Contract 17-7050Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this (r day of SaMW.r 20 ig , by
and between the Board of County Commissioners for Collier County, Florida, acting as the
Community Redevelopment Agency, a political subdivision of the State of Florida (hereinafter
referred to as the "COUNTY" or "OWNER") and TOA Design Group, LLC, authorized to do
business in the State of Florida, whose business address is 1000 North Ashley Drive, Suite 400,
Tampa, Florida 33602 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Planning Consulting
services of the CONSULTANT concerning Bayshore Gateway Triangle CRA Redevelopment
Plan Update (hereinafter referred to as the "Project"), said services being more fully described
in Schedule A, "Scope of Work", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Planning Consulting services in
all phases of the Project to which this Agreement applies.
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Work 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 Ginger L. Corless, AICP, CPRP a qualified licensed
professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf
of the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
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Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically
those contractual requirements at F.S. § 119.0701(2)(a) -(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
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1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have the
discretion to unilaterally terminate this Agreement immediately.
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
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary
for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and/or deficient documents, failure to comply with local, state
and/or federal requirements and/or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all-inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Pian Update11
"
;f
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by OWNER through a Change Order or Amendment to this
Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types
listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Change Order or Amendment authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under
this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life
or property, any Additional Services must be approved in writing via a Change Order or an
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
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
performance under this Agreement. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.2. 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.
2.3. 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.
2.4. Providing renderings or models for OWNER'S use.
2.5. 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.
2.6. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.7. 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.
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Updates
2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.9. 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).
2.10. 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 Work 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.
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Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in accordance with
this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints, space, capacity and
performance requirements, flexibility and expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the
Project, including existing drawings, specifications, shop drawings, product literature, previous
reports and any other data relative to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the Project
site to perform the services to be provided by CONSULTANT under this Agreement; and
(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
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
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
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Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof. The Project
Manager, or designee, reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the Consultant; and, as a business practice there are no hourly or
material invoices presented, rather, the Consultant must perform to the satisfaction of the
County's project manager before payment for the fixed price contract is authorized.
Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the Consultant 's employees and subcontractors to perform the work (number of
hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, shall apply only to tasks
procured under the Time and Materials pricing methodology specified in paragraph 5.1 above.
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Pian Update"
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
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Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
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 defend, 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.
8.2. The duty to defend under this Article 8 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, OWNER and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. CONSULTANT'S obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier •termination of this Agreement until it is determined by final
judgment that an action against the OWNER or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
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.
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
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 read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
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:
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Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2. The CONSULTANT will inform the Project Manager the personnel intended to assign to
the Project to perform the Services required hereunder in the Consultant's proposal. All
personnel, subconsultants and subcontractors identified in Consultant's proposal shall not be
removed or replaced without OWNER'S prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub -subcontractors.
10.4. CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
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
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Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
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
17
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6. In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
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.
is
Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update" '
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:
Collier County Community Redevelopment Agency, Collier County Florida
Bayshore Gateway Triangle Redevelopment Area (CRA)
3570 Bayshore Drive, Unite 102
Naples, Florida 34112
Telephone: (239) 643-1115
Attention: Debrah Forester, CRA Director
Email: Debrah.ForesterOCollierCountyFL.gov
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:
19
Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
TOA Design Group, LLC
1000 North Ashley Drive, Suite 400,
Tampa, Florida 33602
Phone: (813) 224-8862
Attn: Ginger L. Corless, AICP, CPRP, Principal/Director
of Community Planning and Design Solutions
Email: gcorless _ tindaleoliver.com
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.
20
Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
16.6. In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Request for Proposal (RFP), the Consultant's Proposal, and/or the
County's Board approved Executive Summary, the Contract Documents shall take precedence.
16.7. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
16.8. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
16.9. 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.
16.10. The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF WORK
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
RFP # 17-7050 Terms and Conditions
CONSULTANT'S PROPOSAL
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
21
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE 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. CONSULTANT'S compensation
shall be adjusted to exclude any sums by which OWNER determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
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."
22
Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
' t
`fir
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. 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
se . 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.
23
Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
f';,
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Bayshore Gateway Triangle CRA Redevelopment Plan Update the day and
year first written above.
