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Backup Documents 01/26/2010 Item #16F4 16FI4 MEMORANDUM Date: February 3, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Contract #09-5318 "Temporary Disaster Housing Study" Contractor: Calvin Giordano & Associates, Inc. Attached is an original contract, referenced above (Item #16F4) approved by the Board of County Commissioners on January 26, 2010. An original will be kept in the Minutes and Records Department for the Official Records of the Board. If you should have any questions please contact me at 252-7240. Thank you. Attachment ITEM NO.: 10 ~- OlU71 ?U-c., 1.~F~4 FILE NO.: ,): RtC:~!rR!~iEIVED: ,~';C)I I ':\"TTC)PNFy 71'0,"'29 P~2'j)~/1 ~ ~ Vi-- '~ p~~~, ~~.~A ...... 0~.Y')?1 ('I V '5CO~ 1 January 26, 2010 c;J1-. D\.JJ..<<-loIIO Office of the County Attorney / ~ L 7 Jeff Klatzkow '1 '') Lyn M. Wood, C.P.M., Contract Specialist ~.M'" Purchasing Department, Extension 2667 (f \ DO NOT WRITE ABOVE THIS LINE ROUTED TO: REQUEST FOR LEGAL SERVICES Date: To: From: ~~ t\"\\O BACKGROUND OF REQUEST: I I This Contract was approved by the BCC on January 26,2010, Agenda tI'fttIt(!.., Item 16.F.4 Re: Contract: #09-5318 "Temporary Disaster Housing Study" Contractor: Calvin, Giordano & Associates, Inc. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Joe Frazier, EMS 16F~' 4 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department h DATE: January 26,2010 RE: Review Insurance for Contract: #09-5318 "Temporary Disaster Housing Study" Contractor: Calvin, Giordano & Associates, Inc. This Contract was approved by the BCC on January 26, 2010, Agenda Item 16.F.4 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. C: Joe Frazier, EMS DATf RECEiVED IAN 28 2010 ~ISK 1~!~GEMtJn { ~(;jL ;~Jj() dod/LMW 16F ~~j'4 mausen 9 From: Sent: To: Cc: Subject: RaymondCarter Friday, January 29, 20109:28 AM LynWood DeLeonDiana; mausen_g; FrazierJoseph Contract 09-5318 "Temporary Disaster Housing Study" All, I have approved the certificate of insurance provided by Calvin, Giordano & Associates, Inc. for contract 09-5318. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 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 1 RLs#~::.h~.c.- Of 'I'> f CHECKLIST FOR REVIEWING CONTRACTS 16 F 1'" Entity Name: (!.AI...VJ'~J 6I1JIt,1>A~.i2..--"t 4{So<!.I~~S, /N~, Entity name correct on contract'! /Yes No Entity registered with FL Sec. of State? ---7Ves No Provided $ '1 Mt L_ Provided $-------'-'-_ Provided $ I II\.LI... Provided $ ------LL___ Provided $ 3"<1 fJt)~ Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ ~ \ l.- _ Products/CompVOp Required $ ~__~_ Personal & Advert Required $___ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily IJ1i & Prop Required $ 5110, '00 Workers Compensation Each accident Required $__.__ Disease Aggregate Required $ __~__ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ S M'I... Aggregate Provided $-----'.'_ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ ~ L. Per Aggregate Required $__ Other Insurance Each Occur Type:__._ Provided $ Provided $ Provided $ Provided $ ._.........yes ~yes Yes --"",,-.Yes /MIL MIL " " No No ....J..-"No No Exp. Date.Jj \ I It Exp. Date " Exp. Date ~~ Exp. Date _.~~ Exp. Date _ I' Exp Date _~_ Exp Date I f ( f II Exp Date ~~ Exp Date ---'-'_ Exp Date lfl! 1I Exp Date ~_~__ _LYes~No Exp. Date flIUt/If) Exp. Date __~~ Provided $_ S P-'L _._ Provided $ _~_'"__ Required $_._~ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattacbed, expiration date of bond __ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: ~_tJ\ll-- __ Chairman's signature block? ~ Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Provided $ Exp Date_ ........-Yes _._- No _.JL'Yes - No _.",.....yes No Yes ...I.L._No Yes No Yes _._No Yes - No ....L Yes No ,./ Yes No ~Yes No ~Yes No _,LYes vYcs ~Yes ~Yes No No _._No ReVi~~e~ InitiaIS:~ Dote, d.T;7;jj 04"CO^~010I222 www.sunbiz.org - Department of State Page 1 of3 16 F ~.. Home Contact Us E~Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search I Submit I Events Name History Detail by Entity Name Florida Profit Corporation CALVIN, GIORDANO & ASSOCIATES, INC. Filing Information Document Number M17373 FEI/EIN Number 650013869 Date Filed 06/27/1985 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/20/2001 Event Effective Date NONE Principal Address 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Changed 04/02/2001 Mailing Address 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Changed 03/02/2000 Registered Agent Name & Address GIORDANO, DENNIS J 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Name Changed: 04/02/2001 Address Changed: 03/02/2000 Officer/Director Detail Name & Address Title PCD GIORDANO, DENNIS J 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Title V http://ccfcorp.dos.state.tl.us/scripts/cordet.exc?action=DETFIL&inCL doc _ number=M 173 73 ... 