork. Please completethesurvey. Please rate each criteria tothe best of
your knowledge ona scaleof 1 to 10,with 10 representing that you were verysatisifed (and would hire the firm/individual
again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item orform willbe scored"0."
Project Description: Completion Date:
ProjectBudget: Project Numberof Days:
Item Citeria Score
1 Ability to manage the project costs (minimizechange orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Qualityof work.
4 Quality of consultative adviceprovided on theproject.
5 Professionalism and ability to managepersonnel.
6 Close out project process (final product turnover; invoices; manuals or going
forwarddocumentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpectedproject circumstances.
9 Ability to followCounty policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in thefuture(customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: By
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FROM: STAPLES INC
315 WEA1,LEY RD NO POSTAGE
CALEXICO GA 92231 PARCEL POST NECESSARY
IF MAILED IN
THE UNITED
POSTAGE DUE COMPUTED BY DELIVERY UNIT STATES
POSTAGE $
TOTAL POSTAGE AND FEES DUE $
MERCHANDISE RETURN LABEL
PERrv1ITNO1 CALEXICO CA 92231
STAPLES CARTRIDGE RETURN 315 WEAKLEY RD limannalmmiomm
IMIIINEMNINMEIN
IONIMMINNOMMOMM
POSTAGE WILL BE PAID BY ADDRESSEE
POSTAGE DUE UNIT
U S POSTALSERVICE
PO BOX9998
CALEXICO CA 92231
Recycle your toner cartridge and help the environment!
Its easyand FREE with Staples.
Recycling empty toner cartridges with Staples is a great way to help the environment, and
it'sa free service to you. Staples pays the postage when youuse this recycling label.
Follow these easy steps:
1. Place yourempty toner cartridgewith packing materials into a box and tape it
securely.
2. Print this postage paid label using the "Print" functionality of your browser.
3. Cut the label off at the center perforation line.
4. Attach the preformatted labelto the package and drop it in the US Mail.
This program is neither sponsored nor endorsed by any original equipment manufacturer.
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V"Leatt4 fie. .34Orw Fey
Bayshore Gateway Triangle CRA•Bayshore Beautification MSTU
Haldeman Creek MSTU
BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCALADVISORY
BOARD MINUTES OF THE FEBRUARY 4, 2014 MEETING
The meeting of the Bayshore/GatewayTriangleCommunity RedevelopmentAdvisory Board was
called to order by Steve Main 6:00 p.m. at the CRA OfficeMeeting Room 3570 Bayshore Drive,
Unit 102.
RollCall: Present: Advisory Board Members: LarryIngram, Steve Main, Maurice
Gutierrez, Mike Sharman, Shane Shadis, PeterDvorak, Chuck Gunther. The following
were excused absent: Karen Beatty.
CRA Staff Present: Jean Jourdan, Interim Executive Director, Ashley Caserta, Project
Manager, and Ekna Guevara, Operations Coordinator.
II. Adoption of Agenda: Mr. Mainasked if anyone had any changes. Havingheard none he
asked for a motion. Motion to approve the agenda made by: Peter Dvorak. 2nd by:
Maurice Gutierrez. Approved: 7 - 0.
III. Adoption of Minutes: Mr. Main asked for a motion toapprovetheJanuary 7, 2014
meeting minutes. Motion by: Larry Ingram. 2nd by: Shane Shadis. Approved 7 - 0.
IV. CRA Project Updates.
A. CRA's 17+ Acre Property: The Estimated Value is $3,000,000. Premiere Plus Realty
Company was selected to market and sale the CRA's 17+ acres. The Exclusive Right ofSale
and Listing Agreement was approved by the BCC on January 14th and the executed Agreement
was forwarded to the realtor January 27th. Therealtor is currently obtaining an appraisal.
B. Residential LotDevelopment. There are currently ten (10) newhouses under
constructionwithin the Bayshore area. Fournew houses are proposed to start
construction. Nian Financing willbegin construction on the fiveVan Buren lots in June.
C. Calusa Breeze: Twenty four homes are proposed for construction within the
Gateway area on Calusa Ave.
D. CRA Residential Lots Advertisement: The BCC approved the saleof the property on
January 14th
and the property closed on January 24th
E. FPL Lights on Andrew Drive: Lights have been installed at their locations.
F. CirrusPoint n/k/a Solstice: At the December 19, 2013 PlanningCommission meeting
the CCPC voted to forward to BCC with a recommendation of approval. The BCC hearing is
scheduled February 11, 2014 BCC meeting. If approved, it will be go in effect in 30 days.