ATTEST:
6,;
Dwight E Brock, Clerk; -
By-
Date: ")wWatt,
Attest is to Ch, ' man'
si nature only.
pproved as t orn and Legality:
County Attorney
/1 b A
Name
Witness
Donald D. Latkovic, CFO
Name and Title
42
Wit ess
Joel
Name. and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, ACTING AS
THE COMMUNITY REDEVELOPMENT
AGENCY
By:
Donna Fiala, Chairman
TOA Desiqn Group, LLC
William L Ball Chief 0 er��g Officer
Name and Title
24
Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
G�
SCHEDULE A
SCOPE OF WORK
"Bayshore Gateway Triangle CRA Redevelopment Area Plan Update"
(following this page)
2s
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
SCHEDULE A
Bayshore Gateway Triangle CRA Plan Scope of Work
Project Understanding
The Bayshore Gateway Triangle CRA wishes to update the Redevelopment Area Plan to not only meet the
requirements of Florida statutes, Chapter 163, Part 111, but also to continue its work in creating a unified
vision for the CRA while identifying new redevelopment strategies, projects, and programs that "enhance
economic development and quality of life within the CRA by eliminating blight conditions and facilitating
community partnerships, business growth, job creation, and neighborhood rehabilitation."
The CRA Redevelopment Area Plan Update is an important initiative that will continue to leverage the
community and economic assets that currently lie within the CRA to create an environment ripe for growth
and development. This Plan will balance the needs of future growth, reinforce sustainable practices, and
enhance the quality of life within the area by testing and building upon CRA's following goals:
> Provide accountability and transparency
> Continue to identify and update community priorities
> Promote public safety & security
> Encourage economic development & revitalization
> Improve infrastructure to meet needs of existing and new residents
> Innovative land development and growth management planning
> Improve community character
> Encourage adaptive reuse and rehabilitation of buildings
> Eliminate substandard housing & promote new housing
> Beautification
> Create interconnections and a friendly pedestrian/bicyclist community
> Continue to create partnerships
> Inter -local intergovernmental coordination
> Identify and establish entrances and gateways
> Promote CRA owned land for development of catalyst projects
We have reviewed the County's RFP, the 2000 Redevelopment Plan, and Annual Reports and performed
a brief review of the Comprehensive Plan and LDC relating to redevelopment with the Bayshore Gateway
Triangle Community Redevelopment Area. We applaud the County and CRA for the implementation of
strategic planning projects, including the adoption of the Gateway Mixed Use Overlay District and the
Bayshore Mixed Use Overlay District, to encourage dynamic communities for people to work, live, and play.
We understand the CRA and community have expressed an interest in other sustainable and alternative
initiatives to encourage entrepreneurial development.
The Tindale Oliver Design Team (Consultant) has the credentials to provide all the services identified in the
County's scope of services for this contract including planning, urban/suburban design, economic
development and public financing. Furthermore, we excel at innovative interactive community outreach
activities specifically for redevelopment initiatives. Based on our understanding and our expertise in
preparing community redevelopment plans and updates, we offer the following approach and scope of
work.
Schedule A-1
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
Task 1. Evaluate Existing Bayshore Gateway Triangle Redevelopment Plan
We understand the purpose of this task is to document and evaluate current conditions within the CRA and
validate future direction through an active community outreach program.
1.1 Assessment
1.1.1 Plan and Policy Assessment
The purpose of this subtask will be to review/assess existing plans and policies currently guiding
redevelopment/development within the CRA. These plans/policies will include, but are not limited to the
following:
> 1999 Blight Study
> 2000 Redevelopment Plan
> CRA Annual Reports since 2000
> CRA Board Meeting Minutes
> Review of planned and scheduled construction projects
> FY 2017-2018 Operating Budget — both for CRA and MSTU
> Review of current and past residential and business commercial programs
> Collier County Comprehensive Plan
> Existing land development regulations
> Information on planned or proposed CRA projects and programs
> A review of the previous 5 years CRA revenues
> A review of historical data regarding previous TIF projections
> A review of planned projects, programs and services provided by other County departments and
agencies within the CRA for potential partnering opportunities
> Other pertinent documents identified through discussions with staff and stakeholders
® Deliverable: A brief memorandum will be prepared summarizing findings, including a
determination if the CRA Plan will be an edited version of the original or drafted as a totally new
plan.
