#04-3684 (CH2MHill)
Contract 04-3684
Vanderbilt Beach Road Extension Corridor Study
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this / /~ day of ~
2005, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or
"OWNER") and CH2MHiII, authorized to do business in the State of Florida, whose business
address is 4350 West Cypress Street, Suite 600, Tampa, FL 33607 (hereinafter referred to as
the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional services of the
CONSULTANT concerning Vanderbilt Beach Road Extension Corridor Study (hereinafter
referred to as the "Project"), said services being more fully described in Schedule A, "Scope of
Services", which is attached hereto and incorporated herein; and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
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1.1. CONSULTANT shall provide to OWNER professional Consulting services in all phases of
the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to owner.
1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days
after receiving its Notice to Proceed, a qualified licensed professional to serve as the
CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The
Project Manager shall be 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. Within five (5) calendar days from the Notice to
Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the
OWNER a written statement, executed by the proper officers of the CONSULTANT,
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acknowledging that the Project Manager shall have full authority to bindlnt oJj9fe.;he ..~
CONSULTANT on all matters arising out of or relating to this Agreement. The tCtH~T~T
agrees that the Project Manager shall devote whatever time is required to satisfactorily manage
the services to be provided and performed by the CONSULTANT hereunder. The person
selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior
approval and acceptance of the OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to
do such from the OWNER, to promptly remove and replace the Project Manager, 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, whom
the OWNER shall request in writing to be removed, which request may be made by the
OWNER with or without stating its cause to CONSULTANT.
1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement. 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 published laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies which regulate or have jurisdiction over the Project or the services to be
provided and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of each such conflict.
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
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information concerning the services to be rendered by CONSULTANT tr~n"ll "'.
CONSULTANT shall require all of its employees, agents, subconsultants and subcont~c s
comply with the provisions of this paragraph.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services of the types listed in Article Two herein. These services will be paid for by OWNER as
indicated in Article Five and Schedule B. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are
due to any other causes beyond CONSULTANT's control.
2.3 Providing renderings or models for OWNER's use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
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rate schedules and appraisals; and evaluating processes available for licensing and assisting
OWNER in obtaining process licensing. 16 B 11
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2.5. Furnishing services of independent professional associates and consultants for other than
the contract services to be provided by CONSULTANT hereunder.
2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANTS in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County in
accordance with generally accepted Professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Coordinator"). The Project Coordinator 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 Coordinator 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:
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(a) The scope of services to be provided and performed by the 10NSUL TANT
hereunder; 6 B 11
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Project Coordinator 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.
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ARTICLE FOUR
TIME
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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 Schedule attached hereto and made a part hereof as Schedule C. Time is of the
essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to
its schedule. 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 the
CONSULTANT, the services to be provided hereunder by CONSULTANT have not been
completed within a maximum period of twenty four (24) months of the date hereof, the
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
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CONSULTANT after expiration of said twenty-four (24) month period, plus all tt jxtBinl
granted by OWNER to CONSULTANT. 0
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.
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 8, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon completion or termination of this Agreement, all records, documents, tracings,
plans, specifications, maps, evaluations, reports, computer assisted design or drafting
disks and other technical data, prepared or developed by CONSULTANT under this
Agreement shall be delivered to and become the property of OWNER. This does not
apply to working papers. Said records, documents, tracings, plans, specifications, maps,
evaluations, reports, computer disks and other technical data prepared by the
CONSULTANT for each project under this Agreement are considered to be instruments
of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies
for its files and internal use
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
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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. OWNER, or any duly
authorized agents or representatives of OWNER, shall, free of charge, have the right to audit,
inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1 To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights
or remedies which otherwise may be available to an indemnified party or person described in
this paragraph 8.1
8.2. CONSULTANT acknowledges that the general conditions of any contract shall include
language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold
harmless and to defend OWNER, its agents and employees from all suits and actions, including
attorney's fees, and all costs of litigation and judgments of any name and description arising out
of or incidental to the performance of the contract or work performed thereunder.
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ARTICLE NINE
INSURANCE
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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.
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 OWN ER. 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.
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, except those previously made in writing 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) failure to begin work under the
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Agreement within the times specified under the Notice(s) to Proceed, or (b) fail16 8J,.1J.
and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws,
ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms
or spirit 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.
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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, the CONSULTANT shall deliver to the OWNER all original papers,
records, documents, drawings, models, and other material set forth and described in this
Agreement, including Section 6.1.
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12.5. The OWNER shall have the power to suspend all or any portions of the'e~c~ 1 J
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.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, stating that wage rates and other factual unit costs
supporting the compensation are accurate, complete and current at the time of the Agreement.
The CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
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required hereunder.
CONSULTANT further represents that no persons
havil ~B~h 1
interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Purchasing Building
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Steve Carnell, Director of Purchasing
Fax: 941-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
CH2MHILL
4350 West Cypress Street, Suite 600
Tampa, FL 33607
Fax: 813-874-3050
Attn: Russell Bowen, Vice President
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, initially consisting of 46 numbered pages 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.
ARTICLE EIGHTEEN
APPLICABLE LAW
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18.1. This Agreement shall be governed by the laws, rules, and regulations of le Qta~ 11
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate Florida state court in Collier County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Vanderbilt Beach Road Extension Corridor Study the day and year first
written above.
