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Agenda 05/12/2015 Item #14B1EXECUTIVE SUMMARY Recommendation that the Community Redevelopment Agency (CRA) accept Staff and the MSTU Advisory Board’s response to Mr. Bob Messmer’s public comments at the April 28, 2015 BCC meeting. OBJECTIVE : CRA Operations Manager, Jean Jourdan, Ms. Beth Brainard of the Naples Pathway Coalition, Chris Wright and Keisha Weisbrook, P.E., of RWA and the Bayshore Beautification MSTU Chairman Maurice Gutierriez to respond to Mr. Bob Messmer’s public comments at the April 28, 2015 BCC meeting. CONSIDERATION : In January Mr. Bob Messmer forwarded an e-mail to several Commissioners stating the option selected by the Bayshore Beautification MSTU Advisory Board for the Thomasson Drive Streetscape project was unsafe for bicyclist and was selected merely because it was the lowest cost. On April 10, 2015 Mr. Messmer sent letters to all Commissioners stating the same. CRA staff forwarded the Commissioners a copy of the same information that had been provided to Mr. Messmer stating the option selected was deemed to be the safest option by the professional engineers and the Naples Pathway Coalition. FISCAL IMPACT : None LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issue, and requires majority vote for acceptance of the report. -JAK GROWTH MANAGEMENT : There is no impact on the County’s long-range planning effort. RECOMMENDATION : Recommendation that the Community Redevelopment Agency (CRA) accept Staff and the MSTU Advisory Board’s response to Mr. Bob Messmer’s public comments at the April 28, 2015 BCC. PREPARED BY: Jean Jourdan, CRA Operations Manager Bayshore/Gateway Triangle CRA Packet Page -255- 5/12/2015 14.B.1. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.B.14.B.1. Item Summary: Recommendation that the Community Redevelopment Agency (CRA) accept Staff and the MSTU Advisory Board’s response to Mr. Bob Messmer’s public comments at the April 28, 2015 BCC meeting. Meeting Date: 5/12/2015 Prepared By Name: JourdanJean Title: CRA Operations Manager, County Redevelopment Agency 5/5/2015 12:17:53 PM Submitted by Title: CRA Operations Manager, County Redevelopment Agency Name: JourdanJean 5/5/2015 12:17:54 PM Approved By Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 5/5/2015 12:42:26 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/6/2015 8:12:37 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 5/6/2015 8:36:44 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/6/2015 8:47:20 AM Packet Page -256- 5/12/2015 14.B.1. Name: OchsLeo Title: County Manager, County Managers Office Date: 5/6/2015 3:04:59 PM Packet Page -257- 5/12/2015 14.B.1. Contract# 13-6012 "StreetscapeImprovements Design of Thomasson Driveand HamiltonAvenue" PROFESSIONALSERVICES AGREEMENT THIS AGREEMENT is made and entered into this ' eh day of ,„).c,e— 2014 by and between the Board of County Commissionersfor Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and RWA, Inc., authorized to do business in the State of Florida, whosebusiness address is 6610 Willow Park Drive, Suite 200, Naples, Florida34109, (hereinafter referred to as the CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Design services of the CONSULTANT concerning StreetscapeImprovements Design of Thomasson Drive and Hamilton Avenue (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of thoseservices; and WHEREAS, the CONSULTANT represents that it has expertise in thetype of professional servicesthat will be required for theProject. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, theparties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design services in all phases of the Project to which this Agreement applies. 1 GP Packet Page -258- 5/12/2015 14.B.1. 1.2. The Basic Services tobe performed by CONSULTANT hereunder areset forth in the Scope of Services described in detail in Schedule A. Thetotal compensation to be paid CONSULTANT by the OWNER for all Basic Services is setforth in Article Five and Schedule B, Basis of Compensation", which is attachedhereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required todo business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsiblefor regulating and licensingthe professional services to be provided and performed by the CONSULTANTpursuant to this Agreement. 1.4. The CONSULTANT agreesthat, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other formof legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Christopher O. Wright, P.E., CEO, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the Project Coordinator"). TheProject Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority tobindand obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior writtenapproval, and if so removed must be immediately replaced with a person acceptable to OWNER. Ge. 2 l Packet Page -259- 5/12/2015 14.B.1. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptlyremove and replacethe Project Coordinator, or any otherpersonnel employedor retained by the CONSULTANT, orany subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to therequirementsof this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANTrepresents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to theOWNER'S review and approval and shall be in accordance with the generally accepted standards of professionalpractice in the State of Florida, as well as in accordance with all applicable laws, statutes, includingbut not limited to the Local Government Prompt Payment Act 218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdictionover the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in theserequirements, the CONSULTANT shall notifythe OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of thedesign documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documentsnecessaryforsuccessful construction of the Project. 1.7.1 The Countyreservesthe right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state 3 GP v Packet Page -260- 5/12/2015 14.B.1. and/or federal requirements and/or codes and ordinancesapplicable to Consultant's performanceof the work as related to the project. This list is not deemed to be all-inclusive, and theCounty reserves the right to make sole determination regarding deductions. After notification of deficiency, if theConsultantfails to correctthe deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultantfor services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not theCounty obtainedsubstitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to anythird person, firm or organization, without OWNER'S prior written consent, orunless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in thecourse of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shallrequire all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawingsreferencing a specific geographic area must be submitted in a MicroStation DGN or AutoCAD DWG format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should eitherreference specific established Survey Monumentation, such as Certified Section Corners Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Informationlayers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 4 Packet Page -261- 5/12/2015 14.B.1. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. Theagreed upon scope, compensation and schedule forAdditional Services shall be setforth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will beas established in OWNER'S Purchasing Policy and Administrative Procedures in effect at thetime such services are authorized. Theseservices will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergencyendangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs ofAdditional Services commenced without such express prior written approval. Failure to obtain such priorwritten approvalfor Additional Services will be deemed: (i) a waiver of anyclaim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determinesthat a change in the Agreement is required because of the actiontaken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequencesof the changes or variations, provided thatCONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should haveknown of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise mayhave had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwisespecified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 5 0 Packet Page -262- 5/12/2015 14.B.1. 2.2. Servicesresulting from significant changes in the general scope, extent or character of the Project or its design including, butnot limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or ContractDocumentspreviously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or ordersenacted subsequent to and not reasonably anticipated prior to the preparationof such studies, reports or documents, orare due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providingrenderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processesavailable for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professionalassociates and consultants for other thanthe Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during traveloutside ofCollier andLee Countiesrequired of CONSULTANT and directed by OWNER, other than visits to the Projectsite or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT orwitness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). GP 6 Packet Page -263- 5/12/2015 14.B.1. 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwiseprovided for in this Agreement ornot customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). TheProject Manager shall have authorityto transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbalor written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a) Thescope of services to be provided and performed by theCONSULTANT hereunder; b) Thetimethe CONSULTANT is obligated to commence and complete all such services; or c) Theamount of compensation the OWNER is obligated orcommitted to pay the CONSULTANT. 3.2. The Project Manager shall: a) Review and make appropriate recommendations onall requests submitted by the CONSULTANTfor payment forservices and work provided and performed in accordance withthis Agreement; b) Provide all criteria and informationrequested by CONSULTANT as to OWNER's requirements for the Project, including designobjectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetarylimitations; GP 7 Packet Page -264- 5/12/2015 14.B.1. c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possessionpertinent to the Project, including existingdrawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANTunder this Agreement; and e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services tobe rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructedor delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control ofCONSULTANT, and not due to its own fault or neglect, includingbutnotrestricted to acts of natureor of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writingwithin five (5) working days after commencement ofsuch delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension forthat specificdelay. 8 CP G Packet Page -265- 5/12/2015 14.B.1. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S servicesfrom any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shallrelieve CONSULTANT of its duty to performor give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S soleremedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect ofCONSULTANT, the services tobe provided hereunder havebeen delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incrementalincrease in costs experienced by CONSULTANT, if any, as a result of suchdelays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder ina timely manner, in addition to any other rights or remedies available to the OWNERhereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumesperformance of its obligations hereunder in such a manner so as to reasonablyestablish to the OWNER's satisfactionthat the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shallany approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement orany payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have againstCONSULTANT for delay or any other damageshereunder. 9 0 Packet Page -266- 5/12/2015 14.B.1. ARTICLE FIVE COMPENSATION 5.1. Compensation and themannerofpayment of such compensation by theOWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNERcopies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specifywhether the originalsor copies of suchProject Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. Notwithstanding anything in this Agreement to thecontrary and without requiring OWNER to pay any additional compensation, CONSULTANT herebygrants to OWNER a nonexclusive, irrevocablelicense in all of the Project Documents for OWNER'S useon this Project. CONSULTANT warrants to OWNERthat it hasfull rightand authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the ProjectDocuments to complete the Project following CONSULTANT'S termination for anyreason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNERmay be making Project Documents available for review and information to various thirdparties and herebyconsents to such useby OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern orreflect its services hereunder. Therecords and documentation will be retained by 10 CA L Packet Page -267- 5/12/2015 14.B.1. CONSULTANT for a minimum of five (5) years from (a) thedate of termination of this Agreement or (b) the date the Project is completed, whichever is later, orsuch laterdate as may be required by law. OWNER, or any duly authorized agents or representativesofOWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or suchlaterdate as may be required by law; provided, however, such activity shall be conducted only during normalbusiness hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmlessOWNER, its officers and employees fromany and all liabilities, damages, losses and costs, including, butnotlimited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT oranyoneemployed or utilized by the CONSULTANT in theperformance of this Agreement. This indemnificationobligation shall not be construed to negate, abridgeor reduce any other rights or remedies which otherwise may be available to an indemnified party orperson described in this paragraph. Remainder of page intentionally left blank) 11 cq Packet Page -268- 5/12/2015 14.B.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of thetypes and in theamountssetforth in SCHEDULE D to this Agreement. 9.2 All insurance shall be fromresponsible companies duly authorized to do business in the State of Florida. 9.3 All insurancepoliciesrequired by this Agreement shall includethe followingprovisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liabilitypolicy, and the WorkersCompensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, asan additional insured as to the operationsof CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurancepolicy or policies shall have no recourseagainst OWNER forpayment of premiums or assessmentsfor any deductibles which all are at the sole responsibility andrisk ofCONSULTANT. 