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#04-3684 (CH2MHill) Contract 04-3684 Vanderbilt Beach Road Extension Corridor Study 16811 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: 1 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16 B11 .<1\ 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, 2 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 3 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, 4 rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 16 B 11 '\ 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: 5 (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. 6 ARTICLE FOUR TIME 16811 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 7 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 8 ARTICLE SEVEN MAINTENANCE OF RECORDS - 16811 .AJ 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. 9 ARTICLE NINE INSURANCE - 16811 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 10 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. '>'l 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. 11 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 12 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. 13 l~Bll 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 l4 - 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. 15 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 __ 16 SCHEDULE A SCOPE OF SERVICES 1~Bl1 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. 17 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. 18 Task B: Public Involvement l~Bll .. 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 ~~ ~~' --j~ ~i em ~~ g " Cl go m ~!I ~' ~i ~I f ~; ~! 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I ~ ~ j;: " f " ..... !l --j ~ 01 I, en ~ ~ 8: ~ " .8 ! I " !r ..2, a ~ en ~ 0 .. 3 ~ ~ '< ]I 0 ~ .'....... ~ ~. ~ ;;: f <>+ . ' · J ~I ~j 0 iii!iiili!i,I:I!1 ~i ~I ~j ~' gll ~I ~I gl g; ~I] gi, ~. 0 0 ~, 0, 01 o. '" ... IS Ie ~I si $1 5 5' ~I ~! ~ ~ ~ ~~ gl g! g: ~! ~;~, ,"'I''''i~1~, ~l ~i ;r: ;rj ;ri ~: ~! ;ri g:i li)' oj 1<1 0' 01 0 ~i Ii! 0' ~I' ~I ~!. ~i.., gi. ~ ~ - ~ " ~, 5:, ~, ~,Ii: ~i~, ~ - ~!! , ~ ~ g Ii' 0 0 ~ 5 " ~ ~ ~ .. g " 0 0 ~ ~: 5 ~i ~ o n :c t\) 3: :c - ... ... n o ... ... - m :a n o c z ... -< I) ~ Z CJ m :a m - ... ... m m :J> n :c :a o :J> c m >< ... m Z fA - o z n o :a :a - CJ o :a fA ... C CJ -< ""0 ~ 000 t;.j(j ~~ ooeI (je ~~ eI(j e t"'l tr1 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 __~^..~.__.~"__._._._~._____,^...~M__""~_'_