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ATTEST:
Dwight E. 'Brock~,,~m~
~<\"J J, .., ~.':Jj{,! [;-'-"
BY:~Ai~'" ~!i+';~ '
At~i~ :' iC:~/~~'tr~ "S:~l .
Dcst~ ~ri. tJ. ,,'i ,.' :',-'
',-,'.. ' ~,~ "",'i':';';;;~'."";"
. ~J,.-.,. -......... .~,.-
" (; '\ .... '., '"...~~"
'/OA .........p\c";:;v-
i.. [;w';H~'v~;;>
Approved as to form and
?;'iil2Ll
Assistant County Attorney
cJZ
Witness E!i~tA.b~fh A-.. A{cAdQrrts. Acs~.
~ ~ c~,. S~e.
Witness
1 ~ f.111 ~
BOARD OF COUNTY COMMISSIONE~i rJo~
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By: (f~, ~-b --"4
Chairma
CH2MHILL
BY:~~-U,( ~---....
;055<:/1 ;/ &wU'? 4I1Irc~ f!eSltie/1+
.
Typed Name and Title
(CORPORATE SEAL)
Item # Jb.8/ L
Agenda } - JJ - DS
Date __
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SCHEDULE A
SCOPE OF SERVICES
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Exhibit "A"
SCOPE OF SERVICES
Vanderbilt Beach Road Extension
Corridor Study
An Evaluation of the Transportation Impact of Extending Vanderbilt Beach Road East of
its Current Terminus, Which is Approximately 2 Miles East of CR 951
STUDY AREA DESCRIPTIONS
This Scope of Services is for the execution of a Planning Corridor Study (hereinafter
referred to as Study) to evaluate the transportation impacts of extending Vanderbilt
Beach Road east of its current terminus at the Olde Florida Golf Club, approximately 2
miles east of CR 951. This Scope is also for the preparation of the necessary
documentation in order to conduct the Study.
The concept of an eastern extension of Vanderbilt Beach Road to Wilson Boulevard has
been identified in Collier County's long-range plans. However, the Study should also
consider future connections and/or extensions of Vanderbilt Beach Road farther to the
east, to Everglades Boulevard and/or DeSoto Boulevard.
II. PURPOSE
The purpose of this Exhibit is to define the project's Scope of Work and corresponding
minimum responsibilities of the Consultant.
The Consultant will have the responsibility of preparing and conducting a public
involvement plan, preliminary engineering, and environmental analyses. These
documents will be utilized to provide input into the County's work program development
process and ensuing production activities.
III. STUDY OBJECTIVES
The Consultant shall conduct the Study and all corresponding products so as to
meet the following objectives:
A. To ascertain the Corridor's existing and future transportation demands, including
traffic volumes, travel characteristics, and historical trends; facility operation (level
of service), conditions of existing facilities and plans for improvements; mobility
problems and special considerations; as well as prevailing land use patterns and
development trends.
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B.
To determine the existing and projected traffic circulation needs for tJc6riarl1""
including traffic volumes, travel characteristics, future conditions and mobility
requirements.
c.
To generally describe natural, physical, environmental, social, political,
operational, and economic constraints within the Corridor that could have a
negative effect upon any proposed alignments.
D.
To develop and recommend alternative alignments that are consistent with the
Collier County Growth Management Plan.
E.
To provide sufficient preliminary engineering and environmental information using
standard typical sections and sketch planning techniques to serve as input for
future County production activities.
F.
To maximize the public's participation in all phases of the Study process.
G.
To develop a traffic circulation plan (or plans) for the local system connection to
. the primary facilities of Vanderbilt Beach Road, CR 951, and Wilson Boulevard
which promotes safe local traffic and bicycle and pedestrian movements.
IV. SERVICES TO BE PERFORMED
The Study shall be comprised of the following elements: public involvement; data
collection and projections; development of corridor alternatives; analysis and ranking of
alternatives; and selection of a preferred corridor alternative. These elements shall be
individually documented in report form. An Executive Summary Report will also be
prepared to provide an overview of the corridor study findings and recommendations.
The Consultant shall complete all work and tasks of the Study, including acceptance by
the County of deliverables, within a maximum period of eighteen (18) months. The major
services to be performed are summarized below.
Task A:
Proiect Initiation
Prior to beginning work, the Consultant shall meet with appropriate County
representatives at the Notice to Proceed Meeting. The purpose of this
meeting shall include but not be limited to the following:
1. The County will render all relevant information in its possession. This
may include previous correspondence, existing traffic counts and
analysis, planning information, and existing right-of-way and utility
information.
2. The County will establish any ground rules upon which the Study
process will be conducted.
3. The County will explain the financial administration of the contract.
4. The County will render the official Notice-to-Proceed letter.
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Task B:
Public Involvement
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1. Preparing Public Involvement Plan
At the onset, the consultant will prepare in accordance with the
Florida Department of Transportation's Proiect Development &
Environmental Guidelines Manual (in Part 1, Chapter 8-2.1), a
written Public Involvement Plan outlining each element of the public
involvement process. The plan shall be updated and amended
throughout the Study process, and indicate the basic public
involvement approach to be taken with the project. It will list the
contact persons, media officials, and agencies, as well as the means
that will be used to involve them in the process. The Public
Involvement Plan will be submitted to the County for approval.