2/1/2010 . "----.----~_.._-_._"-,.~.- ~.,- -__.__~__...._~"k,.<..".""~__.u. _,_<__, _ ___~~_______._._._..,.__.~._._.__ ~.sunbiz.org - Department of State DOWNES, JOHN 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Tille V JACKSON, ROBERT 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Tille V COOK-WEEDEN, TAMMY 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Tille ST HOPKINS, DAWN 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Tille V EICHNER, SHELLEY 1800 ELLER DR STE 600 FORT LAUDERDALE FL 33316 Annual Reports Report Year Filed Date 2007 0412312007 2008 0212112008 2009 0212512009 Document Images Page 2 01'3 16Ff 02/25/2009 .. ANNUAl. REf'ORT [ View image in PDF format I 02/21/2008 ~. ANNU,\l REPORT r View image in PDF format 1 04/2312007 ANNUAl. REPORT [ View image in PDF format J 01/20/2006.. ANNUAl. REf'ORT I View image in PDF format I 01/19/2005.. ANNUAl. REf'ORT I View image in PDF format J 07/02/2004 .. ANNUAl. REPORT [ View image in PDF format J 01127/2003 ~- ANNUAl. REf'ORT I View image in PDF format I 03/1312002 NJNUAI. REPORT [ View image in PDF format J 04/0212001 -- ANNUAl. REPORT I View image in PDF format -' 03/20/2001 -- Arnendment r View image in PDF format 1 0310212000 ~~ ANNUAL REPORT [ View image in PDF format J 02/24/1999 .. ANNUAL REf'ORT I View image in PDF format I 01127/1~98.~ ANNUAL f,EPORT [ View image in PDF format ] 02/1011997 --ANNUAl. REPORT [ View image in PDF format 1 01/29/1997.~ NAME CHANGE View image in PDF format I 02106/1996 ~~ ANNUAl. REPorn I View image in PDF format ] 01/2511995 ... ANNUIIL REPORT I View image in PDF format I Note: This is not official record. See documents if question or conflict. http://ccfcorp.dos.state.f1.us/scri pts/cordet.exe?action=D ETFIL&inq_ doc.. number= M 173 73... 2/1/2010 -,' -,,_... ~""'~-...._.,~".._~"_..,". ._,.......,..k~'.~ ;;.,.~..~_.__""..~.. www.sunbiz.org - Department of State 16Pre3" Previous on List Next on List Return To List Entity Name Search [. Submit[ Events Name History ';'!I"."'! (onl,J(, liS I u""c I" C'f.'dr', ;',(.< f'l!il(j: '1,/1" i ,(", ',' hel!, ;]1;11 "'1'\-;'). 'j 1'011< pC c'rp/nunl t" 'ii' ;i ~)',n, http://ccfcorp.dos.state.tl.us/scripts/cordet.exe?action=DETFIL&in~ doc _ number=M 173 73 ... 2/1/20 I 0 loF 'It Contract 09-5318 Temporary Disaster Housing Study PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ~~day of ~ ~Cln\A.L(C') 20 i 0, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Calvin, Giordano & Associates, Inc., authorized to do business in the State of Florida, whose business address is 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional emergency disaster planning services of the CONSULTANT concerning the Temporary Disaster Housing Study (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise In the type of professional services that will be required for the Project. NOW, THEREFORE, In consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16F~4 1.1. CONSULTANT shall provide to OWNER professional emergency disaster planning services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Helene Wetherington, AICP, CEM, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by 2 16F 4 the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or 3 ..-_...._"'"-..,...~.._~--~--,--- federal requirements and/or codes and ordinances applicable to consultan~ ~frma!t of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc), and adhere to industry standard CAD specifications. 4 '-~-""'---'-"~--"'--'.'-~"~'--'-_"~_~',,,,_,~__^,,_,,___.'~"_'.". ",_ "'~'__'__.,._._m._'__ 16F \14 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 5 16F 4 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 6 16f , 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; 7 16F It. (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to 8 l~W II. have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 9 16F 4 ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 10 l6r ,. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 11 16f It 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must state: For any and all work performed on behalf of Collier County. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. 12 ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 16)F ,. 10.1 The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule E 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 E. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule E. All personnel, subconsultants and subcontractors identified in Schedule E shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. 13 16F 4 Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S 14 16F 4 principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 15 16F 4 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. 16 16F 4 ARTICLE THIRTEEN CONFLICT OF INTEREST 13.