1.1.2 Fieldwork Conditions Assessment
Following document review and the project kick-off meeting, the Tindale Oliver Design Team will conduct
a "window survey" to document existing conditions and potential investment opportunities within the CRA.
This assessment will identify and document existing elements, including:
> Unique urban design/public realm design elements
> Community Character
> Historic structures/sites
> Roadway facilities/conditions
> Bicycle/pedestrian facilities and conditions
> Inventory of existing land uses and businesses within the CRA
> Business tenant mix
> Land -use patterns including vacant sites and occupied and unoccupied structures
> Sites and/or potential structures with potential for increased density/intensity and/or mixed use
development
> Assessment of conditions on the CRA fringe
Schedule A-2
Contract #17-7050 'Bayshore Gateway Triangle CRA Redevelopment Plan Update"
7
® Deliverable: Tindale Oliver Design will coordinate with the CRA Director prior to, during and
following the field assessment. The finding from this task will be highlighted in the Existing
Conditions Report (see 1.3.3).
1.1.3 Assessment
Building upon the existing conditions assessment and information provided by the CRA/County, the Tindale
Oliver Design Team will utilize photos and graphics to summarize issues and opportunities within the CRA,
with a specific focus on the following:
> General existing conditions graphic for use in future planning activities
> Identify the location of sites or structures with the potential for mixed-use and more intense
development
> Unique design treatments and attributes that should be protected/enhanced
> Identification of existing parks, plaza and open space
> Traffic and bicycle/pedestrian safety concerns
> Land use transitions between commercial cores/nodes and residential neighborhoods
> Housing conditions and opportunities
> Other potential issues — stormwater, utility infrastructure, etc.
• Deliverable: Tindale Oliver Design will provide the draft assessment graphics to the CRA Director
for comment prior to including in the Existing Conditions Report (see 1.3.3).
1.4 Demographic and Trends Assessment
The Tindale Oliver Design Team will evaluate existing demographic and market data (e.g., population,
housing, business types, property values, and generalized market trends obtained from readily accessible
sources) within the CRA and will run future projections. In addition, we will evaluate building and
development trends within the CRA and region to assess opportunities for future redevelopment initiatives.
® Deliverable: Tindale Oliver Design will coordinate with the CRA Director prior to, during and
following the assessment. The finding from this task will be highlighted in the Existing Conditions
Report (see 1.3.3).
1.2 Meetings and Public Involvement
1.2.1 County Department Interviews
A maximum of five (5) Interviews with County Departments will be scheduled to evaluate the review process
for CRA projects to facilitate efficiency and assure consistency with the redevelopment plan goals and
objectives. Based on direction from the CRA and County, there may be multiple individuals that participate
in each interview session. These interviews will be coordinated by CRA staff and will be held over two days
in coordination with the scheduling of the stakeholder interviews described in Task 1.2.2.
1.2.2. Stakeholder Interviews/Small Group Sessions
Stakeholder interviews will be held with local business/property owners within the CRA to better understand
local needs and economic conditions. CRA staff will select the interviewees and coordinate the interview
schedule. There will be a maximum of six (6) interviews which will be held at County offices during a two-
day period. Based on direction from the CRA and County, there may be multiple individuals that participate
in each interview session. To maximize efficiency, the stakeholders may be organized into three small
groups per day.
Schedule A-3
Contract #17-7050 'Bayshore Gateway Triangle CRA Redevelopment Plan Update"
1.2.3 Community Outreach Forums
Two public workshops will be held in support of Plan Update efforts. The first will be held to discuss the
overall intent of the Update and seek input regarding refining community objectives and the identification
of potential projects and programs within the CRA.
The second will be held to present the draft plan and seek input on final projects and initiatives. This
approach will allow for the community to set the overall planning framework early in the process and to
review/assess proposed projects, plans, and initiatives before the draft and final plan documents are written.
® Deliverables: Meeting Agendas, Sign -In Sheets, and Meeting Notes.