9.3.3. All insurance coverage ofCONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, orreference this contractnumber. 9.3.5. All insurancepolicies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extentinsuranceproceeds are paid and received by 12 Packet Page -269- 5/12/2015 14.B.1. OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet thefollowing minimum requirements: 9.5.1 . The insurance company must be duly licensed and authorized by the Department of Insurance of theState of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" orhigher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. Theservices to be performedhereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use ofthe services of any other personorfirm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such partyor any third partyany claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends toutilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. CA 13 Packet Page -270- 5/12/2015 14.B.1. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, tothe extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protectthe rights of the OWNER underthis Agreement with respect to the Services tobe performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof willnot prejudice such rights. Whereappropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similaragreements with its sub-subconsultants orsub-subcontractors. 10.4 CONSULTANTacknowledges and agrees thatOWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractualrelationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptanceof final payment shall constitute a full waiver of any and all claims, exceptfor insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the termsof this Agreement and identified by CONSULTANT as unsettled at thetime of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any ofOWNER'S rights againstCONSULTANT. 14 CA li-,/Packet Page -271- 5/12/2015 14.B.1. ARTICLETWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material defaultof this Agreement and such default will be considered cause for OWNER to terminatethis Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified undertheNotice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timelyperform the services to be provided hereunder or as directed by OWNER, or (c) thebankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditionsof this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason thatCONSULTANT was not in default, or that its default was excusable, or that OWNERotherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall havethe right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the eventof such termination forconvenience, CONSULTANT'S recoveryagainst OWNER shall be limited to that portion of thefee earned throughthe date of termination, together with any retainage withheld and anycosts reasonablyincurred by CONSULTANTthat are directlyattributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against 15 CA V Packet Page -272- 5/12/2015 14.B.1. OWNER, including, but not limitedto, anticipatedfees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including thosedescribed in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shallhavethe power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all oranyportion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be toseek an extension of time to its schedule in accordance withthe procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to makeany undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such othertime as required by Florida's Prompt Payment Act or (ii) OWNERotherwisepersistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days ofreceivingwritten notice of same from CONSULTANT, then CONSULTANT may stop its performanceunder this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stoppedfor a period of onehundred and twenty (120) consecutive days through no actor faultof the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other personsperforming portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER ofCONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after 16 Packet Page -273- 5/12/2015 14.B.1. receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' writtennotice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATIONREPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company orperson, other than a bona fide employee working solely forCONSULTANT, tosolicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resultingfrom the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to executethe requiredTruth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unitcosts supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significantsums by whichtheOWNER determines the Agreement price was increaseddue to inaccurate, incomplete, ornon-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently hasno interest and shall acquire no interest, eitherdirect or indirect, whichwould conflict in any manner with the performance of services 17 Gy Packet Page -274- 5/12/2015 14.B.1. required hereunder. CONSULTANT further representsthat no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by theparty or partiesintended to be bound by it. ARTICLE SIXTEEN NOTICESAND ADDRESS OF RECORD 16.1. All notices required ormade pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States PostalService Department, first class mail service, postage prepaid, addressed to thefollowing OWNER'S address of record: Board of County Commissioners Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 Fax: 239-252-6480 16.2. All notices requiredor madepursuant to this Agreement to begiven by the OWNER to the CONSULTANT shall be made in writing and shall be delivered byhand, by fax or by the United StatesPostalService Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S addressof record: RWA, Inc. 6610 Willow ParkDrive, Suite 200 Naples, FL 34109 Telephone: 239-597-0575 Fax: 239-597-0578 Attn: Christopher O. Wright, PE, CEO Email: cwright(a consult-rwa.com 18 Packet Page -275- 5/12/2015 14.B.1. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote thebest interests ofOWNER and assume towardsOWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed tobe a waiver of any other breach andshall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Partsand Attachments as contained in this Agreement are for thepurpose of convenience only and shall not be deemed to expand, limit or changethe provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referencedSchedules and Attachments hereto, constitutes the entire agreement between the partieshereto and shall supersede, replace and nullify any and all prioragreements or understandings, written or oral, relating to the matter set forth herein, and any such prioragreements orunderstanding shallhave no force or effect whatever on this Agreement. 19 0 G1/ Packet Page -276- 5/12/2015 14.B.1. 17.7 Unless otherwiseexpressly notedherein, all representations and covenants of theparties shall survive theexpiration or terminationof this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute butone and the same instrument. 17.9 Theterms and conditions of the followingSchedulesattached hereto areby this referenceincorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECTMILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 13-6012 "Streetscape Improvements Design ofThomasson Drive and Hamilton Avenue", Terms and Conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in CollierCounty, Florida, which courts have sole and exclusive jurisdiction on all such matters. 20 Packet Page -277- 5/12/2015 14.B.1. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrantsthat CONSULTANT has not employed or retained any company or person, other than a bona fide employee workingsolely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT hasnot paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee workingsolely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At thetime this Agreement is executed, CONSULTANT shall signand deliver to OWNER theTruth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it hasbeen informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statuteswhich read as follows: A person oraffiliate who has been placed on the convicted vendor list following a conviction for a publicentity crime may not submit a bid, proposal, orreply on a contract to provide any goodsorservices to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction orrepair of a publicbuilding or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded orperform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and maynot transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORYTWO for a period of 36 months following the date of being placed on the convicted vendor list." 21 4P Gti- Packet Page -278- 5/12/2015 14.B.1. ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to theinitiation of anyaction or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolveany such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencementof depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute throughMediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representativesofCONSULTANT with full decision-making authority and by OWNER'S staff personwho would make the presentation of anysettlement reached at mediation to OWNER'S board for approval. Should eitherparty fail to submit to mediation as required hereunder, the other party mayobtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledgingwithout exception or stipulationthat it is fully responsible for complying with the provisions of theImmigration Reformand Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply withthe laws referencedherein shall constitute a breach of this agreement and the County shall have the discretion to unilaterallyterminate this agreement immediately. 22 cq 0 G Packet Page -279- 5/12/2015 14.B.1. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue the day and year first writtenabove. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIERCOUNTY, FLORIDA, Dwig E `Brock;' Datef> By: Attest as,to Chairman s om Henning, Chairm signatureonly. Approved asto Form and Legality: 0400;144Agette Assistant County Attorney CoIIP n M.Greene Name RWA, Inc. 1 1 , A, By 4 U. 1 a ti z i s 71)Pr-r,rt_ o. wiz(4,14 L c o Na e an Title fiss,51„,i Name and Title U Y L 0\(!kk V Pte' Name and Title Q 1\% bQ C a .c 23 79)Packet Page -280- 5/12/2015 14.B.1. SCHEDULE A SCOPE OF SERVICES Contract# 13-6012 "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue" The MSTU conducted a master planning process which identified the improvements for Thomasson Drive and Hamilton Avenue as a priority project. In October 2011 the MSTU commenced the conceptual design for the project with an engineering firm. This exercise producedalternative designs for the public to review. The MSTU plans to construct the improvements in 2014. SCOPE OF WORK: Thepurpose of this project is to improve a section of Thomasson Drive from Orchard Lane heading west. Improvementscontinue as the road turns into Hamilton Avenue going south. The scope of these services is to includethose required for the proper administrationof all phases of the design as well as post design services. PHASE I — DATA COLLECTION: The CONSULTANT shall furnish two (2) copies ofthe plans and supporting documents to the COUNTY for the purpose of review and approval of each project phase noted below unless stated otherwise. Control and Topographic Survey, Environmental Assessment, Geotechnical Reports Task 1 — Project Management CONSULTANT shall provide the following services: a. Prepare for, attend and follow-up up to six (6) projectmeetings with the COUNTY. b. Issue the COUNTY communications and monthly progressreports. c. Prepare for, attend and follow-up up to two (2) MSTU Board Meetings. d. Prepare for, attend and follow-up up to two (2) stakeholder, agency and/or adjacent property owner meetings. e. Coordination and oversight project sub-CONSULTANTs. f. Overall Quality Assurance / Quality Control all project submittals. Task 2 — Survey The CONSULTANT shallprovide a detailed topographic and control surveyof theexisting conditions within theright-of-way limits. Allwork shall be certified by a professionally registered surveyor in the State of Florida. 2.1 Control Survey. a. Reproduce all recorded right-of-way and baseline information. Right-of-way it A-1 Packet Page -281- 5/12/2015 14.B.1. shall include all intersecting roads within the project limits. All right-of-way information shall be labeled, including, date, bearings and distances. In addition the following information shall be noted: i. Horizontal datum — tied into the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. RWA will provide project control network sheets for thesurveybaseline control pointsinstead of setting reference points. ii. Physical ties to each benchmark—permanent benchmarks shall be established at 500-footintervals along the roadway. iii. Vertical datum (benchmarks) — NAVD1988. iv. Locate visible boundary monuments. v. Existing layout shall be tied to the existing right-of-way. vi. Locate existing visible property markers (e.g. — iron pipe, concrete monuments, etc.). vii. Tie buildings located within the proposed limits of the project to the existing right-of-way. viii. Property ownershipshall be determined from CollierCounty records, title reports, andoth er appropriate sources and incorporated into the plan drawings and files. Property lines do not need to be surveyed, but shall be verified utilizing any visible propert y markers , whereve r possible. 