Construction scheduled to commence thereafter.
February 4, 2014 CRA-AB Minutes Page 1
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G. Community Garden: Mr. Jeff S. Curl, ASLA CLARB, President of EmergeDesign LLC
provided conceptualarchitectural renderings for the garden for submittal of the application to the
Zoning Department. The church will be making additions to their building that are not garden
related and have decided to submit the communitygarden as part ofthe sited development plan
amendment for their improvements.
H. Grant Application (Fire Suppression Upgrades): The CRA and City of Naples will
submit a joint grant application in March/April.
I. LDC Amendment: Amendments to theOverlay are in process to support more vivid colors
and a change to the currentOverlay map to expand the GTMXD to northside of Davis Blvd
changecolor from white to pink). In process.
J..Annual Report and Newsletter: Staff in compilinginformation for theannualreport and
newsletter for March presentation to the Board. The newsletter will be mailed toarea residents.
MSTU Protect Updates:
A. Landscape Update: Ground Zero performed scheduledlandscape maintenance in the
Bayshore MSTU. Additionally, theyreplaced the dead palm with a maturetree.
B. South Bayshore Update: At the January MSTU meeting, an area residentmentioned that
South Bayshore needssomeattention. The MSTU AC noted that the topic should beona future
agenda for discussion, withinput from the Naples Botanical Garden, AC member Carolyn
Cochrane (at her discretion) and GroundZero. Staff has reached out to the Garden and has
invited a member of their team to meet on site. Staff will report thefindings at a future
meeting. Aaron fromGround Zeroreported thatthere hasbeen work in the S. Bayshore area.
Members agreed to allowGround Zero to remediate thearea. We will then walk thearea and
make an assessment of any other improvements that need to be made.
C. Bayview & Lunar Update: The contractor, Quality Enterprises, was approved by the CRA
Board on November 12, 2013. Next step: Staff held a pre-construction meeting with the
contractor, engineer, CEI and County inspectors on January 21st. Construction is to begin
March 3, 2014 on Bayview Drive and willbegin on May 19, 2014 on Lunar Street. Final •
completion is September 28, 2014.
D. Thomasson Drive Update: Staff was not able to negotiate an acceptable price for design
services with Atkins and has begun negotiations with the next ranked firm: RWA. Staff has met
with RWA and has discussed the challenges theproject faces and will continue to work with
them to achieve a contract that is suitable for the MSTUand the consultant.
E. Bayshore Pagoda Maintenance: The MSTU voted to have the pagoda pressure
washed and repainted on the lastagenda. Staff has requested bids from local
contractors to do the work. The following quote submittalswere obtainedfrom our
local vendors. All quotes include: Pressure washing, Bleaching and Painting.
Cover All, Inc. 695.00
Spectrum Contracting 2,267.00
Service Painting of FL too busy
Cover All has performed the work.
Requests for Payments: none
February 4,2014 CRA-AB Minutes 2
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V. New Business:
A. C-BIG Grant Requests: There are three C-BIG grantrequests. They are: Jamba
Juice requesting $20,000, The Real Macaw requesting $3,550and LTA, Associates
requesting $3,500. After much discussion among members there was a motion.
Motion to approveThe Real Macaw and LTA, Associates and request more
information on Jamba Juice for the next CRA meeting made by: PeterDvorak. 2"d:
Larry Ingram. Approved: 7— 0.
B. Corporal Mike Nelson: Emergency calls statistics were provided.
2012 Total calls 4,125
2013 Total calls 3,690
He also announce the annual "Clean-Up" which will be held on February 8th between
8am to 12pm.
C. FY14 Goals & Objectives: Thefollowing was discussed.
Theme 1
Goal 1: Objective 1.2 was changed to "Sell our county owned 17 acres property".
Strategy 1.2.1 stays withexceptionof thedatewhich was changed to 2016.
Goal 1: Strategy 1.1.3 was removed.
Goal 2: Objective 2.1 was changed to "Re-establish residential and commercial grants".
Add: Goal 4: "Actively promote the CRA office as the Bayshore /Gateway informational
and visitor center.
Goal 4: Objective 1.1 "Inform and promote the redevelopment area".
The other goalswill be continued to nextmonth's meeting.