2. Introductory or Kickoff Notification
Upon receiving the County's written approval of the Public
Involvement Plan, letters shall be prepared and mailed by the
Consultant to local government elected officials. The letters shall be
consistent with the Public Involvement Plan, introducing the
Consultant and informing officials of the Study.
Additional contacts shall be maintained throughout the study process
as designated in the Public Involvement Plan.
3. Mailing/Contact List
The Consultant will develop and maintain a computerized database
of contacts, beginning with the list of those notified in the Kickoff
Notification Process. Public officials, community service
organizations, environmental agencies, local and regional
transportation officials, and special interest groups shall be identified
by the Consultant as those individuals or groups to be affected by
the project.
4. Unscheduled Meetings and Presentations
The Consultant and his staff shall be available with no more than a
five (5) workday notice to attend meetings or make presentations at
the request of the County. Such meetings and presentations may be
held at any hour between 8:00 a.m. and 12:00 midnight on any day
of the week. The Consultant may be called upon to provide maps,
press releases, advertisements, audiovisual displays and similar
materials for such meetings. No more than eight (8) such meetings
are anticipated.
19
5.
Collect Public Input
-
16811
This activity occurs throughout the life of the project, requiring the
Consultant to maintain files, newspaper clippings, letters, and in
particular, any record of direct contact before, during and after the
Public Workshops.
Input will be gathered during the Public Workshops, or by other
methods, such as personal contact, letters, surveys, visits, or phone
calls in response to, or following said meeting.
6. Identify and Inspect Public Meeting Site
Prospective sites for the Public Workshops shall be inspected for
suitability. Consideration shall be given to location, seating capacity,
lighting, display space, and any other physical characteristic that
would influence the viability of this site. Possible Public Workshop
sites should be cataloged. The Consultant shall make arrangements
for use of the meeting facility for the Public Workshops including
payment of any rental fees and insurance. Any such fees shall be
considered reimbursable expenses.
7. Coordination Meetings with Local Officials
These meetings shall be held just prior to the Public Workshops to
apprise local officials of the project status, present them with specific
corridor alternatives, and receive their feedback. It is specifically
required that the Public Involvement Report show evidence of
coordination with the local officials. Special emphasis should be
given to regular coordination meetings with the following agencies:
-District School Board of Collier County
-Collier County Emergency Medical Services (EMS)
-Fire Districts of Collier County
-Collier County Parks and Recreation Department
-Collier County Planning Services Department
-Collier County Public Utilities Division
-Local civic associations.
Such meetings shall address each agency's future plans and concerns.
20
8.
Public Workshops
1,; B11
Two workshops will be advertised and conducted by the County as
informational workshops. The Consultant shall attend these workshops
and prepare all necessary displays, maps, etc. The Consultant may be
required to actively participate in any portion of the presentation.
The purpose of the first workshop is to obtain public input regarding the
potential alternatives for study and issues of special concern. The purpose
of the second workshop is to present to the public the results of the study
to date and obtain comments on the viable alternatives. It is possible that
modifications or additional alternatives may be suggested as a result of
citizen involvement.
All presentations, media releases, and legal and display advertisements
shall be prepared
by the Consultant and reviewed and authorized by the County.
A black-and-white, quarter-page display advertisement announcing each
workshop shall be prepared and submitted to the County for approval.
The Consultant shall publish the advertisement in the area newspapers
having the largest daily circulation. Advertising costs are the responsibility
of the Consultant, and shall be considered a reimbursable expense.
Notification shall be made by the Consultant to elected and appointed
officials and other interested persons by letter no later than ten (10)
calendar days prior to the workshops.
News releases shall be prepared and submitted for publication by the
Consultant during the week prior to each workshop.
The workshop format(s) shall be developed by the Consultant and will be
reviewed and approved by the County.
The Consultant shall prepare appropriate displays or wall graphics and/or
electronic projections for use during the workshops. These include aerial
photographs, renderings, charts, and graphs, as needed.
The Consultant shall prepare project hand-outs for distribution at the
workshops.
The Consultant shall brief the County's staff (who will be on hand during
the workshop) prior to the workshop to make sure the staff is up to date
on the project and understands the study well enough to discuss it with
the public and answer questions.
Workshop setup and take down shall be handled by Consultant staff
members familiar with the equipment and the facilities available at the
workshop site.
21
Task C:
sJ6al1
Conducting the workshops will involve knowledgeable
require enough staff members to handle the crowd anticipated for the
workshop. Although the workshops may be scheduled for a certain time
period, staff shall be available for some time before and/or after those set
hours in order to maintain public contact, availability for media interviews,
etc.
The identification of issues brought up at the workshops is an integral part
of the workshop debriefing process, which shall be attended by all staff
members taking part in the workshop process and interacting with the
pubic.
Once issues from the workshop have been identified, their significance
shall be determined by the Consultant and reviewed by the County (i.e.,
are the issues valid enough for further consideration or do they have
elements that may require further consideration.)
Addressing the issues and responding to them is also an integral part of
the workshop process. This task involves letter writing, the placement of
an ad, distribution of news releases, or any other appropriate techniques.