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FOURTEEN MODIFICATION 14.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE FIFTEEN NOTICES AND ADDRESS OF RECORD 15.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/General Services Director Telephone: 239-252-8371 Fax: 239-732-0844 15.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: 17 Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 Attention: Dennis J. Giordano, President Telephone: 954-921-7781 Facsimile: 954-921-8807 16F ,. 15.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SIXTEEN MISCELLANEOUS 16.1. CONSULTANT, in representing OWNER. shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 16.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 16.3. This Agreement is not assignable, or otherwise transferable in whole or In part, by CONSULTANT without the prior written consent of OWNER. 16.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 16.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 16.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set 18 16F 4 forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 16.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 16.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 16.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS ARTICLE SEVENTEEN APPLICABLE LAW 17.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19 16F 4 ARTICLE EIGHTEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 18.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 18.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE NINETEEN DISPUTE RESOLUTION 19.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. 20 16F 4 Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 19.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY IMMIGRATION LAW COMPLIANCE 20.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seQ. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. , , , 21 16F ',. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Temporary Disaster Housing Study the day and year first written above. ATTEST BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: '~w.~ Fred W. Coyle, Chair an j, ItgAlturt OIl,,, Approved as to form and I~ff~ ~.... L ~~~county Attorney S"e./f R~~ Print Name Calvin. Giordano & Associates. Inc. ../~";/ ~ ./. ///1 /_" ..... l,..";> / ,wt::~~ /' /- / S~f2.1v.q !S;:~ /e(( . Print Name '- f (),~~ Witness Y\aoh\e\ ~\I'I\~Oo"~ Print Name \. IV) By: Dennis J. Giordano, President 22 16F It. Schedule A Collier County Board of County Commissioners RFP #09-5318 Temporary Disaster Housing Study Scope of Work Task 1: Stakeholder Database. The CGA Planning Team will work cooperatively with the Project Manager and the Collier Disaster Housing Planning Team to identitY local and regional stakeholders and develop an Microsoft Excel or similar format database to include county/city government agencies that have any regulatory authority over land use, residential permitting and inspections, zoning/planning and utilities. Committee members should have sufficient technical understanding of the disaster housing related policies and procedures, while simultaneously have the authority to commit organizational resources in support of the program. The County may also consider inclusion of other non-governmental and private sector partners who may bring resources to assist the disaster housing program. We will identify the local primary point of contact, the local stakeholders name, agency, title, business address, primary phones, secondary phone, email addresses, and their role in the strategy including regulatory permitting authority, resources, or technical expertise. Deliverables: An electronic database in excel format or similar software preferred by the county which details all contacts associated with the disaster housing program. Timeline: The initial establishment of the contact person database will commence in the first week of contract execution and will be developed in cooperation with the Collier County Project Manager. We believe that additions, revisions, and modifications to the database may be incorporated throughout the life cycle of the project. Therefore, a final version of the database will be provided to the project manager at the end of the contract period. (Enhancement option nat selected) Task 2: Disaster Housing Committee Meetings. In advance of the kick-off meeting, the CGA Planning Team will work cooperatively with the Project Manager to identitY the membership of the Local Disaster Housing Committee. This committee should be comprised of representatives that were identified in Task 1. During the kick-off meeting, the CGA Planning Team will introduce the Collier County disaster housing concepts to the committee, present the project plan and time line, and solicit initial input on project