2.2 Topographic Survey. a. Detail info rmation - Survey shall include all physical features which accurately depict the existing condition of the project area. Theinformation shall include, but is not limited to, the following: i. RoadwayPavement. ii. Driveways, and Parking Areas — note the limits within survey coverage and type of pavement or surface. iii. Curbing, edging, medians, and barriers — note limits and type. iv. Sidewalks, walkways, and handicap ramps — note limits and type. v. Wall information (type, height and thickness), step/stair information type, top stepelevation, bottom elevation and number of rises). vi. Top of slope and toe of slope of the existingswales/ditches. vii. Guard rail — note limits and type. viii. The surveyor will show all above-ground utility structures and will coordinate with Sunshine One Call and localutility providers to flag the existingunderground utilities locatedwithin the limits of the project. Note that the utility providers arenot obligated to flag their existingfacilities for design purposes. The surveyor or project engineer can request a design locate for theproject area. The utility providers have thirty days to respond to this request. They can either agree to locate the facilities for free, charge a fee for their services or notlocate at all. Any fees related to the flagging of theexisting undergroundutilities are the responsibility of the COUNTY. b. Utilities i. Manholes - rims, inverts, and condition (collapsed, plugged, etc.). ii. Pipes - size, type, and directionof flow. iii. Force mains and pump stations. iv. Utility lines — size, type, for water, reclaimed water, gas, telephone, sewer, electric and CAN. v. Hydrants and water valves. A-2 Packet Page -282- 5/12/2015 14.B.1. vi. Hand holes andpull boxes. vii. Gas Valves. viii. Telephone and electric manholes. ix. Utility and lightpoles and guy wires, including overheadwires. x. Any other public or private utility structure or casting located within the defined limits. c. Stormwater System i. Catch Basins - grate elevation, inverts and condition (collapsed, plugged, etc.). ii. Manholes - rims, inverts and condition (collapsed, plugged, etc.). iii. Pipes - size, type and direction offlow. iv. Existing drainage outfalls withinthe project area. This shall include cross sections and pertinent locations of anyproposedoutfall ditchesor structures. d. Collect spot elevations at 100' intervals consistent with the baseline stations and at other critical locations including top and bottom of curb, centerline grades, back of sidewalks and at changes in slope. Elevations to be given up the center of the existing driveways. e. Existing contours will be shown as at one-foot intervals. f. Pavement markings, including lane use and shoulder width, crosswalks and stop bars. g. Traffic/road signs — note direction in which sign face, material type (wood or aluminum) legend and wording, including those mounted on utility poles, signal posts, and bridges. h. Collect the finish floor elevations and garageopeningsfor the existing buildings and structures locatedwithin twenty-five (25) feet of the proposed right-of-way lines. i. Field locate hydrologicalseasonal water indicators within the projectlimits as established by the environmental consultant. 2.3 GeotechnicalBorings. a. The CONSULTANT shallstakethe locations for the Standard Penetration Test borings (20), with elevation, as needed for the geotechnical sub-consultant with in the project limits. 2.4 Sketch and Descriptions. a. Prepare a sketch and legal description for the real property (acquisition), permanent and temporary easements. The CONSULTANT willassume up to fifteen (15) legal descriptions adjacent to or perpendicular to the existing ROW for purposes of quantifying the costof this service. Additional legal sketchand descriptions will be addressed on a time and material basis. 2.5 Rightof Way Map. a. Prepare right-of-way mapsinclusive of the existing documented ROWlimits and of any real property rights that may need to be acquired for the corridor improvements. b. The finalcontrol survey shall include a detailed and accurate compilation of control points established by a closed traverse loop through the primary control points orwith a Global PositioningSystem-based network, to assure an error-free or closed control network. Relative erroror loop closure will conform to requirements of subsection 5J - 17 FAC. All control pointswill be referenced to the Florida State Plane Coordinate System, NAD 1983/1999 A_3 K Packet Page -283- 5/12/2015 14.B.1. Adjustment. Task 3 — Environmental Assessment The CONSULTANT shall provide a Threatened & Endangered Species assessment, preliminary jurisdictional determination, and vegetative (FLUCFCS) mapping to identify potential environmental issues associated with the project. After this preliminary field work is complete additional services may be necessary depending on findings and the actual location and impact footprint(s) for the proposed improvements. Preliminary environmentalservices will includethe following: 3.1 Conduct site visit(s)to the property for vegetation mapping (FLUCCS), preliminary wetland jurisdictional inspection, Florida Master Site File request, and associated environmental mapping. 3.2 Prepare a threatened and endangeredspecies assessment and provide related supporting documentation. Task 4 — Geotechnical Services The CONSULTANT will conduct soil tests and furnishgeotechnical data for the proposed project improvements. Soil borings, samples, and tests will be conducted based on procedures outlined in the Florida Department of Transportation Soils and Foundations Manual. The resultant data and a listing of the classification for thevarious strataobtained, as partof the soil borings and testing will be tabulated. A soil survey sheet, showing the tableof classification for the various strata and recommendations for site soil preparation shall be included. If muck is encountered, a recommendation and plan for de-mucking shall be prepared. The results of field samples and testing, and the recommendationsfor roadway construction shall be included in a geotechnical report. Testing tobe provided includes the following program: 4.1 Hand auger borings will be performed generally at 300-foot intervals (about 35 borings are estimated) along theproposed roadway improvements for evaluating shallow soil characteristics, unsuitable materials, and ground water levels for both roadway and drainage design applications. The depth of borings shall be a maximum of five (5) feet below existing grade. 4.2 Standard Penetration Test (SPT) boringsshall be performed at 600-foot intervals about 16 borings are estimated) along the proposed roadway for purpose of evaluating soil characteristics, rock depth, and ground water levels for both roadway and drainage design applications, and lighting poles. The depth of theSPT borings shall be a maximum of ten (10) feet below the ground surface. 4.3 Roadway cores will be completed at eight (8) locations along the existing roadway. The cores will extend through the existing asphaltic concrete and limerock base. Hand auger boringswill be made in the core holes to a maximum depth of threefeet to define sub-base constituents. 4.4 Prepare and submit four (4) signed and sealed copies of ourgeotechnical report upon A-4 ID Gti Packet Page -284- 5/12/2015 14.B.1. completion of the subsurface investigation and analysis, providing recommendations for roadway preparation. This report shall include pertinent fieldsite data including boring logs, site sketches, and other information in generalaccordance with the Florida Department of Transportation Soils and Foundations Manual. The CONSULTANT'S evaluation will include specific discussions regarding undercutting of deleterious material, identification of materialsencountered, and use of each stratum as related to the proposed construction. PHASE II — PROJECT DESIGN: The services listed in Task 1 — Project Management and Task 2 — Survey will also be utilized in this Phase. Task 5 — Design Criteria Report This task includes reviewing, verifying, and compiling relevant data from all previous studies and public workshops and regulatoryagencies to create a singleunified document to guide the design of the corridor improvements. This Design Criteria Report ("DCR") willbuild on previous documents and also incorporate the changesproposed as a result of the currentSFWMD criteria for this project and the limitations of the constructionbudget. Certain improvements may be accounted for, but designed to be constructed in phases if necessary. As part of thistask, the CONSULTANT willincorporate existing material when appropriate and revise where appropriate to address the following issues: 5.1 CONSULTANT shallreview, verify, and modify as needed thefollowing design criteria: a. Planning/Land Development (AccessManagement) b. Geometric Design i. Design Speed ii. Design Vehicles iii. Sight Distance iv. Horizontal Alignment 1. General Criteria 2. Superelevation 3. Curvature 4. Superelevation Transition (superelevation runoffsplus tangent runoff) v. Alignment Coordination vi. Cross SectionElements (Number of Lanes, Pavement, Pavement Width, Pavement Cross Slope, Shoulder Width, Shoulder Cross Slope, Sidewalks, Type of Median, Median Width, Median Slopes, MedianBarriers) vii. RoadsideClear Zone (Width, Roadside Slopes, Criteria for Guardrail) viii. Curbs ix. Right of Way x. Changes in Typical Section (Lane Deletions and Additions; Special Use Lanes; Structures, Horizontal Clearance, Vertical Clearance, End Treatment and U-Turns) xi. Access Management xii. Turn Lanes xiii. Intersection Design (radii; channelization) cAo A-5 Packet Page -285- 5/12/2015 14.B.1. c. Roadside Design d. Pavement Design e. Roadway Lighting f. Pedestrian Facilities g. BicycleFacilities h. Public Transit i. Design Exceptions j. Signing and Marking k. Landscape and Landscape Elements I. Tables/Appendices: i. Typical Sections ii. Stormwater Management Concept 5.2 CONSULTANT willreview and amend the DCR based on staff input. 5.3 CONSULTANT will provide an Opinion of Probable Cost (OPC). The OPCwill be developed based on the DCR and presented to stafffor review along with design and/or phasing alternatives to minimizecostsif the OPC is in excess of the projected budgetary constraints for the project. Task 6 — Construction Plans As part ofthis task, the CONSULTANT will prepare plans and component plans as identified below and conduct a QA/QC of the roadway plans. Roadway Plans (Item 6.1) and Opinion of ProbableCost (Item 6.10) will require three (3) submittals and component plans (Item 6.2 through 6.8) will require two (2) submittals. This task assumes that one (1) meeting with the COUNTY and related follow-up will be required after eachsubmittal. The CONSULTANT shall furnishtwo (2) copies of the plans and supporting documentsto the COUNTY for thepurpose of review and approval of each project phase noted below unless stated otherwise. Phase IIB - 30% Plans, OPC, Draft ROW Maps Phase IIC - 60% plans, OPC, Final ROW Maps, Legal Descriptions and Sketches Phase IID - 100% plans and OPC 6.1 Roadway Plans The CONSULTANT shall prepare the roadway plans for the proposedimprovements along the 8,700 liner foot roadway corridor. It is anticipated that the roadway set will consist of the following: Key Sheet, Summary of Pay Items, Drainage Map, Existing Conditions, Demo Plans, Summary of Existing Structures, Typical Sections, Summary of Drainage Structures, Project Layout, General Notes, Roadway Plan- Profile, Intersection Plans, Drainage Details, Sidewalk and Ditch Profiles, Summary of Quantities, Roadway Soil Survey, Cross Sections, SWPPP, ErosionControl Plans, Utility Adjustments, and Conduit Plan. 6.2 Utility Adjustment Plans a. CONSULTANT shall identify all public and privateutilities with facilities located within the construction corridor. b. CONSULTANT shall Schedule and host a utilitymeeting with all interested parties. A-6 Packet Page -286- 5/12/2015 14.B.1. c. CONSULTANT shall Collect and compile all known utility locations. d. CONSULTANT shall prepare utility relocation sheets documenting what facilities will stay, what facilities will be removed, and what facilitieswill be new orrelocated. e. CONSULTANT shall work with utilities to resolve conflictsof facilitieswithin the ROW. 6.3 Traffic Control Plans (TCP). a. Prepare a Traffic Control Plan for the proposedproject improvements that demonstrate how access will be maintained throughout the project. This will be accomplished through a phasing planwith applicable sections, notes and reference to appropriate details. b. The planwill be proposed as a construction sequencing plan andwillhave multiple phases to address the constructability of the project. The final Maintenance of Traffic (MOT) plan will be completed by the contractor in compliance with the TCP and the appropriateFDOT indexes. 6.4 Signing and Marking Plans. a. PrepareSigning and Marking Plans for theproposed roadway improvements in accordance with Florida Department of Transportation (FDOT) criteria. b. The planwill be a component set of contract plans. We will reference FDOT Standard Indexes, as applicable. 6.5 Street Lighting Plans. a. Prepare StreetPlans for theproposed roadwayimprovements in accordance with FDOT Manual of Uniform Minimum Standards (MUMS) criteria. The system will be designed to a collector street standard and havean energy efficient system (i.e. LED). b. The plan will be a component set of contract plans. We will reference FDOT Standard Indexes, and CollierCounty Lighting Specifications, as applicable. 6.6 Conduit Crossing Plans. a. CONSULTANT shall identify all required road crossings for electric, phone, cable, telephone, irrigation, and street lighting. b. CONSULTANT shall prepare plan sheets depicting all required conduit crossings with the size and number of conduits dedicated to each entity. c. CONSULTANT shall prepare conflicttypical sections for crossings between major conduit banks and water/sewer/drainage. 6.7 Landscape Plans Prepare landscapeplanting design to minimally include items as follows: a.Plantingdesign and labeling of all plant materials. b.Plantmaterial schedule containing, plant quantities, plant specifications and installation sizes. c.Provide planting soil recommendations and/or specifications. d. To include Landscape notes and sight line limits & clear zonedistances. Prepared to FDOT "Design Standards" Indices and generally per the FDOT "Plans Preparation Manual"Volume I & II criteria and processes and in general compliance to the Collier County Right- of-Way Ordinance 93-64 current editions. Prepare landscapeplanting details and notes to minimally include items as follows: a.Planting details: To be per FDOT design indexes A-7 CAC) Packet Page -287- 5/12/2015 14.B.1. b.Planting specifications: To be FDOT specifications Finalize written and/or graphictechnical maintenance specifications and schedules. 6.8 Irrigation Plans Prepare landscape irrigationdesign to minimallyinclude items as follows: a. Location and size of irrigation water source, mainline locations and size, controller locations and types, and electrical power connections locations and requirements. b. Provide system layout, schedules and/or notes to identify types, placement and quantitiesof irrigation components such as sprinklers, valves, piping, sleeving and valvewiring. Prepared to FDOT "Design Standards" Indices and generally per the FDOT "Plans Preparation Manual"Volume I & II criteria and processes and in general compliance to the Collier CountyRight-of-Way Ordinance 93-64 currenteditions. Finalize irrigation details, notes and schedules basedupon final irrigation plans. This will minimally include items as follows: a.Irrigation installation details. b.Irrigation product data and installation specifications. 