9. Comments and Coordination Report
A Comments and Coordination Report shall be prepared, containing
documentation of the public participation accomplished throughout
the Study period. This report should summarize and respond to the
comments received from the public involvement workshops, agency
coordination, etc. The report shall be submitted with the report for
Task F - Executive Summary.
10. Newsletters
The Consultant shall prepare newsletters at various key points
during the Study. The newsletters shall be mailed by the Consultant
to elected officials and interested persons included on the mailing list
compiled by the Consultant. The County's review is required prior to
mailing. A maximum of three (3) newsletters are anticipated.
Collection of Existina Data
Immediately following the Notice to Proceed, the Consultant shall begin
collecting various information and materials relative to planning,
environmental, and engineering concerns within the study area. The
information should include data necessary to perform an adequate general
evaluation of initial corridor alternatives within the study area. The data and
mapping collected at this stage should generally be existing information
available from various state and local sources.
22
The Consultant shall gather pertinent traffic, enviro,4iB 1d 1
neighborhood data, and determine if deficiencies of information eXIst. -me
Consultant shall review the study's area characteristics and relevant
planning documents including, but not limited to, the current local
government comprehensive plans or planning projects under development,
the current Florida Department of Transportation Five Year Work Program
for Collier County, and the Transportation Capital Improvement Programs
(CIP).
The Consultant will be responsible for summarizing the existing inventory
conditions in appropriate tabular and graphic manner to clearly present the
existing conditions within the study area.
The following types of data are representative of those to be obtained by
the Consultant:
1. Base Mapping
Countywide map(s) to serve as a base for the display of initial
corridor alternatives and major constraints. This can be an existing
map such as from Collier County, USGS, or a Consultant generated
base map.
2. Traffic Data Collection
The Consultant is expected to utilize, to the maximum extent
possible, traffic count data that has recently been obtained for all
collector and arterial roads within the study area. The County will
provide the available existing count data from their files. The
Consultant will review the existing traffic count database provided by
the County and then make recommendations for additional count
locations.
a. 24-Hour Machine Counts
The Consultant will conduct 24-hour machine counts at a
maximum of ten (10) locations within the study area after
receipt of approval of these locations by the County. All
machine counts will be recorded in 15-minute increments by
direction with hourly totals at all count locations. The 24-hour
machine counts will be conducted on a Tuesday, Wednesday
or Thursday.
b. Classification Counts
The Consultant will conduct up to five (5) continuous 72-hour
classification counts at locations approved by the County. The
classification counts will be conducted on a Tuesday,
Wednesday and Thursday in 15-minute increments, with
hourly totals for the entire twenty-four hour period on each
day of the counts.
23
c.
Count ProQram Summary Report
16B11
All count information will be tabulated in computer summary
form by 15-minute time increments with hourly totals for each
day on which counts were conducted. An exhibit depicting
the locations where the traffic counts were conducted will be
prepared. All unadjusted count summary information and
exhibits will be printed as a fully indexed report. Two (2)
bound copies and one (1) unbound copy will be transmitted to
the County.
3. Transportation and land Use Plans
The consultant shall obtain current transportation plans and
programs (FOOT Work Program and local government CIP'S) for
surface transportation modes, as available. Data shall be collected
regarding present as well as future land use, access, proposed
developments and/or area studies, current zoning, and observed
trends within the study area. Data should be sufficient to show
existing and projected residential, commercial, industrial, public,
agricultural, and undeveloped areas within the study area, and
demonstrate any relationships between land use and development
policies. The FOOT's Land Use Mapping System is available as a
data source. The FOOT procedure, Topic No. 550-010-001, Florida
Land Use, Cover and Forms Classification System, shall be used for
reference and for mapping details. The Collier County Growth
Management Plan shall be used to determine future land use,
unless the County advises the Consultant otherwise.
4 Utilities
Existing and proposed utilities that may influence corridor level
location or design considerations shall be identified. Major utility
lines shall be mapped, including overhead/transmission lines,
microwave towers, etc.
5 Cultural Features
Through contact with local officials, the Consultant shall inventory,
identify, and map (as a minimum) the following cultural features in
the study area and its vicinity:
a. Medical facilities.
b. Educational facilities (public and private).
c. Religious institutions.
d. Cemeteries (public and private).
24
e.
Publicly owned lands (parks,
refuges) .
Historic districts and sites.
recreation
arl.6-&~ 1
f.
g. Archaeological sites.
h. Fire stations, civic facilities, government buildings.
i. Neighborhoods
6. Hazardous Material and Contamination Information
The Consultant shall identify and map known major hazardous
materials generators and sites of petroleum contamination that may
affect the viability or location of any Corridor Alternative.
7. Natural Features
a. Wetlands:
Generally identify and map significant wetlands falling partially
or wholly within the Study area that may affect the viability or
location of any Corridor Alternative.
b. Threatened and Endangered Species:
Identify and map potential wildlife corridors that affect any
Corridor Alternative. Conduct a literature search to survey
and identify areas that may contain state and federally
designated endangered and threatened species or species of
special concern. A map shall be produced that shows the
area(s) containing such species in relation to the various
Corridor Alternatives.
c. Soils:
Obtain and map existing information (such as County soil
survey maps and other information from the Soils
Conservation Service) to generally describe the composition
of large areas of unacceptable soils within the Study area,
and their impact on the location of Corridor Alternatives.
d. Floodplain and Drainage:
Identify, delineate, and map all base (1 DO-year frequency)
floodplains and all f100dways that may affect the
viability/location of any Corridor Alternative.