VI. Advisory Board General Communications: none,
VII. Citizen Comments: none
VIII. A 'ournmen ..
Approved and rwarded by Steve Main, CRA-AB Chairman.
February 4, 2014 CRA-AB Minutes 3
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BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY
BOARD MINUTES OF THE NOVEMBER 4, 2014MEETING
The meeting of the Bayshore/GatewayTriangleCommunity Redevelopment Advisory Board was
called to order by Steve Main 6:00 p.m. at the CRAOfficeMeeting Room3570 Bayshore Drive,
Unit 102.
I.Roll Call: Present: Advisory Board Members: Steve Main, Maurice Gutierrez, Mike
Sherman, Chuck Gunther(late), Karen Beatty, Shane Shadis, Peter Dvorak, and Larry
Ingram.
CRA Staff Present: Jean Jourdan, CRA Operations Manager, Ashley Caserta, Project
Manager, andEkna Hue, Operations Coordinator.
II. Adoption of Agenda: Motion to approve the agenda made by: Peter Dvorak. 2nd by:
Maurice Gutierrez. Approved: 7-0.
III. Adoptionof Minutes: Mr. Main asked for a motion to approve the October 7, 2014
meeting minutes. The following are requested amendments; IV.B.1. remove everything
after the first sentence. And IV.B.2. Should read "Construction is complete on both
Bayview Drive and Lunar Street. Finalcompletion was September 28,2014. A final
completion walk-through was done with MSTU staff, the contractor, CEI and designer
on October 2,2014."Motion to approve minutes as amended made by: Maurice
Gutierrez. 2nd : Peter Dvorak. LarryIngram abstained. Approved: 6-0.
IV.
A. CRA Project Updates.
17+ Acre Property: The Estimated Value is $3,000,000. Premiere Plus RealtyCompany was
selected to market and sale the CRA's 17+ acres. Staff has a scheduled meeting to discussthe
property and what can be built.
2. Gateway Triangle Properties: FortinoConstruction presented their conceptual design for
this property. The following list includes the development features:
7) seven storyhotel
15,000 to 20,000 sq.ft. of retail space
Rooftop restaurant
A residential building that will have a pool and tiki bar on the roof with about190units
Event space in the hotel
On October 28, 2014, the BCC voted on the sale of this project and denied it dueto the language
in the agreement. Staff is working onthe agreement and will be presenting this to the BCC on
November 18, 2014.
3. Residential Lot Development. The builder has applied for permits and is waiting on those to
break ground.
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4. Calusa Breeze: The permits for this project have been approved. Construction will begin in 3
weeks.
5. CRA Residential Lots Advertisement: Love Legacy will begin construction for the
residential houses on Lunar once permits are approved.
6. Solstice f/k/a Cirrus Point: The project will be moving forward per the developer. They will
resubmit and go through a comprehensive plan amendment to request a density bonus. These
will be market rate housing.
7. Community Garden: Mr. Jeff S. Curl, ASLA CLARB, President of Emerge Design LLC
provided conceptual architectural renderings for the garden for submittal of the application to the
Zoning Department. Thechurch has hired and architect and engineer and continuing to move
forward.
8. The Garden School: Kathy Khatib "Still working on the schoolredesign, finding ways to
bring down the costs. Want to make sure the school will work at all levels, including financially
10/2/14).
9. DRI Grants Application (APPROVED): Karen Drive and Pineland Avenue stormwater
improvement projects: In-office work for the Karen Drive StormwaterImprovement Project
grantfunded in the amount of$154,120) and the Pineland AvenueStormwaterImprovement
Project (grant funded in the amount of $56,570) has begun. We are currently working on the
design phase of the project at this time. Actual trucks and boots on the ground will take maybe 2
months.
10. Becca Avenue Lot Sale: The Purchase Agreement has been forwarded to the County
Attorney's Office for review. Staff is working with the County Attorney's Office.
11. Lakeview Speed Hump: Staff has been communicating with a resident who is working on
obtaining the signatures for the petition.
B. MSTU Project Updates:
1. Landscape Update: Affordable Landscaping has been maintaining the area and correcting
all the irrigation issues throughout Bayshore Drive.
2. Bayview & Lunar Update: The streetscaping for these streets has been completed.
3. Thomasson Drive / Hamilton Avenue: RWA presented a conceptualdesign for this project
in the MSTU meeting. There is an exhibit in theoffice for viewing. RWA will be presenting again
next monthwhich will present more options.