Conditions/Plan1.3 Existing -
work
1.3.1 Update Community Objectives
The Tindale Oliver Design Team will evaluate the Strategic Priorities and CRA's planning and programming
initiatives. Through an assessment of the existing conditions, evaluation of opportunities, discussions with
staff and the CRA Advisory Board, and public input, we will update the CRA community objectives, resulting
in guiding principles to base the CRA Plan Update.
1.3.2 Project Identification and Conceptual Plan Framework
Based on the information gathered during the existing conditions analysis and input gained through staff,
CRA Advisory Board, and the public, a comprehensive listing of potential projects, strategies, and initiatives
will be identified for inclusion within the Redevelopment Plan Update. In addition, this task will include the
development of a plan outline and framework for the planning document that will be discussed/refined with
input from staff and the CRA Advisory Board. The potential project, strategies, and initiatives identified will
be focused on the topic areas described as follows.
Transportation Connectivity
To encourage the development of a more functional, walkable, and inviting CRA, we will address overall
transportation patterns and transit, bike, and pedestrian connections both within the CRA and to key assets
and attractions outside the CRA. The Tindale Oliver Design Team will identify a conceptual plan to create
friendly and safe connections.
Parking Assessment & Strategies
Based on information collected from County staff and past reports, identify potential parking issues and
strategies for improvements.
Infrastructure Needs
This subtask will include the identification of additional infrastructure needs that should be addressed within
the CRA. These needs could include those identified as a result of aging infrastructure or improvements
needed due to increasing system demand caused by increasing development densities/intensities as a
result of infill and redevelopment activities within the CRA. Recommendations for potential projects will be
made based on a cursory assessment of existing data sources, staff discussions, public input, and
fieldwork.
Schedule A-4
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
Land Use and Urban Design Strategies
This subtask will include the identification of specific policy and regulatory strategies that should be put
in place to encourage the evolution of the CRA's Strategic Priorities and Community Objectives. These
recommendations will build upon the data/analysis and identify specific changes to the Comprehensive
Plan and/or Land Development Code that should be undertaken to encourage the development of the
desired look and feel within the built environment of the CRA.
Vacant Parcels Strategy and Identification of Catalyst Sites
Based on a cursory assessment of the vacant parcels and structures within the CRA, the Tindale Oliver
Design Team will identify strategies regarding infill development and opportunities for specific sites to be
redeveloped to serve as a catalyst for surrounding development.
Streetscape, Parks, and Aesthetic Improvements
The CRA has invested greatly in improving the public realm. To continue this objective, projects and
programs will be identified to further enhance the CRA's aesthetic elements for streets, rights-of-way,
parks, and open spaces.
Development Incentives and Other Strategies
The CRA has a strong foundation in offering business and residential incentives and programs. To be
successful and fulfill its long-term vision, the limited resources of the CRA must continue to be leveraged
in a way that effectively attracts and retains private -sector investment. This investment increases
economic activity, brings jobs, and increases property values, which will augment the resources of the
CRA and the County as a whole. To attract this investment, the CRA should continue its practice of
offering a variety of incentives to encourage new development and retain existing businesses and
residents. The CRA's current initiatives will be reviewed, and recommendations will be made regarding
retaining them, enhancing them, or phasing them out.
1.3.3 Existing Conditions Summary Report - Deliverable
Based on sub -task 1.3.1 and 1.3.2, the final deliverable will include an Existing Conditions Summary Report
and presentation.
1.3.3.1 Draft Report
The Tindale Oliver Design Team will prepare a written summary with supporting graphics to summarize
research, field assessment/Ground Truth and community input. As stated in the County's RFP the report
will contain at minimum the following:
> Current Conditions or "Ground Truth"
> Gap Analysis
> LDC and GMP Assessment
> Demographic Analysis
> Summary of Infrastructure Requirements
> Preliminary Recommendations
1.3.3.2 Presentation
The Tindale Oliver Design Team will present the findings from Task 1 to the Community Redevelopment
Agency Advisory Board for public discussion and to reach consensus regarding the GAP Analysis,
preliminary redevelopment recommendations, updated CRA Plan goals, and community character
objectives.
Schedule A-5
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
1.3.3.3 Final Report
The Task 1 Final Report will be updated based on direction received from the Community Redevelopment
Agency Advisory Board.