25
Task 0:
Task E:
Existin~ Conditions Analysis
l~Bll
The purpose of this study task is to provide a general evaluation of the level
of service on the major roadways in the study area. 'The latest version of
the FOOT Level of Service Tables or software will be utilized to define
existing levels of service. Accomplishment of these objectives will occur
through the following activities:
1. Existin~ Traffic
The Consultant will prepare a spreadsheet tabulation showing
location specific values for: (1) the percent of daily traffic occurring in
the peak hours; (2) the directional distribution of travel during the
peak hours; and (3) the daily and peak hour truck percentages
(where available).
2. Traffic Adiustment
The Consultant will adjust the actual counts to represent average
annual daily traffic volumes (MDT) using weekly seasonal
adjustment factors provided by the County.
3. Link level Analysis
The Consultant will determine the associated roadway link levels of
service based on the current version of the Highway Capacity
Manual and associated support programs.
4. Existin~ Conditions Analysis Report
All computer generated tabulations and illustrations (including
truck/heavy vehicle flow patterns) related to the existing conditions
analysis will undergo quality assurance checks by the Consultant
and will be prepared for inclusion in the Existing Conditions Analysis
Report. Tabular summaries of the existing level of service
conditions will be prepared by the Consultant and reviewed by the
County.
Corridor Alternatives Analysis and Rankin~
A Corridor Alternative is a comprehensive, conceptual proposal that
illustrates and defines the development and improvement of new and
existing transportation facilities and services, in order to increase the
person-carrying capacity of the corridor and to carry local and through trips
that improve urban mobility and goods movement. The proposal must be
based on system analysis and identify the development and improvement
of regional transportation facilities and services which influence the
performance of the study corridor and other adjacent facilities. The
proposal must be coordinated with state, regional, and local transportation
plans.
26
The Consultant shall develop, with County consultation andlr&t tfgm1tha
first public workshop, initial Corridor Alternatives for ana'IMs. Jfh~"
Consultant will provide all necessary modeling for each of these Corridor
Altern atives.
Once the initial Corridor Alternatives have been defined, each alternative
shall be analyzed in a similar manner and ranked against the other
alternatives. The Consultant shall prepare an evaluation procedure that
shall be reviewed and approved by the County. The Consultant shall
perform any and all analyses necessary to define and select a final
alternative. The following items shall be included in the analysis at a level
of detail commensurate with the definition of initial corridor alternatives. All
modeling will be accomplished utilizing the most recent Collier County MPO
Travel Demand Model (FSUTMS), supplied by the County.
1. Determine Future Travel Demands
The Consultant shall forecast Corridor Alternative travel demand
volumes. The Consultant shall work with the County so that the
future planning projects are addressed as appropriate for this
Study's forecasting approach. This contact will ensure that the
Study will utilize consistent data, principles, and assumptions that
generate results compatible with other ongoing studies in the area.
The Consultant shall present the results of the evaluation of the
traffic projections to the Technical and Citizens' Advisory
Committees meetings. Use of the travel projections are subject to
Cou nty approval.
The Consultant will develop future volumes for year 2030 Average
Annual Daily Traffic (MDT) in sufficient detail to determine the
future needs of the corridor for each alternative.
2. Typical Sections Analysis
The Consultant will determine the typical sections required to meet
the future travel demand of the corridors. The Consultant will also
determine the location and general configuration of any intersections
and/or connecting roadways along the corridors.
3. Right-of-Way Analysis
The Consultant will review available right-of-way data to determine
existing boundaries. Analysis will include additional right-of-way
requirements that will be required by the range of alternatives.
4. Cultural Features Analysis
In the Consultant's development of the Corridor Alternatives, the
mapped Cultural Features must be considered in the evaluation of
the overall impacts.
27
Task F:
Task G:
1" B11
'!:'
5.
Contamination Analysis
In the Consultant's development of the Corridor Alternatives, the
identified and mapped hazardous waste sites must be considered in
the evaluation of the overall impacts.
6. Natural Features Analysis
In the Consultant's development of the Corridor Alternatives, the
identified and mapped natural features must be considered in the
evaluation of the overall impacts.
7. Cost Analysis
The Consultant will prepare a comparison of all Corridor Alternatives
based on estimated costs for construction and any additional right-
of-way.
Executive Summary
In summary detail and non-technical language, the Consultant will fully
document the ranking process used in the Corridor Alternatives Analysis
and Ranking Task. Further, the summary should include appropriate
commentary and discussion of how the ranking of the Corridor Alternatives
relate to MPO plans, local comprehensive plans, long-range transportation
plans, the Florida Transportation Plan, and the plans of transportation
authorities in the region.
The final recommendations shall be presented to the Collier Board of
County Commissioners for final approval. The Consultant shall prepare the
necessary handouts and graphics as well as provide staff for the
presentatio n.