6.9 Hardscape Plans Prepare hardscape design to minimally include itemsas follows: Based upon the Design Criteria Report the Public Art site locations will be developed to a stage determining required areas for design elements, so that base elements of the proposed sites can be included in the roadway design plans for future development. The public art sites that havebeen identified within the corridor are not included as part of thisproject for final design. Prepare median and roadwayrelatedhardscape design for decorative paving, potential hardscape features, site furnishing, potential accent lighting locations, and retaining walls if required base upon roadway design plans. Hardscape design elements to adhere to County, State and ADA regulations and guidelines relatedto hardscape elements and to facility user safety. Preparehardcapedetails, notesand schedules to minimally include items as follows: a.Median and roadwayhardscape installation details. b.Provide product data/cut sheets and installation details and specifications. 6.10 QA/QC Roadway Plans. a. CONSULTANT shall prepare and circulate all roadway plan submittals for review by independent in- office professionals prior to eachsubmittal. b. CONSULTANT shall review all comments and incorporate revisions where applicable. c. CONSULTANT shall circulate the revised plan sets for approval by independent reviewing professional. d. CONSULTANT shall review all sub-consultantsubmittals to insure A-8 Packet Page -288- 5/12/2015 14.B.1. consistency with the current roadway plans andto resolveconflicts when they arise. 6.11 Opinion of Probable Cost. a. CONSULTANT shall prepare an Opinion of Probable Costs for all proposed improvements withinthe corridor. b. CONSULTANT shall updatethe OPCwith each submittal to reflectthe additional level of detail in the design as the project progresses. c. CONSULTANT shall advise the COUNTY if design revisions are creating budgetary increases and providealternates for savingsoffsets if required. Task 7 — Drainage Design The CONSULTANT will analyze the existing storm water drainage system and identify potential existingdrainage issuesofconcern, existing flow patterns and research existing applicable SFMWD permits on adjacent properties. As part of this task, the CONSULTANT will complete thefollowing: 7.1 Inspect existing structures within the project boundaries to determine if they are suitable for rehabilitation or incorporation into the final drainage design. 7.2 Once the new roadway geometry and sidewalk footprint is established, the CONSULTANT will schedule and attend a meeting with the SFWMD to determine if the proposed modificationsrequire an ERP submittal. As currently planned, the proposed improvements do not add any capacity to the existing roadway network and minimal environmental impacts are expected. 7.3 The CONSULTANT will work towards an exemption to ERP permittingunder FAC 62- 330.051. If an exemption can be secured and the drainage outfall capacity increased it should alleviate most of thecommunity concerns relative to standing water and allow for a lower profile grade line that wouldkeep theroadwayelevations consistent with the surrounding topography and development. If an exemption is not possible, the CONSULTANT will workclosely with the SFWMD and the surroundingpublicly managedstorm water systems to develop the most cost effective solution to satisfying the design criteriatheSFWMD may impose on the project as provided for withinthe OptionalServices proposal. 7.4 The storm water system design will consider best management practices, open system, closedsystem, lateral ditches, exfiltration, etc., or a combination thereof withinthe existing right-of-way and dedicated drainage easements as applicable. Any existing and proposed culverts within the project limits will be modeled to insure adequatecapacity for a 10 year, 1 hour designstorm event. 7.5 The CONSULTANT shall prepare a MasterDrainage Plan as well as detailed construction level plans for the drainage system as part of the roadway plan set. The permitdesign criteria and the Master Drainage Plan will be submitted with thePhase II submittal and thefinal construction level drainage plans will be completed with the Phase III submittal. A-9 C `) Packet Page -289- 5/12/2015 14.B.1. Task 8 — Utility Coordination During this phase of the project, the CONSULTANT will be in regular contact with utility providers to provide guidance and coordinate utilityrelocation plans amongst the various stakeholders. It is anticipated that each utility will provide RBG's (red, blue, greens) after the 30% plans are completed and a compiled utilityplan will be produced thatdocumentswhat is to remain, what is to be abandoned, and what is to be relocated and where to, within the project limits. It will be the responsibility of each utility company to prepare their own individual construction level documents and secure the necessary permits to perform their relocations. PHASE III - PERMITTING: Task 9 — Permit Applications As part of this task, the CONSULTANT will prepare theplans, applications, and supporting documentation required to secure the permits required to allow for the construction of the proposed improvements. It is anticipated that eachpermit will require aninitial application and up to two (2) additionalsubmittals. 9.2 Prepare and support one (1) exemptionrequest to the SFWMD. 9.3 Prepare and support one (1) Minor General Water Use Permit Application to the SFWMD. a. The project is anticipated to require waterallocations for the irrigation of about 4 acres of turf grass and landscaping. Theproject is in a challenging area for fresh water resources. Groundwater in the vicinity of theproject site is likely brackish with theexception of likely freshwater lenses in some upland areas located further from tidal waters (ie, at Naples Botanical Gardens and Windstar at Naples Bay). The likely sourceofgroundwater for irrigation will be the water-table aquifer. The water-table aquifer, where fresh, typically exhibits elevated concentrations of dissolved iron, which can cause brown stains on concrete and structures if used directly from a well. However, the dissolved iron typically oxidizes when well water is stored in a lake, reducing or eliminating the potential for staining. It would be desirable to identify a county-owned lake to obtain irrigation water for the project. Groundwater from the water-table aquifer could be used as irrigation replacement waterfor water pumped from the lake for irrigation. Work elements will include: i. Determine the irrigation requirements for theproject site based on irrigated acreage data from the design engineer. ii. Perform a limited survey of permitted water users and private water users using public records) to aid in identifying potential users of surface and shallow groundwater in theimmediatearea of the project site and to determine existing legal users. iii. Reviewlithologic logs and dissolved chloride data of wells installed in the area (from public records or in-house data) to estimate site lithology, groundwater salinity, and aquifer hydraulic characteristics. iv. Evaluate salinewater blending using a mass balanceapproach, if necessary. A-10 i Packet Page -290- 5/12/2015 14.B.1. v. Assist the design engineer and the COUNTY in water demand needs for their negotiations on the use of offsite lake access, if needed. vi. Prepare an application for a water use permit for irrigation. PHASE IV— BID PHASESUPPORT: Task 10 — Bid Phase Support Under this task, the CONSULTANT will assist the COUNTY and the County Purchasing Department with the preparation of all project related bid documents. The scope of work will includethefollowing elements: 10.1 Attend one (1) pre-bid meeting. 10.2 Answer contractor RFI's. 10.3 Issue bid addendum supplements. 10.4 Review all qualified bids and issue a final bid recommendation. PHASE V— POST DESIGNSERVICES: Task 11 — Post Design Services 11.1 Attend one (1) pre-construction meeting. 11.2 Answer contractor RFI's during construction. A-11 C_O? Packet Page -291- 5/12/2015 14.B.1. SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL AND LUMP SUM 1. MONTHLYSTATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progressreportreflecting the Projectdesign and constructionstatus, in terms ofthetotal work effort estimated to be required for the completionof the Basic Services and anythen-authorizedAdditionalServices, as of the last day of the subjectmonthly billing cycle. Amongother things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoicesshall be mailed to theattention of Ashley Caserta, Senior Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency, 3570Bayshore Drive, Unit 102, Naples, Florida 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Servicesprovided for in this Agreement, OWNERagrees to make monthly payments and time and material payments to CONSULTANT based upon CONSULTANT'S DirectLabor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shallsuch compensation exceed theamounts set forth in the table below. PHASE DESCRIPTION FEE: PAYMENT SCHEDULE Items 1 — 3 Lump Sum Lump Sum Monthly Upon 1 Phase I - Data Collection 57,726.00 Percent Complete of Task Monthly Upon 2 Phase II - Project Design 312,574.00 Percent Complete of Task Monthly Upon 3 Phase III - Permitting 8,448.00 Percent Complete of Task Items 4 & 5 Time and Material Not to Exceed 4 Phase IV- Bid Phase Support $3,895.00 Time and Material — Notto Exceed 5 Phase V - Post Design Services $7,505.00 Time and Material - Not to Exceed TOTAL FEE (Phases 1 - 5) 390,148.00 B.2.2. Direct LaborCosts mean the actualsalaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B-1 G-Packet Page -292- 5/12/2015 14.B.1. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costsincurred atthe time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated totalfee and Reimbursable Expenses based on the services to be provided. Thenegotiated feeshall be based upon the rates specified in Attachment 1 to thisSchedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S priorwrittenapproval. B.2.5. The compensation provided for underSections 2.1 ofthisSchedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amountsthat OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSULTANT shall submit, with each of the monthly status reportsprovided forunder Section 1.1 of this Schedule B, an invoice for fees earned in the performanceof Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice permonth for all fees and Reimbursable Expenses earned that month for bothBasic Services and Additional Services. Invoices shall be reasonablysubstantiated, identifythe services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of thepurchase order granting approvalfor such services shall appear onall invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months aftercompletion of contract. Any untimely submission of invoices beyondthe specified deadline period is subject to non-payment under thelegal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoicesunder this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actualwork done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must includethePurchase Order Number and the Projectname and shall not be submittedmore thanone timemonthly. B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the B-2 Packet Page -293- 5/12/2015 14.B.1. applicable notto exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determinedCONSULTANT has completed such task as of that particular monthly billing. B.3.4. Payments forAdditional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANTagrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANTforAdditional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expensesassociated with such subconsultants and subcontractors. B.3.5.1. Reimbursable Expensesassociated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of thefollowing items: B.3.5.1.1. Cost for reproducing documentsthat exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expensesreasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, mayinclude mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such tripswithin Collier andLee Counties are expresslyexcluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by theOWNER. B-3 Packet Page -294- 5/12/2015 14.B.1. SCHEDULE B — Attachment 1 CONSULTANT'S AND SUB-CONSULTANT'S HOURLYRATE SCHEDULE Title Hourly Rate Staff Engineer/Staff Planner/Staff Surveyor 90.00 105.00 SeniorStaffEngineer/SeniorStaff Planner SeniorStaff Surveyor 120.00 Professional Engineer/Project Planner/Project Surveyor 140.00 Senior ProfessionalEngineer/Senior Project Planner 155.00 Project Manager/ProjectManager 170.00 Senior Project Manager/Senior Project Manager 205.00 Principal 65.00 Junior CAD Technician CAD Technician 75.00 85.00 Senior CAD Technician 75.00 ConstructionObservation 85.00 Senior ConstructionObservation Party Chief 100.00 Senior Party Chief 110.00 Field Crew GPS 125.00 125.00 Field Crew Robot 60.00 ProjectCoordinator 70.00 Senior Project Coordinator Clerical 50.00 B-4 1 Packet Page -295- 5/12/2015 14.B.1. SUBCONSULTANTS: Note: Subconsultant fees are included in the Schedule B, Section B.2.1 amounts for each phase of the Project. *Invoices forsubconsultant services tobe provided on a Time and Materials basis shall include a reference to the appropriate phase at the time the invoice is submitted, along withthe appropriateassociated hourly rate. TURRELL & ASSOCIATES- LUMP SUM SERVICE Ecology WATER SCIENCE ASSOCIATES, INC.- LUMP SUM SERVICE Permitting FORGE ENGINEERING, INC.-LUMP SUM SERVICE Geotechnical TREBILCOCK CONSULTINGSOLUTIONS- LUMP SUM SERVICE Transportation Engineering MCGEE & ASSOCIATES-TIME & MATERIAL AND LUMP SUM SERVICE- Landscape Architect Phase II —Lump Sum Phase IV—TIMEAND MATERIAL* Title Hourly Rate Senior Landscape Architect 135.00 Landscape Architect 125.00 AutoCAD Technician 65.00 Administrative Assistant 55.00 End of Schedule B B-5 DO Packet Page -296- 5/12/2015 14.B.1. SCHEDULE C PROJECTMILESTONE SCHEDULE CumulativeNumber of Calendar Days Phase Phase Name/Title For Completion from Date of Notice toProceed 1 Phase I — Data Collection 60 Phase II — ProjectDesign: 98 2 Phase IIA-DCR 161 Phase IIB — 30% Submittal 259 Phase IIC — 60% Submittal 329 Phase IID — 100% Submittal 3 Phase III — Permitting 380 4 Phase IV— Bid Phase Support 454 5 Phase V— Post Design Services 720 Packet Page -297- 5/12/2015 14.B.1. SCHEDULE D INSURANCE COVERAGE 1) Theamounts and types of insurance coverage shall conform to thefollowing minimumrequirements with the use of InsuranceServices Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles andprovide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S soleresponsibility. 2) The insurancerequired by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3) Coverages shall be maintained without interruptionfrom the date ofcommencement of the services until the date of completion and acceptance of theProject by the OWNER or as specified in this Agreement, whichever is longer. 