Task II. Redevelopment Plan Preparation
Once potential projects and initiatives have been identified and vetted by the Community Redevelopment
Advisory Board, the Tindale Oliver Design Team will prepare the Draft Plan to meet the requirements of
F.S. Chapter 163, Part III based on input received from CRA/County staff and through analysis described
in the work tasks.
2.1 Bayshore Gateway Triangle CRA Tax Increment Financing (TIF) Projections
The Tindale Oliver Design Team will review the tax increment revenues collected by the CRA since
establishment to gain an understanding of collections and set a baseline for future projections. This is
important to note, for other firms will only look at the previous five years. Due to the "Great Recession"
baselines cannot be set based on the previous 5-10 years' worth of data. We will conduct a focused review
of the market characteristics of the CRA that will include an updated assessment of macroeconomic and
microeconomic conditions. The assessment also will include an evaluation of commercial opportunities in
the CRA.
Based on the assessment of future development, growth, and the projects, programs, and strategies
identified in this update, the Tindale Oliver Design Team will calculate revenue projections and develop a
summary assessment and forecast of economic conditions to provide generalized guidelines of market
potential and land use options for the CRA. In essence, the analysis will establish parameters that outline
"the art of the possible" for potential uses that display synergistic relationships with the larger economy
while focusing on the unique size and balance of uses within the CRA. Using data from the market
assessment to forecast development and redevelopment goals, Tindale Oliver Design will create TIF
projections based on low-, medium-, and high-growth scenarios to help the CRA Board of Directors, the
County, and the public understand the potential revenues available for redevelopment activities for the
remaining life of the CRA.
Alternative Funding Strategies
TIF revenues should not represent the only source of funding; as part of the planning process, specific
recommendations will be made that will most effectively maximize the return on investment (ROI) for every
dollar spent. This approach also will include recommendations on how to use the CRA's resources to create
public/private partnerships that leverage multiple sources of funding to complete projects. Grants and other
alternative funding programs will be identified based on specific projects and programs that may be
identified in the Plan Update.
2.2 Capital Improvement Plan & Funding Strategies
Based on review of the previous and current capital improvement plan for the CRA, observations,
discussions with staff, and public input, the Tindale Oliver Design Team will update the CRA's capital plan
through remaining Plan duration, ensuring the Plan meets the requirements of Florida Statutes, Chapter
163, Part III, governing redevelopment areas. The capital improvement plan will identify all sources of
potential funding (i.e., TIF, grants, general revenue, impact fees, public-private partnerships, and public -
public partnerships) for specific projects, not just CRA increment revenues.
Schedule A-6
Contract #17-7050 "Bayshore Gateway Triangle GRA Redevelopment Plan Update"
ter„'=
2.3 Comprehensive Plan and Zoning Regulations
Recommend amendments to the Comprehensive Plan and Zoning Regulations necessary to further
the updated goals and objectives. This subtask addresses the effort necessary to assist County Staff in
presenting the proposed changes and any potential draft Zoning Regulation Amendments to the following
groups. It is noted that the CRA Advisory Board and Board will be provided information regarding the
proposed amendments at the meetings identified in Task 3.
• Attend meetings with Growth Management Division (up to 4 meetings -2 may via phone call)
• Present Draft Comprehensive Plan and Zoning regulations changes to Collier Planning
Commission (up to 2 meetings to be done the same day as the presentation of the draft CRA
Plan Update)
The Draft will clearly articulate the goals and measurable objectives of the plan and identify all the projects
and initiatives developed to accomplish the CRA Mission, Strategic Priorities, and Community Objectives
as refined through this update process and meet the requirements of F.S. Chapter 163, Part III. The Draft
Plan will be submitted for review and comment to staff prior to taking it to the public and other agencies for
approval. The Plan, at minimum, will include the following:
> Updated Redevelopment Plan Conceptual Diagram
> Implementation Plan that outlines steps necessary to achieve the updated goals and objectives and
to implement the identified catalyst projects
> List of infrastructure improvement projects required by the Plan Update and estimated timing of each.
This will include an assessment for potential funding sources, general departmental activities that
could be used as resources within the CRA.