goals, objectives, timelines, additional members which should be incorporated in the planning process. This will also be an opportunity to identitY existing plans, policies, procedures, protocols, after action lessons learned, and similar information to incorporate in the plan development process. In addition to the kick-off meeting, we recommend that two meetings be conducted with the Disaster Housing Committee or smaller topic specific groups to develop, review, and institutionalize each of the planning tasks. Deliverables; Develop and distribute the agenda and meeting support materials in advance of each of the three meetings. Meeting invitations may be distributed electronically by the contractor. However, it is recommended that a member of the county staff distribute major correspondence elements in order to increase participant level. The meeting may include a visual presentation, hand-outs, sign in sheet, contact information, and a post meeting summary of findings, recommendations, and action items. Timeline (Week 2, Week 7, Week 13): The kick-off meeting will be conducted within 3 weeks of contract execution assuming that this provides sufficient participant notice to attend the kick-off meeting. Each of the Disaster Housing Committee Planning meetings will be conducted in week 7 and week 13 to progressively guide, review, and institutionalize disaster housing strategy components. 23 16F 4 Task 3: Literature Review. The CGA Planning Team will conduct a comprehensive literature review to include federal guidance, updates, and eligibility regulations. We will also research and compile current FEMA policy guidance and letters dealing with the "temporary housing program" and implementation on the local and state level in this literature review. Deliverables: A summary of bibliographical references will be developed for inclusion in the final disaster housing strategy document. As appropriate, the plan will also make specific references to regulatory requirements and programmatic guidance documents. Timeline: The literature review will commence during week one project execution and be finalized in week 10. All support materials from stakeholders must be submitted prior to this deadline to ensure incorporation in the drafting of the Disaster Housing Strategy. Task 4: Regulatory Authorities Review. The CGA Planning Team possesses a thorough and complete understanding of planning processes from both a public and private perspective and from municipal to state authority. Local jurisdictions may choose to develop mechanisms such as modified zoning regulations and changes in inspection priorities that would allow the relaxation or waiving of local policies to be triggered by the declaration of a major disaster. Our CGA Planning Team will review the Comprehensive Plan, the Land Development Code, the Building Code, the Post Disaster Redevelopment Plan, the County Comprehensive Emergency Management Plan, and the Local Mitigation Strategy to identify any ordinances, rules and policies in Collier County and its municipalities that limit opportunities for comprehensive implementation of the disaster housing strategy. Based upon our findings we will develop recommendations to modify regulatory authorities. The CGA Planning Team will develop a "crosswalk" that identifies the county and local ordinances, the general permitting process, the expedited process and any additional information needed to obtain required resources. For example, a code provision may limit the hours or days a recreational vehicle may be permitted on a residential lot. The plan would state a provision to extend the time limitation if the recreational vehicle was utilized for disaster housing. In addition, the "crosswalk" plan could state provisions for Florida Building Code permitting requirements, such as for water and electrical connections to the recreational vehicle, and any applicable waivers due to a disaster situation. All related information, including fees and inspections would be demonstrated in a concise format for ease of use. This will ensure an expedited, but safe process in disaster housing situations Deliverables: A "crosswalk" will be developed detailing the regulatory review and regulatory revision recommendations. The crosswalk will be incorporated in the Disaster Housing Strategy Document. (Enhancement option not selected) Timeline: The review and crosswalk will be conducted in week 3 and 4 of the project. Task 5: Environmental Review. In addition to the regulatory analysis, the CGA Environmental Planners, in coordination with our GIS professional, may evaluate the locations of disaster housing group sites to ensure they are not located on or near environmentally sensitive lands. Collier County is home to numerous environmental treasures including the Big Cypress National Preserve, Collier-Seminole State Park, Corkscrew Swamp Sanctuary, Barefoot Beach State Preserve and others. The impacts to the fragile ecosystem must be carefully balanced with the need of disaster survivors in the post disaster environment. The Environmental Review will include research and acquisition of the most current environmental datasets from government and county agencies including but not limited to the Department of Environmental Protection, Water Management Districts and Army Corps of Engineers, U.s. Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, National Wetlands Inventory by USGS, and the Florida Natural 24 16F 4 Areas Inventory. In addition to these environmental resources, CGA will also coordinate with the State to review the Master Site file to identify any archaeological resources within the county. Once all the sites are found maps will be created showing the feasible areas in which the temporary disaster housing can be located with minimal to no impact on environmentally sensitive lands. Deliverables: Our team will provide a summary of the review and tables/maps with acreages of specific zoning designations or environmentally sensitive lands and/or create a map showing these locations. Timeline: The Environmental assessment and review will be conducted during week 5-6 of the project since the result of the review must be incorporated in the strategy development process. Task 6: Expedited Permitting Process. Developing a single expedited permitting process to support the rapid installation of FEMA disaster trailers at pre-designated sites is a vital step in the disaster housing process. Balancing public safety concerns against providing rapid housing options is a delicate process. It is preferable, to develop local regulatory authority to detail the local implementation process. CGA will work with all jurisdictional agencies that have regulatory authority over any aspect of the disaster housing process to evaluate and recommend an expedited process which meets community life safety needs, regulatory requirements yet served the best interest of the disaster survivors. Revised Fee Structure. The community may choose to also evaluate the fee structure in relationship to the emergency permitting process. A number of options are available to communities such as: waiving fees, restructuring fees, or maintaining current fee structures. The local decision-making body should establish and execute a revised permitting process ordinance to ensure that revised disaster processes can be accessed in the aftermath of a large-scale disaster in the community. The regulatory authorities, including the Building Department, must be committed to establishing and implementing a revised permitting process which can be effectively implemented in the aftermath of a large scale disaster in the community. The CGA Planning Team will work cooperatively with the regulatory authorities to evaluate the fee structure. The goal is to determine local preferences, capabilities and community needs in funding permitting activities. In the aftermath of a large scale disaster, local government revenues are significantly impacted. The cost benefit of waiving fees can be a complex social, political, and practical decision, particularly in these difficult economic times. There are a number of legal mechanisms to achieve this goal including ordinance development or revision, executive order passage, and update of the Comprehensive Plan Land Use Element among others. The goal is to institutionalize a process which will allow for a revised permitting process during disaster conditions that is beneficial to both the citizens and the issuing agency. Deliverables: The team will develop a written summary which details the current permit process as well as the recommended revisions to the permitting process based upon local input and state guidance. The summary and recommendations will be incorporated into the final disaster housing strategy document. Timeline: The Permitting Process will be evaluated in week 5 prior to the initial meeting in week 6 where recommendations will be finalized. Task 7: Disaster Housing Strategies. CGA will facilitate the evaluation of the full array of housing strategies to meet the post disaster housing demand within the impacted community. In a major or catastrophic disaster, anyone disaster housing option may not be sufficient to meet the disaster housing needs of the community. Furthermore, housing strategies that support retaining and attracting a local workforce is critical to the County's economic redevelopment. The disaster housing strategy, therefore, should evaluate the various disaster housing options as well as a concrete methodology for selection, design, and installation of the site: . Real estate resaurces: Working in partnership with the private sector, it is vital