4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed withthe OWNER within ten (10) calendar days afterNotice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place theinsurancecoverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceledor allowed to expire untilat leastthirty (30) days prior written notice has been given to the OWNER. CONSULTANT shallalsonotify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D-1 Packet Page -298- 5/12/2015 14.B.1. the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have theaggregate limit reinstated to the full extent permitted under such policy. 5) Allinsurance coverages oftheCONSULTANT shall be primary to any insurance or self insurance programcarried by the OWNERapplicable to this Project. 6) Theacceptance by OWNERof any Certificate of Insurance doesnot constitute approval or agreement by the OWNERthat the insurance requirements have been satisfied or that theinsurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limitsspecified in this Section except to the extent such insurance requirements for the subconsultant are expresslywaived in writing by the OWNER. 8) Should at any timethe CONSULTANT not maintaintheinsurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costsfromany amount due CONSULTANT under this Agreement or anyother agreement between OWNER and CONSULTANT. TheOWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for thecoverages purchased or the insurance company or companies used. The decision of the OWNER to purchase suchinsurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9) If the initial, or any subsequently issued Certificate of Insurance expiresprior to the completion of the services required hereunder or termination of the Agreement, the D-2 Packet Page -299- 5/12/2015 14.B.1. CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION ANDEMPLOYERS' LIABILITY Required by this Agreement? X Yes No 1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during theterm of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - FloridaStatutory Requirements b. Employers' Liability (check one, if applicable) 100,000 Each Accident 500,000 Disease Aggregate 100,000 Disease Each Employee X_ 1,000,000Each Accident 1,000,000 Disease Aggregate 1,000,000 Disease Each Employee 2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. 3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable _X Not Applicable D-3 Packet Page -300- 5/12/2015 14.B.1. 4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIALGENERAL LIABILITY Required by this Agreement? _X Yes No 1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form PropertyDamage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following thecompletion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate 300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury 300,000 Each Occurrence 300,000 Fire Damage 50,000 General Aggregate 500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury 500,000 Each Occurrence 500,000 Fire Damage 50,000 X General Aggregate 2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury 2,000,000 Each Occurrence 1,000,000 Fire Damage 50,000 D4 Packet Page -301- 5/12/2015 14.B.1. 2) TheGeneral Aggregate Limit shall applyseparatelyto thisProject and thepolicy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limitunder LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentionscarried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 3) TheOWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. 4) Coverage shall be included for explosion, collapse or underground propertydamage claims. 5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to thecompletion of the Services under this Agreement. Applicable X Not Applicable 7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of theServicesunder this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X_Yes No D-5 l Packet Page -302- 5/12/2015 14.B.1. 1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance oruse of anyowned, non-owned or hired vehicle withlimits of not less than: X_ Bodily Injury & Property Damage - $ 500,000 BodilyInjury & Property Damage - $1,000,000 UMBRELLALIABILITY 1) Umbrella Liabilitymay be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of theEmployers' Liability, Commercial General Liability, and Automobile Liability coveragesrequired herein and shall include all coverages on a "following form" basis. 2) Thepolicy shall contain wording to the effect that, in the eventofthe exhaustionof anyunderlyinglimit due to the payment of claims, theUmbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No 1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising outofthe performance of professional servicesunder this Agreement. CONSULTANT waives its right of recover against OWNER asto any claimsunder this insurance. Such insurance shallhave limitsof not less than: 500,000 eachclaim and in the aggregate D-6 Packet Page -303- 5/12/2015 14.B.1. X_ $1,000,000 each claim and in the aggregate 2,000,000each claim and in the aggregate 2) Any deductible applicable to any claimshall be thesole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. 3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) yearsfollowing completion and acceptance of the Project by the OWNER. 4) Thepolicy retroactive date will always be prior to the dateservices werefirst performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptlysubmit Certificates of Insurance providing for an unqualified written notice to OWNERof any cancellationofcoverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shallalso notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have theaggregatelimit reinstated to the full extentpermitted under such policy. CONSULTANT shall promptlysubmit a certified, true copyof the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE 1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coveragefor plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructingvaluable papers or records utilized duringthe term of this Agreement. D7 1,2) Packet Page -304- 5/12/2015 14.B.1. PROJECTPROFESSIONAL LIABILITY 1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNERand OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in thepremiumof CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewaloccurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for theprovision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. 2) CONSULTANT agrees to provide the following information whenrequested by OWNER or OWNER'S Project Manager: a. The date the professionalliability insurance renews. b. Currentpolicy limits. c.Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individualproject policy. f.Cost of professional insurance as a percent of revenue. g. Affirmation that thedesign firm will complete a timely project errors and omissions application. 3) If OWNER elects to purchase a project professionalliability policy, CONSULTANT tobe insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 Packet Page -305- 5/12/2015 14.B.1. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, RWA, Inc. hereby certifiesthatwages, rates and otherfactual unitcosts supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Streetscape Improvements Design of Thomasson Drive and HamiltonAvenue are accurate, complete and current as of the timeof contracting. RWA, Inc. BY: v ti J. 1 • "— TITLE: DATE:C3.//o /2..-v/Lt E-1 G v V Packet Page -306- 5/12/2015 14.B.1. SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Category of time Christopher Wright, P.E. Senior Project Manager 4% Barry Jones, P.E Senior Professional Engineer 24% Daniel Garner, E.I. Staff Engineer 26% Richard Owens Senior CAD Technician 24% Michelle Rondo Project Coordinator 4% Doyle Nichols Construction Observation 3% Michael Ward, PSM Project Surveyor 1% Rick Korneff Senior Cad Technician 6% Gary Rashford, PSM Senior Party Chief 8% F-1 Packet Page -307- 5/12/2015 14.B.1. Client#:40467 RWAIN DIYYYY)E(MMID ACORD, CERTIFICATE OF LIABILITY INSURANCE DAT6/ E(MM/D 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOESNOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATEHOLDER. IMPORTANT:If the certificateholder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on thiscertificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karla Palacio NAME: Gulfshore Insurance-Naples PHONE 239263-4527 FAX 239 213-2836 A/C,No,Ext): A/C,No): 4100 Goodlette Road North E-MAIL k alacio ulfshoreinsurance.com Naples, FL 34103-3303 ADDRESS: P @9 239 261-3646 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FCCI Commercial Insurance Compa INSURED INSURER B:HartfordCasualtyInsurance Corn RWA, Inc. 6610 Willow Park Dr#200 INSURER C INSURER D: Naples,FL 34109-7909 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANYCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITSSHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLISUBR POLICY EFF POLICY EXP LIMITS LTR INSR IWVD POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY X X GL00165791 03/31/2014 03/31/2015 EACH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES R occurrence) $300,000 CLAIMS-MADE X OCCUR MEDEXP(Any one person) $10,000 X PD Ded:500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X PRO LOC A AUTOMOBILE LIABILITY X CA0026635 03/31/2014 03/31/2015 Ea OMBaccidINED ent) SI NGLELIMIT 1> >000000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTYDAMAGE AUTOS Per accident) A x UMBRELLA LIAB X OCCUR UMB0018632 03/31/2014 03/31/2015 EACH OCCURRENCE 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000 DED X RETENTION$10000 B WORKERS COMPENSATION X 21WBCAK2552 03/13/2014 03/13/2015 X TO Y LJMIT OTH- ER EMPLOYERS'LIABILITY TORYLIMITS Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONSbelow E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Contract#13-6012 Streetscape Improvements Design of Thomasson Drive and HamiltonAvenue Certificate Holder is included as Additional Insured withrespects to General Liability only as required by contract including Waiver of Subrogation,ongoing and completed operations per form CGL088 0710, on a primary non-contributory basis per form CG0001 1207.Additional Insured in regards toAuto Liability only as required by contract per form CA0003FL 1208.Waiver of Subrogation in regards toWorkersCompensation only as required by contract per form WC000313 0484.The Umbrella follows form. CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITHTHE POLICY PROVISIONS. 3327 Tamiami Trail East Naples, FL34112 AUTHORIZEDREPRESENTATIVE 1988-2010 ACORDCORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD S768255/M744015 KPA Packet Page -308- 5/12/2015 14.B.1. ACO°® CERTIFICATE OF LIABILITY INSURANCE Mo )6i2 2a PRODUCER (201)262-1200 FAX: (201)262-7810 THIS CERTIFICATE IS ISSUEDASA MATTER OF INFORMATION Fenner & Esler ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 467 Kinderkamack Road ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. P. 0. Box 60 Oradell NJ 07649-0060 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Travelers Casualty & Surety 31194 RWA, Inc. INSURER B: 6610 Willow Park Drive INSURER C: Suite 200 INSURER D: Naples FL 34109 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THEINSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANYREQUIREMENT, TERM OR CONDITION OF ANYCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THEPOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OISUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVEBEEN REDUCED BYPAID CLAIMS. INSR ADD'L POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE IMM/DDIYYYY) DATE(MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE _ $ DAMAGE TO RENTED COMMERCIALGENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS MADE OCCUR MEDEXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO-JECTJECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS Per accident) PROPERTYDAMAGE Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ i $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ A OTHERprofessional 105898390 3/1/2014 3/1/2015 Per Claim Limit 1,000,000 Liability Aggregate Limit 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEDBY ENDORSEMENT/SPECIAL PROVISIONS RE: Contract #13-6012 "Streetscape Improvements Design of Thomas son Drive and Hamilton Avenue" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEDPOLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Collier County Board of County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Commissioners 3327 Tamiami Trail East REPRESENTATIVES. Naples, FL 34112-4901 AUTHORIZEDREPRESENTATIVE Kevin Esler/JEAN ACORD 25(2009/01) 1988-2009 ACORD CORPORATION. All rights reserved. INS025(200901).01 TheACORD name and logo are registered marks of ACORD Packet Page -309- 5/12/2015 14.B.1. IMPORTANT If the certificateholder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to theterms and conditionsof the policy, certain policies may require an endorsement. A statement on thiscertificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurancedoes not constitute a contract between the issuing insurer(s), authorized representativeorproducer, and the certificate holder, nor does it affirmativelyornegatively amend, extendor alter the coverageafforded by the policies listed thereon. ACORD 25(2009/01) INS025(200901).01 Packet Page -310- 5/12/2015 14.B.1. HORIZ. SCALE (FULL): DATE CHECKED DRAWN RGE:TWP:SEC: DATE: TITLE: CLIENT:PROJECT: OF PROJECT NO.:SHEET NUMBER: REVISION REV # HORIZ. SCALE (HALF): 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 DESIGNED: DRAWN: VERT. SCALE (FULL): VERT. SCALE (HALF): FILE NAME: FLORIDA LICENSE NO. STREETSCAPE IMPROVEMENTS DESIGN OF THOMASSON DRIVE AND HAMILTON DRIVE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SECTIONS 01 WITH OPTIONS 13 130028.00.00 11/10/2014 N/A N/A BEJ DJG N/A N/A 1300280000C MD01 52675 BARRY E JONES, P.E. Pa c k e t P a g e - 3 1 1 - 5 / 1 2 / 2 0 1 5 1 4 . B . 1 . HORIZ. SCALE (FULL): DATE CHECKED DRAWN RGE:TWP:SEC: DATE: TITLE: CLIENT:PROJECT: OF PROJECT NO.:SHEET NUMBER: REVISION REV # HORIZ. SCALE (HALF): 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 DESIGNED: DRAWN: VERT. SCALE (FULL): VERT. SCALE (HALF): FILE NAME: FLORIDA LICENSE NO. STREETSCAPE IMPROVEMENTS DESIGN OF THOMASSON DRIVE AND HAMILTON DRIVE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SECTION 02 WITH OPTIONS 23 130028.00.00 11/10/2014 N/A N/A BEJ DJG N/A N/A 1300280000C MD01 52675 BARRY E JONES, P.E. Pa c k e t P a g e - 3 1 2 - 5 / 1 2 / 2 0 1 5 1 4 . B . 1 . HORIZ. SCALE (FULL): DATE CHECKED DRAWN RGE:TWP:SEC: DATE: TITLE: CLIENT:PROJECT: OF PROJECT NO.:SHEET NUMBER: REVISION REV # HORIZ. SCALE (HALF): 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 DESIGNED: DRAWN: VERT. SCALE (FULL): VERT. SCALE (HALF): FILE NAME: FLORIDA LICENSE NO. STREETSCAPE IMPROVEMENTS DESIGN OF THOMASSON DRIVE AND HAMILTON DRIVE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SECTIONS 03 WITH OPTIONS 33 130028.00.00 11/10/2014 N/A N/A BEJ DJG N/A N/A 1300280000C MD01 52675 BARRY E JONES, P.E. Pa c k e t P a g e - 3 1 3 - 5 / 1 2 / 2 0 1 5 1 4 . B . 