4. KarenDrive & Pineland StormwaterImprovements: We are currently working onthe
design phase of the project at this time.
Requests for Payments: Motion to pay all bills made by: Steve Main. 2nd by: Karen Beatty.
Approved: 8-0.
V. Old Business: None
VI. New Business:
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A. Becca & Francis Ave Lots:
Staff met with stormwater staff which announced they will be focusing in our area. The
Francis property was purchased for stormwater issues originally therefore that willbe
the use for it. Members were requested to create a list of priorities be e-mailed to staff
to present to the stormwater department in consideration for the exchange of the Becca
lot. Keeping in mindLindwood and Lakeview speed hump requests. Staff will collect
and presenttherequests at the next meeting.
VII. Advisory Board General Communications: Mike Sherman requested we include the,
now named, RegattaLanding project which includes the building of 64homes as partof the
CRA Updates
VIII. Citizen Comments: Mike Nelson fromthe Sheriff's officepresented the Bayshore area
crime statisticswhich showed a lower number from last year, over 1,000less in one year. Vern
a resident of Fredrick's Street, which is nearthe RaceTrac project, gave an update on the
project and was looking for a confirmation that theCRA was still in support of funding the mail
out. The developer has to apply for a waiver approvalwhich will go before the BCC.
V. Adjournment: Meeting adjourned at 7:20pm
Approved by Steve Main, CRA-AB Chairman.
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BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE MINUTES
OF THE DEC EMBER 2, 2014 MEETING
The meeting of the Bayshore Beautification MSTU Advisory Committee was called to order by
Chairman Maurice Gutierrez at 5:00p.m. at the MSTU Office 3570 Bayshore Drive, Unit 102.
I. Roll Call : Present: Advisory Committee Members: Maurice Gutierrez (Chairman), Victoria.
Nicklos, Sheila Dugan, Sandra Arafet, Gerry Buck , Carolyn Cochrane and Robert Mesmer .
MSTU Staff Present : Ashley Caserta (MSTU Project Manager), Jean Jourdan (CRA
Operations Manager ) and Ekna Hue (Operations Coordinator).
II. Adoption of Agenda: Mr. Gutierrez asked for the adoption of the agenda. Motion to approve
the agenda made by: Sandra Arafet . 2 nd : Sheila Dugan . Approved: 7-0.
III. Approval of Minutes: Mr. Gutierrez asked for approval of the minutes for the Nov ember 4,
2014 meeting, with the e xception of one change to the Landscape Report (vote was 6-1, Sheila
Dugan dissented) motion m ade by : Gerry Buck . 2nd: Victoria Nicklos . Approved: 7-0.
IV. Projects Report :
A . MSTU Update
1. 1. Landscape Update: Affordable Landscaping has been maintaining the area and has been working
with County Irrigation maintenance expert Roger Dick to make some repairs to the system.
a. Al has ordered and received the new palms that need to be replaced. They will be planted
onc e a repair is made to the irrigation system.
b. There were several major breaks in the irrigation lines this month when a contractor to FPL
was replacing the FPL poles and dug through the lines. The contractor, Pike, has made
repairs to the lines.
c. The oak trees along Bayshore need to be trimmed. We have requested quotes from several
companies and we received two quotes and a few non -bids. Vote required: Recommendation
to have Affordable Landscaping trim the trees according to ROW standards. Motion to
approve the expenditure of funds to maintain the trees through Affordable
Landscaping made by Gerry Buck. 2 nd : Sandra Arafet. 7-0.
d. There was some discussion regarding replacing plants on Bayshore Drive and approaching
the Naples Botanical Garden for assistance. S taff noted that in a few months, more
information regarding construction costs for Thomasson will be received and this could be
considered as another project at that time.
2. Karen Drive and Pineland Avenue stormwater improvement projects: In -office work for the
Karen Drive Stormwater Improvement Project (grant funded in the amount of $154,120) and the
Pineland Avenue Stormwater Improvement Project (grant funded in the amount of $56,570) has
begun. The funds have been received and the first step is to obtain an environmental review that is a
Offices: 3570 Bayshore Drive Unit 102 Naples, Florida 34112
Phone: 239 -643 -1115
Online: www.BGTCRA.com
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re quirement of the grant. The project must be completed by June 2015. Actual trucks and boots on
the ground will take 2-3 months.
3.Thomasson Drive / Hamilton Avenue: This project was discussed under New Business .