that survivors maximize the use of existing housing stock whether they are vacant rental units, seasonal residences, 25 16rc If. vacant housing stock for sale or foreclosure. Access to this information is available through local real estate representatives. A process should be developed to ensure public private coordination of this information in the post disaster environment. . Existing mobile home parks and RV sites: These are sites which are already equipped with basic utilities and have a housing pad. The CGA Planning Team will research existing mobile home parks and RV sites to evaluate their use as disaster housing. . Emergency shelter sites: Sites which have been previously identified as emergency shelter sites may also be transitioned to emergency shelter sites when certain catastrophic conditions exist. . Disaster housing group sites: Group sites may be necessary to augment disaster housing capacity in the post disaster environment. While it is generally preferable to place mobile housing units on individual private lots of the survivors, it may be necessary to establish a group sites. There are numerous issues required to evaluate appropriate group site options. Are local utility services available to meet capacity demands, including water, wastewater, storm-water, lighting and power? Are there environmental concerns such as wetlands on the property? Ground water contamination? Hazardous Materials? Noise pollution? Who owns and/or maintains the property and will permission be granted to use the land as a group site? Are there any existing structures, infrastructure or other features on the property? Does the site have sufficient transportation access and public transit options to accommodate need? Can the municipal jurisdiction provide life safety services to this site including fire service, law enforcement, security, medical care? Will the residents have adequate access to community services and essential commodities? What is the approval process for implementation of a Disaster Housing Group Site within the municipality or county? Is the proposed site located in the surge zones, flood plain, or other hazard area? Is the proposed site undisturbed land? . Department of Housing and Urban Development: HUD owned properties in Collier County may also be another choice for disaster housing. It is vital to bring them to the table because of not only the housing resources but also the financial resources available to support long-term recovery. . Habitat for Humanity: This organization has also implemented a post disaster housing mission to develop innovative housing and shelter assistance models that generate sustainable solutions for disaster survivors. They can also provide technical information; program design and implementation; and disaster response policies, protocols and procedures. Through their partnership with local government, non profit organizations, and private sector partners, Habitat for Humanity can be a vital stakeholder to formulated post disaster housing solutions. . Floating Options for Disaster Housing: Based upon the magnitude of the disaster, Collier County may also choose to evaluate the use of floating disaster housing options such as cruise ships and other floating vessels. While this may not be a primary disaster housing option, it may be a catastrophic level option. . Big Box Unit: With the current state of the economy, many jurisdictions have an excess of big box structure which have been vacated and remain empty. Designs are available to quickly convert these bix boxes to individual housing units which provide shelter in the post disaster environment. Deliverables: Working the Planning Committee, CGA will research the host of options available in Collier County for disaster housing strategies and provide recommendations to the Disaster Housing Committee. 26 16F 4 The selection methodology will requirements for each the strategies as well as sources for resource support. (Enhancement option not selected) Timeline: The detailed evaluation of various strategies will be conducted from Week 5 - Week 10. Task 8: Temporary Roofing Program: The CGA Team will identify resources and capabilities to administer a temporary roofing program in accordance with the State of Florida Building Code. The emergency roofing program, administered by the U.S. Army Corps of Engineers in partnership with the Federal Emergency Management Agency, provides for the installation of blue sheeting to temporarily cover storm-damaged roofs on residential structures, schools, day cares, and publicly-owned facilities. These temporary roofs provide short-term relief until the owner can make permanent repairs. The temporary roofs also prevent additional damage from occurring to the building and its contents and may be the difference between a resident remaining in the