1 . From:Beth Brainard To:CasertaAshley ; Mescatem@aol.com Cc:Joe Bonness ; Jane Cheffy Subject:Re: Thomasson Streetscape Project Date:Tuesday, January 06, 2015 1:25:50 PM Hello Ashley and Bob-- Yes, the final opinion came in yesterday. Thank you so much for taking the time to consult with us. From our perspective, taking into consideration safety and maintenance issues associated with safety, NPC believes that Option 1 is the best. Our reasoning follows: Option 1 is the safest for cyclists because it offers both street and pathway access and its design requires the least amount of maintenance to keep the lanes safe. Option 2 separating the bike lane with a sod strip is a construction problem. The base material will need to be built under the bike lane connecting to the road base and the sod will be difficult to drain and keep hydrated. Vehicles driving on the wet sod will squeeze it out and onto the bike lane. Sweeping the separated bike lane will be a problem. Option 3 A separate multiuse will not remove the bikes from the traffic and in an area with many driveways it will prove to be more dangerous than riding on the road. Separate multiuse paths are great where there are no drive ways or crossing roads. Each intersection adds several points of conflict with turning and crossing vehicles. Will the bike peds have stop signs or will the vehicles? We also were wondering how the green paint has lasted on Bay Shore Dr. and if it has had the intended effect. Is it an effective skid resistant? If the green paint is too expensive an alternative method of keeping vehicles from wandering in the bike lanes id audible land lines or a rumble strip. We wish you the very best with your project. If we can be of service in the future, please don't hesitate to contact us. Best, Beth Beth Brainard Executive Director Naples Pathways Coalition 300 Fifth Avenue South, Suite 101, Box 464 Naples, FL 34102 781-424-2413 On Jan 6, 2015, at 10:49 AM, CasertaAshley <AshleyCaserta@colliergov.net > wrote: Hi Beth, Happy New Year! The MSTU has a meeting tonight and I was curious to see if you or Packet Page -314- 5/12/2015 14.B.1. any of your board members had any comments on the Thomasson plans that I can present to our members? Thanks. Ashley Caserta Project Manager Bayshore Gateway Triangle Community Redevelopment Agency Bayshore Beautification MSTU and Haldeman Creek MSTU 3570 Bayshore Drive, Unit 102, Naples, Fl 34112 Phone: 239.643.1115 www.BGTCRA.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Page -315- 5/12/2015 14.B.1. From:JourdanJean To:DurhamTim Subject:FW: THOMASSON DRIVE and HAMILTON DRIVE Date:Wednesday, April 15, 2015 2:21:35 PM Attachments:Minutes Bayshore MSTU 12-02-2014.docx Basin Map Master Plan and Sections-SECTION 01.pdf Basin Map Master Plan and Sections-SECTION 02.pdf Basin Map & Master Plan and Sections-SECTION 03.pdf Re Thomasson Streetscape Project.msg FYI...this is a follow up to the Mr. Messmer’s letter to the Commissioners. As you can see this is not the first time he has wrote to the Commissioner’s regarding this project. Professionals, that he solicited their input such as the Naples Pathways Coalition have all agreed that the option chosen by the Advisory Board is the best option. However, Mr. Messmer continues to go against and make statements that are not accurate in the regards that the option chosen was merely because it was the cheapest. Jean From: CasertaAshley Sent: Thursday, January 29, 2015 10:19 AM To: JourdanJean Cc: HueEkna Subject: FW: THOMASSON DRIVE and HAMILTON DRIVE FYI Ashley Caserta Bayshore Gateway Triangle Community Redevelopment Agency Bayshore Beautification MSTU and Haldeman Creek MSTU Phone: 239.643.1115 From: CasertaAshley Sent: Wednesday, January 28, 2015 11:22 AM To: 'Mescatem@aol.com' Cc: HillerGeorgia; TaylorPenny; FialaDonna Subject: RE: THOMASSON DRIVE and HAMILTON DRIVE Mr. Messmer: I’m copying Commissioners Taylor, Fiala and Hiller on this email so they have some background information when they receive your letter. Three design options for the Thomasson Drive / Hamilton Avenue Streetscape Improvement project were presented by the MSTU’s consultant, RWA, at the December 2, 2014 MSTU meeting. Minutes are attached as well as the design options. After discussion, the MSTU advisory committee selected RWA Option 1 from the attached sections as the design they would like to move forward with. After that meeting, you and I met with Beth Brainard from the Naples Pathways Coalition and discussed the options. She took the drawings and reviewed them with members of the NPC board Packet Page -316- 5/12/2015 14.B.1. and they recommended the same option as the MSTU, for the same reasons. A copy of the email she sent is attached. RWA has also recommended this option. Currently, RWA is working on finishing up the design criteria report and will report at the March 2015 MSTU meeting. Ashley Caserta Project Manager Bayshore Gateway Triangle Community Redevelopment Agency Bayshore Beautification MSTU and Haldeman Creek MSTU 3570 Bayshore Drive, Unit 102, Naples, Fl 34112 Phone: 239.643.1115 www.BGTCRA.com From: Mescatem@aol.com [mailto:Mescatem@aol.com ] Sent: Tuesday, January 27, 2015 4:03 PM To: CasertaAshley Subject: THOMASSON DRIVE and HAMILTON DRIVE You recall, I told you I sent a letter to Commissioner Taylor regarding the safety issue of proceeding with Option 1. I plan to send a similar letter to Commissioners Fiala and Hiller. Bob Messmer Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Page -317- 5/12/2015 14.B.1. EXECUTIVE SUMMARY R ecommendation to approve a contract with RWA Consultants, Inc., in the amount of $390,148 under Request for Proposal “RFP” #13-6012 for the “Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue.” OB JECTIVE : To obtain professional design services for RFP #13-6012 “Streetscape Improvements Design of T homasson Drive and Hamilton Avenue” project. CONSIDERATIONS: The Bayshore Beautification MSTU selected the Thomasson Drive and Hamilton Avenue co rridors for a beautification project that would include bicycle and pedestrian improvements. The project boundaries are the right-of-way along Thomasson Drive from Orchard Lane heading west to Hamilton Avenue ending at Bay Street. This corridor is used by many school children to walk to Avalon Elementary School and to area parks, as well as other pedestrian and bicycle recreational users. The improvements include a shared use pathway on both sides of the road, medians and traffic separators, improved (green) bicycle lanes, lighting, landscaping, driveway aprons and stormwater improvements. On October 8, 2013, as Agenda Item 16B2, the Board of Commissioners approved the selection committee rankings as follows: #1) Atkins North America, Inc. and tied as #2) Q. Grady Minor and Associates, PA and RWA Consultants, Inc., and authorized staff to enter into contract negotiations. In accordance with standard RFP terms, in the event of a tie, the firm with the lowest paid dollars by Collier County to the Consultant within the last five (5) years will receive the higher individual ranking. Based on that information, RWA was deemed to be the second ranked firm. Staff was unable to reach an acceptable fee with Atkins North America, Inc., due to non-response on the Consultant’s part and ceased negotiations. In accordance with the requirements of the CCNA, Staff moved forward with negotiations with the second ranked firm, RWA Consultants, Inc. and successfully negotiated a contract in the amount of $390,148.00, subject to Board approval. At the April 1, 2014, meeting of the Bayshore Beautification MSTU advisory committee, the committee voted unanimously to approve awarding the contract for RFP #13-6012 to RWA Consultants, Inc., in the amount of $390,148.00. Staff recommends award of RFP #13-6012 to RWA Consultants, Inc. in the amount of $390,148.00. FISCAL IMPACT : Sufficient funds are budgeted in the in Bayshore Beautification MSTU Fund (163) to fund t he recommended award. GROWTH MANAGEMENT IMPACT : There is no growth management impact associated with this Executive S ummary. LEGAL CONSIDERATIONS: T his item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION : That the Board of County Commissioners approve a contract with RWA Consultants, I nc., in the amount of $390,148.00 under RFP 13-6012, for the “Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue,” to waive minor inconsistencies between the RFP document and the contract, and authorize the Chairman to sign and execute the attached contract after final review by the County Attorney’s Office. Prepared by: Ashley Caserta, Project Manager, Bayshore Beautification MSTU Attachments: 1) 13-6012 Contract; 2) 13-6012 Solicitation; 3) 13-6012 Final Ranking Item 16.B.1 06/10/2014 Packet Page -318- 5/12/2015 14.B.1. 10/8/2013 16.B.2. EXECUTIVE SUMMARY Recommendation to approve the shortlistof firms under RFP 13-6012 for Thomasson Drive and HamiltonAvenueStreetscape Improvements Design and direct staff to bring a negotiated contract with the top ranked firm to the Board for subsequent approval. OBJECTIVE: To approve staff selection committee rankings for the referenced project. CONSIDERATIONS: Thepurpose of this item is to approve the ranking of firmsfor streetscape improvement design services on a section of Thomasson Drive from Orchard Lane heading West. The improvements continue as the road turns into Hamilton Avenue goingSouth. Thescope of theseservices will include thoseservices required for the properadministration of all phases of the design as well as post design services. The RFP waspubliclyadvertised on May 6, 2013. Email notices were sent to 1150 firms with 56 vendors requesting full packages. Three responses were received by the due date of May 28, 2013. A public Selection Committee was held on July 24, 2013 and afterreview and discussion, andby consensus of the members, the responding firms were shortlisted in the order as follows: 1. Atkins North America, Inc. Tied for 2nd: Q. GradyMinor and Associates, PA; RWA Consultants, Inc. Staff will bring a negotiatedcontract with the toprankedfirm back to the Board for approval at a subsequent meeting. ADVISORY COMMITTEE RECOMMENDATIONS: At theBayshore Beautification MSTU September 11, 2013meetingthis item wasapproved 5 to O. FISCAL IMPACT: TheSourceof funds is from the Bayshore Beautification MSTU Fund 163. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to thisaction. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board action. - ERP RECOMMENDATION: To approve the recommended short list for RFP 13-6012 and direct staff to bring a negotiated contract to theBoard for subsequent approval. PREPARED BY: Ashley Caserta, Project Manager Bayshore Gateway Triangle CRA/Bayshore Beautification MSTU Packet Page-1764- Packet Page -319- 5/12/2015 14.B.1. 10/8/2013 16.B.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.2. Item Summary: Recommendation to approve theshortlistof firms under RFP 13-6012 for Thomasson Drive and Hamilton Avenue Streetscape Improvements Design and direct staffto bring a negotiated contract with the top ranked firmto the Board for subsequentapproval. Meeting Date: 10/8/2013 Prepared By Name: CasertaAshley Title: Grants Coordinator, 9/26/2013 2:57:38 PM Submitted by Title: Grants Coordinator, Name: CasertaAshley 9/26/2013 2:57:40 PM Approved By Name: Markiewiczjoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 9/27/2013 10:48:23 AM Name: JohnsonScott Title: Purchasing Agent,Purchasing& General Services Date: 9/27/2013 4:13:14 PM Name:jourdan_j Title: Project Manager, Date: 9/30/2013 4:06:40 PM Name: PepinEmily Title: AssistantCounty Attorney, CAO Litigation Date: 9/30/2013 4:34:26 PM Packet Page -1765-Packet Page -320- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/30/2013 5:12:00 PM Name: KlatzkowJeff Title: County Attorney Date: 10/1/2013 8:11:21 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/1/2013 9:08:47 AM Packet Page-1766-Packet Page -321- 5/12/2015 14.B.1. 10/8/2013 16.B.2. 00 0 c To o oo °o L a '. N N d N of CD a- NN a) a) 4, a> CD d 4-• a- M N CO O E d co O C to E U Y a c c a- N M CO O C re a) C) c Tu re Cl) LL Q O C r N M CO i O C au CO t E CD a C I C a- N CO CO aC C) o Q O c u) O N M r CO N 0 Cl) Y O o 2 0 I-- w 0 c u) a) C) d Cl) u) O N CD 0 •f0 E it c 5 p O O c N L a d . Z E L 0.S C m 0 e- W Z Q O = C) 3 O t co c (7) n Packet Page-1767- Packet Page -322- 5/12/2015 14.B.1. 10/8/2013 16.B.2. REQUEST FOR PROPOSALS In accordance with FloridaStatute 287.055, Consultants' CompetitiveNegotiation Act. CoitTer County AdministrativeServices Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 13-6012 Streetscape Improvements Design of Thomasson Drive and Hamilton Ave Scott D. Johnson, Interim Acquisition Manager 239/252-8995(Telephone) 239/252-6588(Fax) ScottJohnson @colliergov.net @colliergov.net(Email) This proposalsolicitation document is prepared in a Microsoft Wordformat. Any alterations to this document made by the Consultant may be grounds for rejection ofproposal, cancellation of any subsequent award, or any other legal remedies available to theCollier County Government. CI Pirdasirg O t,es5•3327 lesse s Trail East•Naples,Florida 34112.4901•esssv c$erguv.net/purchawrg CCNA(Revision 01/01/2013) Packet Page-1768-Packet Page -323- 5/12/2015 14.B.1. 10/8/2013 16.6.2. Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 10 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 14 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 18 ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 26 ATTACHMENT 2: CONSULTANT CHECK LIST 27 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 28 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 29 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 31 ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 32 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 33 ATTACHMENT 8: REFERENCE QUESTIONNAIRE 35 RFP CCNATemplate_01/01/2013 RFP_CCNATemplate 2 Packet Page-1769-Packet Page -324- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Co per County Administrative Services Division Purchasing LegalNotice Pursuant to approval by the County Manager, SealedProposals toprovide Streetscape Improvements Design of Thomasson Drive & Hamilton Ave will be received until 3:00 PM, Napleslocal time, on May 28, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 13-6012 Streetscape Improvements Design of Thomasson Drive & Hamilton Ave A pre-proposal conference is not applicable for this solicitation. All statements should be made upon theofficial proposalform whichmust be obtained only on the CollierCountyPurchasing DepartmentOnline BiddingSystem website: www.collieroov.net/bid. CollierCounty does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Noticewas posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on May 6, 2013. RFP CCNA Template_01/0112013 RFP_CCNATemplate 3 Packet Page-1770-Packet Page -325- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Community RedevelopmentAgency (hereinafter, the Division or Department"), theCollierCounty Board of CountyCommissioners Purchasing Department(hereinafter, "County") has issued this Requestfor Proposal(hereinafter, "RFP") with the intent of obtaining proposalsfrominterested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of CountyCommissionersPurchasingPolicy. Brief Description of Purchase The purpose is to improve a section of Thomasson Drivefrom Orchard Laneheading West. Improvementscontinue as the road turns into Hamilton Avenue going South. Thescope of these services is to include those required for the proper administration of all phases of the design as well as post design services. Background The MSTU conducted a master planning process which identified theimprovements for Thomasson Driveand Hamilton Avenue as a priority project. In October 2011 the MSTU commenced the conceptual design for theprojectwith an engineering firm. This exercise produced alternative designs for the public to review. The improvements listed below are those identified by thepublic as preferred for this project. a. On Thomasson Drive from Orchard Lane to Bayshore Drive: i. 8' shared-use path on both sides of Thomasson Drive from Orchard Lane to Bayshore Drive. ii. Medians and traffic separators iii. Public art installations iv. Improved (green) bicycle lanes b. On Thomasson Drive West of Bayshore Drive and Hamilton Avenue: i. Median as space permits ii. 8' shared-use path on both sides of Thomasson Drive; one side of Hamilton Avenue iii. Public art installations iv. Bicycle lanes on Thomasson Drive; paved shoulders on Hamilton Avenue A video renderingwas created of the project, available to the public. The MSTU plansto construct the improvements in 2014. Detailed Scope ofWork Phase I: o Task I: Data Collection & Existing Conditions o Task II: Project Design o Task III: Permitting RFP CCNA Template_01/01/2013 RFP_CCNATemplate 4 Packet Page -1771-Packet Page -326- 5/12/2015 14.B.1. 10/8/2013 16.B.2. o Task IV: Preparation of Bid Documents, Assistance with Bidding Phase II: o Task V: Post-Design Services The anticipated contract term for Phase I shall be for a period not to exceed 14 months. By mutual agreement and funding availability, thecontractmay be renewed for up to sixmonths for design and permitting of Phase II. The Firm(s) submitting as the Prime Contractor at a minimum must be pre-qualified through FDOT in the following work groups: 2.0— Project Development& Environmental (PD&E) Studies 3.1 —MinorHighway Design 3.3—ControlledAccess Highway Design 4.1.1 - Miscellaneous Structures Thefirm (s) submitting as a subcontractor to the Prime at a minimum must be prequalified through FDOT in the following workgroups to provide thatservice: 6.1 — Traffic Engineering Studies 6.3.1 —Traffic Systems Analysis and Design f 7.1 — Signing, Pavement Marking & Channelization 7.2— Lighting 7.3 - Signalization 8.1 — ControlSurveying 8.2— Design, Right of Way& Const. Survey 8.4— Right of Way Mapping 9.1 — Soil Exploration Term of Contract The contract term, if an award(s) is/are made is intended to be for duration of the design and construction phase of the work. Prices shall remain firm for the initial termof this contract. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budgetavailability and program manager approval. Surcharges willnot be accepted in conjunction withthis contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The followingprojected timetable should be used as a workingguide for planning purposes only. TheCounty reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 5/6/2013 Last Date for Receipt of Written Questions 5/21/2013, 12 noon, RFP CCNA Template_01/01/2013 RFP_CCNATemplate 5 Packet Page-1772-Packet Page -327- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Naples Local Time Addendum Issued Resulting from Written Questions or Pre- Date Proposal Conference (Include if applicable) Solicitation Deadline Date and Time 5/28/2013, 3PM, NaplesLocal Time Anticipated Evaluation of Submittals TBD Consultant Presentations if Required (Include if applicable)TBD Anticipated Completion of Contract Negotiations (Include if TBD applicable) Anticipated Board of County Commissioner's Contract TBD Approval Date ResponseFormat The Consultantunderstands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. TheConsultant further agrees thatif the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitatethefair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in thisRFP. Any portions of the proposal that do not comply with these guidelines must beso noted and explained in the Acceptance of Conditions sectionof the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant's approach and ability to meettheCounty's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each sectionshould be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listeditems mayresult in the rejection of its proposal. 1. Tab I, CoverLetter/ Management Summary (0 pts) In this tab, include: Provide a cover letter, signed byan authorized officer of thefirm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerningproposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of thisRFP. RFP CCNA Template_01/01/2013 RFP_CCNATemplate 6 Packet Page-1773-Packet Page -328- 5/12/2015 14.B.1. 10/8/2013 16.B.2. REMOVE the following two paragraphs if not relevant Site Inspection: If services to be providedinvolveor are related to a physical site(s), including, butnot limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers select one shall or may visit the site(s)to become familiar with local conditions that may in any manner affectperformance of the Work.This sitevisit shall be documented in writing by the proposer,this documentation shall be submitted withtheproposalTheproposal select one may or will be deemed non-responsiveifthe sitevisitdocumentation is not presented to the County in the proposer's submitted proposalmaterials. Upon award of thecontract, subsequent site visits shall beat intervals appropriate to the stage of the project, as determined by the Countyprojectmanager.' No plea of ignorance of conditions ordifficulties that may existor conditionsor difficulties that.may beencountered in the execution of the Work pursuant to this Agreement as a of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for anyclaims whatsoever for extra compensation or for an extension of time. 2. Tab II, Business Plan (15 pts) In this tab, include: Detailed plan of approach (including majortasks and sub-tasks). Detailed time line for completion of the project. Includewiththe Business Plan or asan attachment, a copy of a report as an example of work product. Thisshould be for oneof the projects listedas a reference. 3. Tab III, Experience and Capacity of Firm (40 pts) In this tab, include: Provide information that documents Consultant's and subcontractors' qualifications to producethe required deliverables, including abilities, capacity, skill, and financialstrength, and number of years of experience in providing the required services. Provide details ofrisks that may be associated with the project and how the firm may overcomethose risks. Provide details of unique benefits that the firm offers on this project. Provide current list of projects in the format identified below: Project Original Date End Date iginal Final Project Number of Start Change Description Budget Cost Orders RFP CCNA Tempiate_01/01/2013 RFP_CCNATemplate 7 Packet Page-1774-Packet Page -329- 5/12/2015 14.B.1. 10/8/2013 16.B.2. 4. Tab IV, Specialized Expertise of TeamMembers (25 pts) In thistab, include: Description of theproposed contract team and the roleto be played by each member of the proposedteam. Describe thevariousteam members' successfulexperience in workingwith one another on previous projects. Attachresumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. Attach resumes of any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. 5. Tab V, References—5 Completed and Returned (20 pts) In order for theConsultant tobe awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference formsfrom clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the SelectionCommittee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: TheCountywill totaleachof the Consultant's five reference questionnaires and create a ranking fromhighest number of points to lowestnumber of points. References marked with an N/A (or similar notationwill be giventhe score of zero 0)). Consultants who do not turn in reference forms will be counted as zero (0). The greatest number of pointsallowed in this criterion will be awarded to the Consultant who has the highest score. The next highest Consultant's number ofpoints will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. Points awardedwill be extended to the first decimal point(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Total Consultant Name Points Awarded Reference Score Consultant ABC 445 20 Consultant DEF 435 19.6 Consultant GHI 425 19.1 Consultant JKL 385 17.3 Consultant MNO 385 17.3 Consultant PQR 250 11.2 RFP CCNA Template_01/01/2013 RFP_CCNATemplate 8 Packet Page -1775-Packet Page -330- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Note:Sample chart reflects a 20 pointreferencecriterion. The pointsawarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The SelectionCommittee may, at their sole discretion, contactreferences, and/or modify the referencepointsassignedafter a thorough review of theproposal and prior to finalranking by the final SelectionCommittee. 6. Tab VI, Acceptance of Conditions Indicate any exceptions to the generalterms and conditions of the RFP, andto insurance requirements or any otherrequirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be consideredafter the award, or if applicable, during negotiations. Exceptionstaken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal forSelection Committee consideration, depending on the extent of theexception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7. Tab VII, Required Form Submittals (0 pts) Attachment 2: Consultant Checklist Attachment 3: Conflict of Interest Affidavit Attachment 4: ConsultantDeclaration Form' Attachment 5: Immigration Affidavit and company's E-Verify profile pageand memorandum of understanding Attachment 6: Consultant Substitute W9 Attachment 7: Insurance Requirements Attachment 8: Reference Questionnaire Other: License, certifications, informational materials, etc. RFP CCNA Template_01/0112013 RFP_CCNATemplate 9 Packet Page-1776-Packet Page -331- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to theCollier County Purchasing DepartmentOnline Bidding System website: www.colliergov.net/bid. Consultantsmustclearly understand that theonly official answeror position of the County will be the one stated on theCollierCountyPurchasing DepartmentOnline BiddingSystem website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-ProposalConference The purpose of the pre-proposalconference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, norbecome part of the RFP. Only writtenresponses to written questions will be considered official, andwill be included as part of the RFP as an addendum. All prospective Consultants are stronglyencouraged to attend, as, thiswill usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as"mandatory", prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposalsmust be in strictcompliance withthis RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP Itis the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediatelynotifythe ProcurementStrategist, noted herein, of such error in writing and request modification or clarificationof the document prior to submitting the proposal. TheProcurement Strategist will make modifications by issuing a written revisionand will give writtennotice to all parties who have received this RFP fromthe Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County willnot be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals RFP CCNA Template_01/01/2013 RFP_CCNATemplate 10 Packet Page-1777-Packet Page -332- 5/12/2015 14.B.1. 10/8/2013 16.B.2. All proposals are tobe delivered before 3:00 PM, Naples local time, on or before May 21, 2013to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Scott D. Johnson, Interim Acquisition Manager TheCounty does not bear the responsibility for proposalsdelivered to thePurchasing Department past the stated date and/or time indicated, or to an incorrectaddress by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing/GeneralServices Director, or designee, reserves the right to accept proposals received after the posted close timeunder the followingconditions: The tardy submission of theproposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courierwhere delivery wasscheduledbefore the deadline. The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit one(1) paper copy clearly labeled "Master," and six (6) compactdisks (CD's)with one copy of the proposal on each CD in Word, Excel or PDF. List the SolicitationNumber and Title on the outside of the boxor envelope. 7. Validity ofProposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be validfor a periodofone hundredeighty (180) days from the submission dateto accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive SealedProposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and CollierCounty Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. If the County receivesproposals from less than three (3) firms, the Purchasing Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the SelectionCommittee rank order the received proposals. The County may, as it deemsnecessary, conduct discussions with qualified Consultants determined to be in contention for being selectedforaward for the purpose of clarification to assure full understanding of, and responsiveness to solicitationrequirements. 9. Evaluation of Proposals Collier County will evaluate and selectthese Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. RFP CCNA Template_01/01/2013 RFP_CCNATemplate 11 Packet Page-1778-Packet Page -333- 5/12/2015 14.B.1. 10/8/2013 16.B.2. The County's procedure for selecting is as follows: 1. The CountyManager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to theclosing of proposals,the Procurement Strategist will reviewthe proposalsreceived and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to thepublic and the Procurement Strategist will publicly post prior notice ofsuchmeeting in the lobby of thePurchasing Building. 