Proiect Management and Coordination
The Consultant shall provide sufficient project management and
coordination to assure production control and assistance to the County
during the study. A series of up to twelve (12) regular briefings will be held
between the Consultant and the County. These briefings should be held
approximately every month, and to the extent possible, on a regular
schedule. The purpose of these briefings is to keep the County updated of
the progress of the study and the Consultant's findings, to confer on future
courses of action, to schedule and coordinate the preparation of other
meetings, and to ensure the study progress is maintained in accordance
with the study schedule. When appropriate, representatives from other
agencies may participate in these briefings. The County reserves the right
to request additional briefings, on reasonable advance notice, should it
become apparent that there are excessive schedule delays or
unacceptable products.
28
Task H:
Study Documentation
1~Bl1
The Consultant shall document the study process through a series of
reports. Maximum use shall be made of tabular and illustrative
presentations of Study data, analyses, and improvement
recommendations. An electronic version of each document (on CD) shall
be delivered by the Consultant to the County. A limited number of hard
copies shall also be provided. The documents and number of hard copies
to be provided by the Consultant to the County are indicated in the
following table:
Document
Public Involvement Plan
Existing Data Report
Existing Conditions Report
Corridor Alternatives Anal sis and Ranking Report
Comments and Coordination Report
Executive Summary
Upon completion of the Study, the Consultant shall deliver to the County, in
an organized manner, all project files, maps, sketches, worksheets, and
other materials used or generated during the study process.
V. STUDY REQUIREMENTS AND PROVISIONS FOR WORK
A. Governina Reaulations
The services performed by the Consultant shall be in compliance with all
applicable State and Federal regulations. Included among these regulations are:
1. U.S.C.: Title 23: Highways.
2. 42 U.S.C. 4332(2)(c), popularly known as Section 102(2)(c) of the National
Environmental Policy Act of 1969, P. 91-190.
3. 49 R.S.C. 1653 (f), popularly known as Section 4(f) of the Department of
Transportation Act of 1966, P.L. 89-670.
4. The National Historic Preservation Act of 1966 (P.L. 89-665) and Executive
Order No. 11593 ("Protection and Enhancement of the Cultural
Environment") as implemented in "Procedures for the Protection of Historic
and Cultural properties", 36 C.F.R.; Part 800.
29
5.
Executive Order No. 11990, "Protection of Wetlands".
-
16B11
6. Executive Order No. 11988, "Floodplain Management".
7. Chapter 339.155 of the Florida Statutes.
8. FDOT PD&E Guidelines Manual.
9. 23 CFR 771.
10. 23 CFR 770.
11. All of the appropriate Federal-Aid Highway Program manual (FHPM)
issuances and related FOOT Policies and Directives governing the
implementation of the previously mentioned regulations.
The standards referred to and recommended in the American Association
State Highway and Transportation Officials (AASHTO) and FDOT's Design
Criteria related to highway safety shall be used to the extent applicable.
The corridor alignments developed by the Consultant shall be the best
engineering solution to a given problem and not merely an adherence to
the minimum AASHTO standards.
12. Chapter 337.241 Florida Statutes.
13. Florida Intrastate Highway System, Minimum Standards.
B. Proiect Schedule
1. Within ten (10) days after Notice to Proceed, the Consultant shall provide
an updated project schedule and anticipated payout curve. Said schedule
and anticipated payout curve shall be subject to approval by the County
before an invoice can be submitted. The project schedule shall not exceed
eighteen (18) months in duration beginning with the Notice to Proceed
meeting.
C. Kev Personnel
The Consultant's work shall be performed and directed by the key personnel
identified by the Consultant during the proposal stage of this project. Deviations, if
any, shall be subject to written approval by the County.
D. Progress Billing
The Consultant shall meet with the County on a monthly basis and provide written
progress reports that describe in detail the work performed on each task.
Progress reports shall be delivered to the County concurrently with the monthly
invoice. Prior to submitting invoice for payment, progress reports and invoice
(percentage) complete will be reviewed during the monthly meeting. Judgment on
whether work of sufficient quality and quantity has been accomplished will be
30
made by the Project Manager or their designee, by comparing
percentage complete against actual work accomplished.
11 '&11
The Consultant will submit bi-weekly status reports, identifying work accomplished
for the previous two weeks and work to be accomplished for the following two
weeks. Any problems encountered should be identified, and suggested solutions
be made in the status report.
E. Liaison Office
The County will designate a Project Manager, who shall be the representative of
the County for the Project. While it is expected the Consultant shall seek and
receive advice from various State, Regional, and local agencies, the final direction
on all matters remains with the Project Manager or their designee.
31
SCHEDULE B
BASIS OF COMPENSATION
1 ~ 811
B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER
agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on
Attachment A entitled "Schedule Fees for Basic Services".
8.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in
accordance with Schedule C milestones.
B.2.1. As consideration for providing properly approved Additional Services set forth in Article
Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment
as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved
Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable
cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly
Rate Schedule" for employees working under this Agreement.
B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT
while providing Basic Services or Additional Services, in the interest of the Project, listed in the
following sub-paragraphs:
(a) expenses for transportation and subsistence incidental to out-of-town travel
required by CONSULTANT and directed by OWNER, other than visits to
the Project Site or OWNER's office;
(b) expenses for preparation, reproduction, photographic production
techniques, postage and handling of drawings, specifications, bidding
documents and similar Project-related items in addition to those otherwise
required in Basic Services;
(c) when authorized in advance by OWNER, except as specifically otherwise
provided herein, the expense of overtime work requiring higher than regular
rates; and
32
(d) expenses for renderings, models and mock-ups requested by 0'", B 11
B.2.3. By way of example and not limitation, reimbursable costs" shall specifically not include
expenditures, except as otherwise described in paragraph B.2.2, such as:
(a) expenses for transportation and subsistence;
(b) overhead, including field office facilities;
(c) overtime not authorized by OWNER; or
(d) expenses for copies, reproductions, postage, handling, express delivery,
and long distance communications.