V. Old Business
A. Request for Payment of Services: Motion to make payment made by: Victoria Nicklos .
2nd: Carolyn Cochrane . Approved: 7-0.
V. New Business
A. Thomasson Drive / Hamilton Avenue Streetscape Project Update with RWA : Chris
Wright and Barry Jone s with consultant RWA were present at the meeting. They
presented three section drawings, each with four options to be considered for the
project design. The options proposed different locations for the bike lanes, curb types
and sidewalk widths. RWA’s Option 1 was selected as the primary option that the
committee w ould like t o focus on based on the l ocation of t he bi ke l ane b eing a long t he
edge of t he road and painted green. RWA not ed that t his i s t he m ost c ost e ffective
option and that t he D esign Criteria Report w ill be more s pecific i n regards t o cost. Even
more de tail on probable c onstruction cost w ill be a vailable onc e t he 60% pl ans a re
drawn.
Ca rolyn Cochrane mentioned an issue with school traffic at Avalon Elementary School
at peak times. Vehicular traffic is not accommodated for within the Avalon School
parking lot and stops traffic along Thomasson. The issue will be addressed in the
Design Criteria Report for further discussion at a later date.
Robe rt Messmer noted that he is not in favor of any d esign that places bicycle traffic
directly along the street next to vehicular traffic.
Mot ion to select RWA’s Option 1 made by Carolyn Cochrane. 2 nd by: Gerry Buck.
Vote was 6 -1 with Robert Messmer dissenting.
VI I.Committee Communications : Next meeting will be Tuesday, January 6, 2015 at 5pm.
VIII .Public Comments : None.
IX.Adjournment
The meeting adjourned at 6:00pm
____________________________________
A pproved by Maurice Gutierrez, MSTU Advisory Committee Chairman
Offices: 3570 Bayshore Drive Unit 102 Naples, Florida 34112
Phone: 239 -643 -1115
Online: www.BGTCRA.com
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BayshoreGateway Triangle CRA•Bayshore Beautification MSTU
Haldeman Creek MSTU
BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY
BOARD MINUTES OF THE JANUARY 6, 2015 MEETING
Themeeting of the Bayshore/Gateway Triangle CommunityRedevelopment Advisory Board was
called to order by Steve Main 6:00 p.m. at the CRAOfficeMeeting Room 3570 Bayshore Drive,
Unit 102.
RollCall: Present: Advisory Board Members: Steve Main, Maurice Gutierrez, Mike
Sherman, Karen Beatty, Peter Dvorak, Chuck Gunther. Larry Ingram was excused. The
following wereabsent: ShaneShadis.
CRA StaffPresent: Jean Jourdan, CRA Operations Manager, Ashley Caserta, Project
Manager, and Ekna Hue, Operations Coordinator.
II. Adoption of Agenda: Motion to approve the agenda made by: Peter Dvorak. 2nd by:
Maurice Gutierrez. Approved: 6-0.
III. Adoption of Minutes: Mr. Main asked for a motionto approvetheDecember 2, 2014
meeting minutes. Motion to approveminutes as amended made by: Maurice Gutierrez.
2nd : Mike Sherman. Approved: 6-0.
IV.
A. Speakers / Presentations
1. Commissioner Penny Taylor:
As you are aware, the RedevelopmentPlan is long overdue to be updated,but due to our
financial constraints with the loan we have not had the funding to do so.
Background and Summary of Project and tasks Completed($5,000)
Report on existing conditions in the CRA(Est. $25,000 for both Financial Feasibility and
Market Analyses)
Feasibility Study
Estimates of future CRA Increment Revenue
Availability of future CRA funds for identified projects and programs
MarketAnalysis (What is the best range of uses for redevelopment both in Bayshore and
the Triangle
Draft New Redevelopment Goals, Objectives, and Policies ($12,000)
Workshops (2 before Advisory Board and 1 before BCC: ($6,500)
Final Draft Report($6,500)
Hearings (CCPC and BCC): ($5,500)
Estimated CRA Plan Update Cost Range: $60,000- $80,000.
Commissioner Taylor asked if thisadvisory board is open to have speakers, such as
developers, come to our meetings throughout the year. Members agreedon this
suggestion.
The advisory board requested someone who may have figures such as the turtles or
alligators toplace down Bayshore Drive.