Once the draft plan has been submitted, staff will provide comments/edits within two weeks. Tindale Oliver
will then provide a revised version of the draft CRA Plan. Staff will then be given one more opportunity to
review/comment on the draft document.
2.5 Final Plan
The Task 2 Final Report will be updated based on direction received from CRA/County staff and will include
the following:
> The proposed amendments to the current community redevelopment plan will be provide in a Strike -
through and underline format as a word document (Note: Depending on the proposed reorganization
of the existing CRA Plan it may not be possible to efficiently produce a final plan in
strikethrough/underline format and will instead be provided as a new clean plan).
> A clean version of the proposed amended plan will be provided in both word and a PDF.
> Any graphics will be provided in an editable format if possible or as a Jpeg and PDF format and in
separate files for future use.
Staff will be given the opportunity to review/provide one set of clarifying comments on the final plan
document.
Schedule A-7
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
3. Bayshore Gateway Triangle Redevelopment Area Plan Update Approval
Following receipt of the final comments on the Draft Plan, a Final Plan document will be prepared and
submitted to the County for take through the final adoption process. The Tindale Oliver Team will support
the CRA/County staff with the adoption process for the Plan Update. Activities for this task will include the
following:
> Preparation of all presentation materials for all meetings noted in this task
> Provide CRA/County staff ample time for review
> Prepare Executive Summary for Planning Commission and CRA/BCC meetings
> Prepare final Updated Bayshore Gateway Triangle Redevelopment Plan Update Document which
includes all components of Tasks 1 through Task 3.
> Assist in drafting taxing authority notices and advertisements for Plan Update Adoption
> Assist in preparation of resolutions/ordinances necessary for updating CRA Plan
> Present Plan update to CRA Advisory Board at a public meeting. 1 meeting
> Present to Planning Commission —1 meeting
> Present to CRA Board and BCC (2 meetings held on the same day)
> One (1) additional public meeting if requested by the CRA Director.
Schedule A-8
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
SCHEDULE B
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 status, in terms of the total work effort
estimated to be required for the completion of the Basic Services and any then -authorized
Additional Services, as of the last day of the subject monthly billing cycle. Among other things,
the report shall show all Service items and the percentage complete of each item.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have been
completed to OWNER'S reasonable satisfaction.
Tasks
Description
Lump Sum Fee:
Payment
Schedule
1.
Evaluating Existing Conditions
$ 40,415
Monthly Upon
Percent Complete
of Task
2.
Redevelopment Plan Preparation
$ 77,715
3.
Redevelopment Plan Approval
$ 16,600
4.
Not -to -Exceed Fee for Reimbursables
and Additional Meetings
8,000
TOTAL FEE Total Tasks 1-4
$142 730
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of One Hundred Forty -
Two Thousand Seven Hundred and Thirty Dollars ($142,730) 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, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.4. 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,
26
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
f
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.5. Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
27
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update'
B.3.5.1. Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of
Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with
respect to Project related trips, to the extent such trips are approved by
OWNER. Such expenses, if approved by OWNER, may include coach
airfare, standard accommodations and meals, all in accordance with
section 112.061, F.S. Further, such expenses, if approved by OWNER,
may include mileage for trips that are from/to destinations outside of
Collier or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
8.3.5.1.5. Expense of models for the County's use.
B.3.5.1.6. Other items on request and approved in writing by the
OWNER.
28
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
Attachment I - SCHEDULE B
FEE SCHEDULE
Contract Manager
Financial Planner
Senior Transportation Planner
Senior Redevelopment Planner
Landscape Architect
Planner/Designer
GIS/Graphics
Project Engineer
$200.00/hr
$200.00/hr
$170.00/h r
$135.00/hr
$110.00/hr
$ 95.00/hr
$ 85.00/hr
$150.00/hr
The above hourly rates are applicable to Time and Materials task(s) only. The above list may
not be all inclusive. Additional hourly rates for other personnel may be added upon mutual
agreement in advance and in writing by the Project Manager and the Consultant.