structure versus seeking temporary shelter. All structures must qualify under the programmatic requirements. Collier County may assist their federal partners by doing the following: . Training of core staff on the program and program requirements; . Coordination with volunteer organization to assist in registering home owners at the check in center, processing of Right of Entry forms, and identifying neighborhoods who require emergency roofing; . Provide federal partners with maps indicating damaged areas and grids to organize response efforts; . Support logistics coordination when possible such as pre-identify check in centers and potential staging areas. Deliverables: We will incorporate a written narrative regarding the temporary roofing program into the Disaster Housing Strategy, develop a pre-scripted news release, and public outreach hand out on the residential retrofitting. All documents will be provided in one hard copy and two electronic disks in a version that may be edited. Timeline: These documents will be developed during weeks 9-10. Task 9: Draft the Temporary Housing Strategy. The CGA Planning Team will incorporate all information gathered through the Planning Meetings, the literature, coordination activities with local, state, and federal stakeholders, to draft the County Disaster Housing Strategy. We will ensure that the Disaster Housing Strategy is not only consistent with Collier County Comprehensive Emergency Management Plan but also the Collier County Codes of Laws and Ordinances, the Comprehensive Plan, the Post Disaster Redevelopment Plan, and all other applicable plans, policies and procedures. The strategy should specifically reference the 2008 National Disaster Housing Strategy which details the new policy direction of the Federal Emergency Management Agency and provides extensive guidance to state and local governments developing disaster housing strategies. Deliverables: The final Temporary Housing Strategy will be developed through the incorporation of all above tasks and findings. We are aware that the RFP requires a delivery of an early draft during the first phase of the project cycle. Our Team will deliver and develop a first draft as requested by the Project Manager, however, this draft will not include the findings from later tasks which will be conducted in consultation and coordination of the Disaster Housing Committee. All documents will be provided in one hard copy and two electronic disks in a version that may be edited. Timeline: The initial draft will be delivered to the Project Manager on the deadline specified to the contract negotiation phase. The final draft of the Disaster Housing Strategy will be delivered on February 1, 2010. Task 10: Data Entry: A member of our team will input and update all data related to the Local Disaster Housing Strategy in the State of Florida Emergency Management database as directed by the Project Manager. Deliverables: Data entry of Disaster Housing Strategy data into the State of Florida Database. 27 Timeline: Entry will be completed by February 1. 2010. 16F 4 Task 11: Executive Presentation & Approval: The CGA will provide a senior management representative to support the presentation of the Disaster Housing Strategy to the Collier County Board of County Commissioners and the Planning Commission. As directed by the Project Manager we will prepare a PowerPoint presentation and other visual materials for the presentation. Deliverables: An executive level presentation to the BCC and Planning Commission. Timeline: As directed by the Project Manager. , , , , , , , , , , , , , , 28 16F 4 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 of: All monthly status reports and invoices shall be mailed to the attention Joe Frazier Emergency Management Coordinator Collier County Emergency Services Center 8075 Lely Cultural Parkway Naples, Florida 34113 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. TASK 1 2 3 4 5 6 7 8 9 10 11 FEE $4,600.00 $2,640.00 $9,600.00 $2,520.00 $4,950.00 $5,075.00 $2,930.00 $4,690.00 $2,345.00 $8,425.00 $840.00 $5,000.00 TOTAL FEE (Total Items 1-11 $53,615.00 29 U letion of task letion of task letion of task letion of task Time and Materials 16F ,. B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Fifty-Three Thousand Six Hundred Fifteen Dollars ($53,615.