8.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in
the scope of the project being approved, in writing, by the County.
B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within
thirty (30) days of submittal of an approvable invoice. The number of the purchase order by
which authority the services have been made, shall appear on all invoices. All invoices shall be
reasonably substantiated, identify the services rendered and must be submitted in triplicate in a
form and manner required by OWNER.
B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services,
Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B
are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and
monitoring of expenditures under this Agreement.
END OF SCHEDULE B.
33
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
16811
TOTAL BY TASK
Task A - Proiect Initiation $ 1,588.00
Task B - Public Involvement $ 88,936.00
Task C - Collection of Existing Data $ 71,616.00
Task D - Existing Conditions Analysis $ 4,558.00
Task E - Corridor Alternatives Analysis and Ranking $ 186,700.00
Task F - Executive Summary and BOCC Presentation $ 23,285.00
Task G - Proiect Management/Meetings and Coordination $ 21,125.00
Task H - Study Documentation $ 39,200.00
Su b-ConsultantlServices:
Wilson Miller - Traffic $ 80,050.00
Forge - Geotechnical $ 18,000.00
Coastal - RIW Analysis $ 40,000.00
ACA - Archeological $ 14,500,00
ESA - Noise $ 10,000.00
Total $ 599,558.00
34
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
TITLE RATE PER HOUR
Principal $ 155.00
Project Manager $ 135.00
Lead Engineer/Permit Specialist $ 115.00
Design Engineer/Biologist $ 95.00
Lead Design Technician $ 75.00
Draft Technician $ 60.00
Clerk Stenographer $ 45.00
16 811
35
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SCHEDULE 0
INSURANCE COVERAGE
16811
(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.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the work 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 Contractor/Consultant/
Professional. Such certificates shall contain a provision that coverages afforded under the
policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice
has been given to the Owner.
(5) All insurance coverages of the Contractor/Consultant/Professional 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.
37
-
(7) Contractor/ConsultanUProfessional shall require each of its sUbcontracto1. tfljrBull
and maintain, until the completion of the subcontractor's work, insurance of the types and to the
limits specified in this Section unless such insurance requirements for the subcontractor are
expressly waived in writing by the Owner.
(8) Should at any time the Contractor/Consultant/Professional not maintain the insurance
coverages required herein, the Owner may terminate the Agreement or at its sole discretion
shall be authorized to purchase such coverages and charge the Contractor for such coverages
purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverages purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverages shall in no way be construed to be
a waiver of any of its rights under the Contract Documents.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the Work or termination of the Agreement, the Contractor / Consultant /
Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of
the Contractor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate the Agreement.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X_ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the Contractor/Consultant/ Professional 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
38
b. Employers' Liability (check one)
16811
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
x
--
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_ Applicable _X_ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable _X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance shall be maintained by the
Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
39
maintained for a period of not less than five (5) years following the completion andlc}pt1lice
by the Owner of the work under this Agreement. Limits of Liability shall not be I fli\uohll
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(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."
(3) If the General Liability insurance required herein is issued or renewed on a "claims
made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no
later than the commencement date of the Project and shall provide that in the event of
cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall
be no less than three (3) years.
(4) The Owner shall be named as an Additional Insured and the policy shall be endorsed
that such coverage shall be primary to any similar coverage carried by the Owner.
40
(5) Coverage shall be included for explosion, collapse or underground pro!AJl.ll
claims.
(6) Watercraft Liability coverage shall be carried at the limits shown above if applicable
to the completion of the work under this Agreement.
_ Applicable _X_ Not Applicable
(7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
_ Applicable _X_ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) Property Insurance - Builders Risk coverage shall be carried by the Owner if
applicable.
_ Applicable _X_ Not Applicable
(2) The Owner shall purchase and maintain in a company or companies lawfully
authorized to do business in the State of Florida and in Collier County, property insurance in the
amount of the initial Contract Sum as well as subsequent modifications thereto for the entire
Work at the site on a replacement cost basis without voluntary deductibles. Such property
insurance shall be maintained, unless otherwise provided in the Contract Documents or
otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other than the Owner has an
insurable interest in the property required to be covered, whichever is earlier. This insurance
41
shall include interests of the Owner, the Contractor, Subcontractors, Sub-s4icontractors and
Material Suppliers in the Work. .L 6 B 11
(3) Property insurance shall be on an all-risk policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage including, without duplication
of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary
buildings and debris removal including demolition occasioned by enforcement of any applicable
legal requirements, and, at the Owner's option, shall cover reasonable compensation for
Professional's services and expenses required as a result of such insured loss. At the Owner's
option, flood insurance will also be purchased.
(4) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor
for any deductible associated with the all-risk policy described above shall be limited to a
maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of
the Contract Documents. The responsibility of the Contractor for any deductible associated with
the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum
of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the
Contract Documents.
(5) This property insurance shall cover portions of the Work stored off the site after
written approval of the Owner at the value established in the approval, and also portions of the
Work in transit.