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2. Communication regarding Cirrus Point a/k/a Soltice: We have re-submitted the PUD
amendment and small scale plan amendment for Soltice to County staff. We amendedthe
application that was previously moving through the process toadd provisions for senior
housing. We will need to hold another neighborhood information meeting due to the proposed
revisions.Wayne Arnold made a presentation for Soltice.The information included: 10 acres
project which will house either 200 senior housing Assisted Living units for ages 55+ at market
rate or 108 residential multi-family house units with a minimum of 1,200sq. ft. for live in only,
no rentals.
Motion to agree on this developers idea as presented for senior housing made by: Mike Sherman.
2nd by: Steve Main. Approved: 6-0.
B. CRAProject Updates
1. CRA's 17 Acres Property: Continues to be advertised for sale.
2. Gateway Triangle Properties: Possible buyer is in 150 day inspection period.
3. Residential Lot Development (NIAN): These lots need to startthe application process no
later than March 26, 2015. Most of these lots have been conveyed to other entities. Thecounty
Attorney's office will be contacting the owners to advise of the deadline, otherwise, the county
will be considering taking backtheseproperties.
4. Breeze of Calusa: Construction will begin this month.
5. CRA ResidentialLots Advertisement: Love Legacy has submitted permits for two (2)
buildings which havebeen rejected and are currently working on corrections.
6. Solstice f/k/a Cirrus Point: Presentation on today's meeting.
7. Community Garden: Mr. Jeff S. Curl, President of EmergeDesign LLC provided conceptual
architectural renderings for submittal of the application to the Zoning Department. The church
has hiredand architect and engineer and continuing to move forward.
8. The Garden School: Kathy Khatibstill working on the schoolredesign, finding ways to bring
down the costs. Wants to make sure the school will work at all levels, including financially.
9. DRI Grants Application (APPROVED): Karen Drive and PinelandAvenue stormwater
improvement projects: In-office work for the Karen Drive Stormwater Improvement Project
grant funded in the amount of $154,120) and the Pineland Avenue Stormwater Improvement
Project (grant funded in the amount of $56,570) has begun. We are currently working on the
design phase. Actual trucks and boots on the ground will be in next month.
10. Regatta Landing: Are currently being constructed.
11. Haldeman's Boat Dock: No new application yet.
12. RaceTrac: No new application has been submitted as of yet.
13. Becca Ave: The Stormwater Department is willing to match the offer wereceivedfrom the
Shelter for Abused Women for this property. Staff is preparing an ExecutiveSummary to take
this issue to theBCC on their next meeting.
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14. AnnualReport: Thisannualreport is due to the BCC on March 3.2015. Staff is beginning to
work on this task and requested inputfrom the advisory board. Theadvisory board agreed to
have the report printed andmail out to all residents as we have in thepast.
Motion to asktheMSTU BeautificationAdvisory Board to help pay for the annualreportmade
by: PeterDvorak. 2nd by: Maurice Gutierrez. Approved: 6-0.
Note: The advisory boards joinworkshop is schedule for April 7, 2015.
B. MSTU Project Updates:
1. Landscape: Affordable Landscape has been maintainingeverything and are currently
trimming the tree's in theRight of Way down Bayshore Drive.
2. Thomasson Drive / HamiltonAvenue: The MSTU is in the design phase andlooked at four
different sections to consider whichincluded differentlocations for thebike lanes. They voted to
continue thelook which is already in placedown Bayshore to keep consistency. This includes
the green bike lanes and a shared usepath on both sides of the street. More details will be
forthcoming in thenextmeetings.
3. Side Streets: This topic was just a discussion itemas there is no money for thenext few
years.
4. Capital Improvement Plan: This will be lookedat in the coming months and will include a
possible boundary expansiontowards the East of Thomasson Drive.
Requests for Payments: Motionto pay all bills including property taxes but hold back on
payment of the mail out made by: Peter Dvorak. 2nd by: Karen Beatty. Approved: 7-0.
V. Old Business: None
VI. New Business: Naples Auto Donation Center has requested to utilizethe CRA's
property in the Triangle area as a car storage until we sell our property. Motion to allow Naples
AutoDonation Center to store/park their donated vehicles on CRA property made by: Maurice
Gutierrez. 2"d by: Karen Beatty. Approved: 6-0.
VII. Advisory Board General Communications:
VIII. Citizen Comments: Mike Nelson from the Sheriff's office announcedthat the Bayshore
Area was the recipient ofthe Anthony SutinCivic Imagination Award.
IX. Adjournment:
Approved by SteveMain, CRA-AB Chairman.
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