29
Contract #17-7050 "Bayshore Gateway Triangle GRA Redevelopment Pian Update"
SCHEDULE C
PROJECT MILESTONE SCHEDULE
30
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
CumulativeNumber
of Calendar Days,
for Completion
TaskDescri
Description
p
from Date of
Notice'to Proceed for
Services under, this
Agreement
Task 1
Evaluate Existing Conditions
120 Days from NTP
Task 2
Redevelopment Plan Preparation
180 Days from NTP
Task 3
Redevelopment Plan Approval
210 Days from NTP
Reimbursables and Meetings
280 Days from NTP
30
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
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 coverage, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(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) Coverage 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 coverage
and limits required hereunder. In addition, certified, true and exact copies of all insurance
policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverage 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
coverage 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
32
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
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 coverage 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 coverage required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverage and charge the CONSULTANT for such coverage 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 coverage
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverage shall in no way be construed to be a waiver of any of its
rights under the Agreement.
33
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
X $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.
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
34
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
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:
X Single Limit per Occurrence $1,000,000
Products/Completed Operations Aggregate $2,000,000
Aggregate $2,000,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) Collier County Board of County Commissioners, OR, Board of County Commissioners
in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the
Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors
comply with the same insurance requirements that the Contractor is required to meet.
(4) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
35
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update",
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
X 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 coverage required herein and shall include all
coverage 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:
X $1,000,000 each claim and in the aggregate
36
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
(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 coverage 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
37
Contract #17-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project -specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
38
Contract 417-7050 "Bayshore Gateway Triangle CRA Redevelopment Plan Update"
r r:....4.41 AnAQAnn
TINnAnI_11
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
1 12/15/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
USI Insurance Services, LLC,
1715 N. Westshore Blvd. Suite 700
Tampa, FL 33607
CONTACT
NAME:
(PAH NNE Ext 813 321-7500 FAX No):
O,
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Travelers Indemnity Company 25682
INSURED
TOA Design Group, LLC
1000 N Ashley Dr., Suite 400
Tampa, FL 33602
INSURER B : Commerce & Industry Insurance 19410
Travelers Casual and Sure 31194
INSURER C : Casualty Surety
INSURER D: XLSpeciaity insurance Company 37885
INSURER E : Travelers Indemnity Company 25682
INSURER F
rnvconr_cc RFRTIFICATF NIIMRFR, REVISION NUMBER:
v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
X
X
6807H273337
2/24/2017
02/24/201
EACH OCCURRENCE $1,000,000
PREMISES DAMAGE RENTED
PREMISESS Eaoccurrence $1,000,000
CLAIMS -MADE a OCCUR
MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ 2,000,000
�� PRO-
POLICY ^I JECT _ LOC
OTHER:
$
E
AUTOMOBILE LIABILITY
X
X
BA8130L506
2/24/2017
02124/201
(CEO, acciden1INEDSINGLE LIMIT 1,000,000
BODILY INJURY (Per person) $
ANY AUTO
BODILY INJURY (Per accident) $
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X HIRED AUTOS X AUTOS
PROPERTY DAMAGE $
Per accident
$
B
X
UMBRELLA LIAB
X
OCCUR
X
X
BE096059640
2/24/2017
02/2412018
EACH OCCURRENCE $9 000 000
AGGREGATE $9,000,000
EXCESS LIAB
CLAIMS -MADE
DEDTX RETENTION $O
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN ❑
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
N / A
X
UB7082Y317
9/01/2017
09/01/201
X SER UTE OERH
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1,000,000
E.L. DISEASE -POLICY LIMIT $1,000,000
If yes, describe under DESCRIPTION OF OPERATIONS below
D
Professional
DPR9913242
4/20/2017
04/20/2018
$2,000,000 per claim
Liability
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Professional Liability coverage is written on a claims -made basis.
RE: Contract 17-7050 Bayshore Gateway Triangle CRA Redevelopment Plan Update
Collier County Board of County Commissioners are included as an additional insured under the captioned
General Liability and Automobile Liability policies on a primary and non contributory basis if and to thee
extent by written contract.
Collier Count Board of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3327 Tamiami rail East Bldg C2
NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE
oL.:A 11"t 06 --Cd-- ,a' ---
@J 1988-ZU14 AGUKU GUKf'UKA I IUN. All rignis reserveu.
ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S22083831 /M21652395 M RLEW