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a 30 16F 4 maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. ~ ~ ~ ~ ~ ~ ~ ~ 31 16F ... Schedule C Project Schedule / Timeline Collier County Board o/County Commissioners RFP #095318 Temporary Disaster Housing Study Task Contract Approval by BCC Task 1: Stakeholder Database Task 2: Stakeholder Engagement Meetings (3) Task 3: Literature Review Task 4: Regulatory Authorities Review Task 5: Environmental Review Task 6: Expedited Permitting Process Task 7: Disaster Housing Strategies Task 8: Temporary Roofing Program Integration Task 9: Draft Temporary Housing Strategy Task 10: Data Entry Into FDEM Housing System Task 11: Executive Briefing Deadline January 26, 2010 Week I Weeks 2,7, 13 Week I - Week 10 Week 3 - Week 4 Week 5 - Week 6 Week 5 - Week 6 Week 5 - Week 10 Week 9 - Week 10 April 15, 2010 April 20, 2010 TBD by County Project Manager 32 lor i4 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANTS sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in 33 16F ,. the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) 34 16F 4 of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable 35 (4) Maritime Coverage (Jones Act) shall be maintained where applicable t!t~ F ,. completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes _ No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 36 $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 16F 4 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes -- No 37 16F 4 (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes -- No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _X_ $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate 38 16F ,. (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the 39 16F 4 professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D 40 16F 4 Schedule E Key Personnel Helene Wetherington Elizabeth McElroy Sara Sinatra Sandra Lee Richard Sala George Keller Michael Green Project Manager Senior EM Planner Comprehensive Planner Environmental Planner Technical Consultant Technical Consultant GIS Technician Project Workload (%) 30 50 8 8 2 2 o Personnel Title 41 16F 4 eRb- CERTIFICATE OF LIABILITY INSURANCE S9 I DATE (MM/DDNYYY) OPID 01/05/10 CALVI-2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown of Florida, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Lauderdale FL 33310-5727 Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE NAlC # --------- --- -- -----..- L.._....____..______ ------- INSURED INSURER A: Hartford Fire Insurance CO _l,2.6!jL ,--- ---------...------ .. -- .--......-....-------- : INSURER B: Hartford Ins Co of Midwest 37478 Calvin6 Giordano & Assoc, linc. --------- ----- -- Attn: ennis GiormO INSURER C American Guar & Liab Ins Co 26247 -----..- ----------------- 1800 Eller Drive 600 INSURER 0 Hartford Ins_ Co. of the S.E. 38261 Ft. Lauderdale FL 33316 -...--- ----- --...- , INSURER E Zurich American lnsuranc.. Co. 16535 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ~- ----- -- .- --.- J'RTLdq~66~--b~If~~~ : LTR NSRO TYPE OF INSURANCE POLICY NUMBER LIMITS : GENERAL LIABILITY EACH OCCURRENCE .1,000,000 -m< A 'X COMMERCIAL GENERAL LIABILITY 21UUNLK3645 01/01/10 01/01/11 PREMISES (Ea Qccurence) $ 300,000 : ] CLAIMS MADE I){] OCCUR -- MED EXP (Anyone person) '-:iQ.. 00.0 =1 ' PERSONAL & ADV INJURY _ '1,000,000_ --------- f--__n_____ __n______ L~~ER~~~~~~~GATE .2,000,000 --- GEN'L AGGREGATE LIMIT APPLIES PER _PRODUCTS - COMP/OP AGG . 2 ,001),00.0__ - -I POliCY !Xl j~8T 1-00 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1/000/000 B ~ ANY AUTO 21UUNLK3645 01/01/10 01/01/11 (Eaaccident) I , ... ..------ ALL OWNED AUTOS I : BODILY INJURY - . SCHEDULED AUTOS , (Per person) . _~_ _I HIRED AUTOS , , BODILY INJURY (Per accident) , X I NON-OWNED AUTOS --- I $1,000 ded X ,c"mp PROPERTY DAMAGE , X ColI $1,000 ded (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I $ -l ANY AUTO OTHER THAN EA ACC . AUTO ONLY AGG . ~~CESS { UMBRELLA LIABILITY EACH OCCURRENCE $ 5/000,000 ------------------ C xl OCCUR ! CLAIMS MADE AUC594612801 01/01/10 01/01/11 AGGREGATE $ 5/000,000 ~;;-E~CoOp~_ - ----- '- 5,000,000_ ~ ~EDUCT'BLE . X RETENTION .0 . WORKERS COMPENSATION Xb'o~y~~~ll~l_ _j~EP~ AND EMPLOYERS' LIABILITY VIN D ANY PROPRIETOR/PARTNER/EXECUTIVD 21WBN03209 01/01/10 01/01/11 EL EACH ACCIDENT .1,000,000 OFFICER/MEMBER EXCLUDED? . (Mandatory In NH) EL DISEASE- EA EMPLOYEE .1,000,000... ~~~~I~is~~~v~~?6~s below , E_L_ DISEASE. POLICY LIMIT .1,000,000 OTHER E Professional Liab EOC666915218 08/27/09 08/27/10 Each Occ 5,000,000 Claims Made RETENTION: $200,000 Acrcrrecrate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES { EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certiicate holder is listed as additional insured as respects general liability as required by written contract. *10 days notice of cancellation provided for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN Collier County Florida NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Board of County Commissioners IMPOSE NO OBLIGATION OR LJABIL1TY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 Tamiami Trail East REPRESENTATIVES. Building H Naples FL 34112 AUTH~PReSSATIVE -" "'" .^ ACORD 25 2009/01 @1988-2ao9"'ACORD CORPORATION. All ri hts reserved, 9 The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 12009/01)