(6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law,
which shall specifically cover such insured objects during installation and until final acceptance
by the Owner. If purchased this insurance shall include interests of the Owner, Contractor,
Subcontractors and Sub-subcontrators in the Work.
42
(7) Waivers of Subrogation. The Owner and Contractor waive all rightTgain~(~ each
other and any of their subcontractors, sub-subcontractors, agents and emPlo.,b,~t1hl>f le
other, and (2) the Professional, Professional's consultants, for damages caused by fire or other
perils to the extent covered by property insurance obtained pursuant to this or other property
insurance applicable to the Work, except such rights as they have to proceeds of such
insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by
endorsement or otherwise.
(8) A loss insured under Owner's property insurance shall be adjusted by the Owner as
fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may
appear.
(9) If Builders Risk coverage is applicable the Contractor shall be responsible for the
following maximum deductibles per occurrence per paragraph (3) above. N/A
_All Risk Policy - $1,000 maximum deductible
_ All Risk Policy - Maximum deductible of $
_ Flood Policy - $1,000 maximum deductible
_ Flood Policy - Maximum deductible of $
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Automobile Liability Insurance shall be maintained by the Contractor I Consultant I
Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle
with limits of not less than:
_X_ Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
43
(2) The Owner shall be named as an Additional Insured under the pO,icyl ~ 8 11
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
Contractor/ConsultanUProfessional and, if so, such policy shall be excess of the Employers'
Liability, Commercial General Liability and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
(3) The General Aggregate limit, if applicable, shall apply separately to this project and
the policy shall be so endorsed.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Professional Liability Insurance shall be maintained by the ConsultanUProfessional to
insure its legal liability for claims arising out of the performance of professional services under
this Agreement. Such insurance shall have limits of not less than:
_ $ 500,000 each claim and in the aggregate
_X_ $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
44
(2) Any deductible applicable to any claim shall be the sole
Consultant/Professional and shall not be greater than $50,000 each claim.
responSi~~f 111 1
(3) The Consultant/Professional 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.
END OF SCHEDULE D.
45
PRODUCER
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN TH P V T
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
5114 -00124-ALL-
TPA
551224
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
CH2M HILL, INC.
4350 WEST CYPRESS STREET, SUITE 600
TAMPA, FL 33607
COMPANY
B
INSURED
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
N01WrTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMfDD/YY) DATE (MM/DDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 5,000,000
A X COMMERCIAL GENERAL LIABILITY GL03784726-00 05/01/04 05/01/05 PRODUCTS - COMP/OP AGG $ 5,000,000
CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 500,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000
FIRE DAMAGE (Anyone fire) $ 500,000
$
A AUTOMOBILE LIABILITY $ 2,000,000
COMBINED SINGLE LIMIT
X ANY AUTO BAP8378516-09 (AOS) 05/01/04 05/01/05
ALL OWNED AUTOS TAP8378560-09 (TX) 05/01/04 05/01/05 BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS L1ABI LITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND X OTH
EMPLOYERS' LIABILITY ER
A WC8378566-10 05/01/04 05/01/05 $ 1,000,000
A THE PROPRIETOR! X INCL WC8378565-09 05/01/04 05/01/05 EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE, EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
RE: VANDERBILT BEACH ROAD EXTENSION CORRIDOR STUDY. PM: BILL GRAMER.
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR AS PER THE BLANKET ENDORSEMENT TO THE
GENERAL LIABILITY POLICY.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
3301 EAST TAMIAMI TRAIL
NAPLES, FL 34112
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -30.. DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER OF THlS CERTIFICATE.
MARSH USA INC.
BY: Dorothy A. Stevens
b.......... aQ-~
MAR
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
CERTIFICATE NUMBER
SEA-000832895-01
HNO~~~D-r~~
L~~[J;V.t.AG~
PRODUCEn
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
COMPANIES AFFORDING COVERAGE
15114 -00005-LG1 M-1 M
TPA
551224
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
CH2M HILL, INC.
4350 WEST CYPRESS STREET, SUITE 600
TAMPA, FL 33607
COMPANY
B
INSURED
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED,
N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YV) DATE (MM/DDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $
CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
$
$
AUTOMOBILE LIABILITY $
COMBINED SINGLE LIMIT
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR! INCL EL DISEASE-POLICY LIMIT
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $
OTHER
A PROFESSIONAL LIABILITY' EOC3829621-02 05/01/04 05/01/05 $1,000,000 EACH CLAIM AND
TOTAL FOR ALL CLAIMS
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
RE: VANDERBILT BEACH ROAD EXTENSION CORRIDOR STUDY. PM: BILL GRAMER.
'FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN
THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ----31l DAYS WRITTEN NOTICE TO THE
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
3301 EASTTAMIAMI TRAIL
NAPLES, FL 34112
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR TI-lE
ISSUER OF THlS CERTlFlCATE.
MARSH USA INC.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
16811
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, CH2MHILL hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the services of the CONSULTANT to be provided under the
Professional Services Agreement, concerning Vanderbilt Beach Road Extension Corridor
Study are accurate, complete and current as of the time of contracting.
CH2MHILL
BY:~~--U V ~
TITLE: 1/;((:: /Jr5,h/J t
DATE:
IP%j
46
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