5. Thecommittee members willreview each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of theselectioncommittee, the ProcurementStrategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in thelobby of the Purchasing Building not less thanthree (3)working days prior to the meeting. TheProcurementStrategist willalso post prior noticeof all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other informationCollier County mayobtain to determine whether the Proposer is capable of andhas a history of successfully completingprojects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals receivedfrom Proposers responding to this RFP. The committee members will score each Proposal in accordance with therating criteriaset forthbelow and may, at theirdiscretion, schedulepresentations from any firms submitting a proposal. Consultant(s) shallhave an opportunity to discuss their qualifications, approach to the project and ability to furnishservices for the scope of work outlined in this solicitationduring the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude theCounty from having additional presentations by ranked firms at the County's solediscretion. 9. The Selection Committee will rankqualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequentlyenter into negotiations with thetop ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shallbegin withthetop-ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to theBoard of County Commissioners for approval. The County reservesthe right to withdraw this RFP at any time and for anyreason, and to issuesuch clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited,to requesting supplemental proposal information. Receiptof a proposal by theCounty or a submission of a proposal to the County offers no rights upon the Consultant norobligatesthe County in any manner. RFP CCNA Template_01/01/2013 RFP_CCNATemplate 12 Packet Page-1779-Packet Page -334- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Acceptance of theproposal does not guarantee issuance of any other governmental approvals. Proposals whichincludeprovisions requiring the granting of zoning variances may notbe considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and EvaluationFactors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors tobe considered in the evaluation of proposal responses are listed below. Business Plan 15 pts Experience and Capacity of theFirm 40 pts Specialized Expertise of Team Members 25 pts References 20 pts TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, thefirm with the lowest paid dollars by Collier County to the Consultant(as obtained from the County's financial system)withinthe last five (5) years will receive the higherindividual ranking. This information will be based on information provided by the Consultant, subject to verification at the County's option. If there is a multiple firm tie in eitherindividual scoring or final ranking, the firm with the lowest volumeofwork shall receive the higherranking, the firm with the next lowestvolume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposalwhich in the judgment of the County is deemedthemost advantageous for the public and Collier County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be causefor rejection. In theevent of default of thesuccessful Consultant, or their refusalto enter into theCollierCountycontract, the Countyreserves theright to accept the proposal of any other Consultant or to re-advertise using the sameor revised documentation, at its sole discretion. RFP CCNA Template_01/01/2013 RFP_CCNATemplate 13 Packet Page-1780-Packet Page -335- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Exhibit III: Collier CountyPurchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior toactual receipt ofthe goods by the 2. Acceptance and Confirmation COUNTY nonetheless remainwith This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paidby the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the PurchaseOrder may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to showthisPurchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR.container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuseor All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expensethat is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under thisPurchase Order and the full defective or nonconforming goods will be invoice valueof such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase orderrequires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods orfrom date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stets., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuantto a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. securethe lowest transportation rates RFP CCNATemplate_01/01/2013 RFP_CCNATemplate 14 Packet Page -1781-Packet Page -336- 5/12/2015 14.B.1. 10/8/2013 16.B.2. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to servicesunder this Purchase Order is of the theOccupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a LaborStandards Act, as well as anylaw or reasonable time, as interpreted by the regulation noted on the face ofthe Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providinggoods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTYfor nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. priorwrittenconsent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by 10. Indemnification written notice make changes to drawings VENDOR shall indemnify and hold harmless and specifications, shipping instructions, the COUNTY fromany and all claims, quantities and delivery scheduleswithin the includingclaims of negligence, costs and general scope of this Purchase Order. expenses, including but not limited to Should any such change increase or attorneys' fees, arising from, caused byor decrease the cost of, or the time required for related to theinjury ordeath of any person performance of the Purchase Order, an includingbutnot limited to employees and equitable adjustment in the price and/or agents ofVENDOR in the performance of delivery schedule will be negotiated by the their duties or otherwise), or damage to COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY the foregoing, VENDOR has an affirmative or other persons), which arise out of or are obligation to give notice if the changes will incident to the goods and/or services to be decrease costs. Any claims for adjustment providedhereunder. by VENDOR must be madewithin thirty(30) days from the date the change is ordered or 11. Warranty of Non-Infringement within such additional period of time as may VENDOR represents and warrants that all be agreedupon by the parties. goods sold or servicesperformed under this PurchaseOrder are: a) in compliance with 7. Warranties applicable laws; b) do not infringe any VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret; and/or services covered by this Purchase and c) do not constitute unfair competition. Order will conform to the specifications, drawings, samples or other descriptions VENDOR shall indemnify and hold harmless furnished or specified by the COUNTY, and theCOUNTY from and against any and all will be of satisfactory material and quality claims, including claims of negligence, costs production, free from defects and sufficient and expense, including but not limited to for the purpose intended. Goods shall be attorneys' fees, which arise from anyclaim, delivered free from any security interest or suit or proceeding alleging that the other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or party. These warranties shall survive services provided underthis Purchase Order inspection, acceptance, passage of title and are inconsistent with VENDOR'S payment by the COUNTY. representations and warranties in section 11 a). 8. StatutoryConformity Goods and services provided pursuant to If any claimwhich arises from VENDOR'S this Purchase Order, and their production breach of section 11 (a) has occurred, or is RFP CCNATemplate_01/01/2073 RFP_CCNATemplate 15 Packet Page -1782-Packet Page -337- 5/12/2015 14.B.1. 10/8/2013 16.B.2. likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actualorpotential force the right to continue using the goods or majeure orother conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall without any material degradation in immediately givenotice thereof, including all performance, quality, functionality or relevant informationwith respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/orservices to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due orto become due Order. Providing and maintaining adequate without thepriorwritten consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed throughinsurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchasedor rented, or services purchased federal, state, and local laws, rules, codes, Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federalexcise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay underthis Purchase Order shallbe basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior writtennotice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of theterms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breachof this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This PurchaseOrder shall be governed contract arising from this Purchase Order. by the laws ofthe State ofFlorida. The venue for any action brought to 14. Force Majeure specificallyenforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause forCollier County, Florida beyond their control, including, but without b) Failure of the COUNTY to act limitation to war, strikes, civil disturbances immediately in response to a breach of RFP CCNA Template_01/01/2013 RFP_CCNATemplate 16 Packet Page -1783-Packet Page -338- 5/12/2015 14.B.1. 10/8/2013 16.B.2. this Purchase Order by VENDOR shall accordance with Florida Statute Chapter not constitute a waiver of breach. 112.061, Per Diem and Travel Waiver of the COUNTY by any default Expenses for PublicOfficers, employees by VENDOR hereunder shall not be and authorized persons. deemed a waiver of any subsequent e) In the event of any conflict between or default by VENDOR. among the terms of any Contract c) All notices under this Purchase Order Documents related to this Purchase shall be sent to the respective Order, the terms of the Contract addresses on the face page by certified Documents shall takeprecedence over mail, return receipt requested, by the terms of the Purchase Order. To the overnight courier service, or by personal extent any terms and /or conditionsof delivery and will be deemed effective this Purchase Order duplicate oroverlap upon receipt. Postage, delivery and the Terms and Conditions of the other charges shall be paid by the ContractDocuments, the provisionsof sender. A party may change its address the Terms and/or Conditionsthat are for notice by written notice complying most favorableto the County and/or with the requirements of this section.provide the greatest protection to the d) The Vendor agrees to reimbursement of County shall govern. any travel expenses that may be associated with this Purchase Order in RFP CCNA Template_01/01/2013 RFP_CCNATemplate 17 Packet Page-1784-Packet Page -339- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized todo business in theState of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurablevalue of thescope of work. TheCounty and theConsultantwaive against each other and theCounty's separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insuranceprovided herein, except suchrights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waiversof subrogation from the County's separateConsultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the awardof this solicitationmustidentify "Foranyand all work performed on behalf of CollierCounty." The General Liability Policy provided by Consultant to meettherequirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interestsprovisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurancemust state the Contract Number, orProject Number, or specific Project description, ormust read: For any and all workperformed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida Theamounts and types of insurance coverage shall conform to the minimum requirements setforth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant's sole responsibility. Coverage(s) shall be maintained without interruptionfromthedate of commencement of the Work until the date of completion and acceptance of thescope of work by the County or as specified in this solicitation, whichever is longer. TheConsultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurancecarrier orthe Consultant. The Consultant shall also notify theCounty, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In theevent of a reduction in theaggregate limit of anypolicy to be provided by Consultant RFP CCNA Template_01/01/2013 RFP_CCNATemplate 18 Packet Page-1785-Packet Page -340- 5/12/2015 14.B.1. 10/8/2013 16.B.2. hereunder, Consultant shall immediately take steps to have theaggregate limit reinstated to the full extent permitted undersuch policy. Should atany time the Consultant notmaintain the insurancecoverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costswithin thirty (30) days after demand, theCountyhas the right to offsetthese costsfrom any amount due Consultantunder this Agreement or any other agreement betweenthe County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or theinsurance company or companies used. The decision of theCounty to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any Y Y of its rights under the Contract Documents. If theinitial or any subsequently issued Certificate of Insuranceexpires prior to the completion ofthe scope of work, the Consultant shall furnish to the Countyrenewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extendedto Other Governmental Entities Collier Countyencourages and agrees to the successfulConsultant extendingthepricing, terms and conditions ofthis solicitation or resultant contract to other governmentalentities at the discretion of the successful Consultant. 3. Additional Items and/or Services Additional items and / orservices may be addedto the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders onany servicerelated project, includingconstruction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall havethe rightto inspectthe Consultant's facilities/project site during and after each work assignment the Consultant is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contractwithin twenty one (21) days of Notice of Selection for Award. TheCounty reservesthe rightto include in any contract document such terms and conditions, as it deemsnecessaryfor the proper protection of the rights of CollierCounty. A sample copy of this contract is available upon request. The County willnot be obligated to sign any contracts, maintenance and/or service agreements or other documentsprovided bytheConsultant. 7. Work Orders on Fixed Term Contracts RFP CCNA Template_01/01/2013 RFP_CCNATemplate 19 Packet Page-1786-Packet Page -341- 5/12/2015 14.B.1. 10/8/2013 16.B.2. The County reserves the rightto order such services from selected firms as may be requiredduring said period, but does not guarantee any minimumor maximum services to be orderedduring the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orderssubject to a maximum of$200,000 per WorkOrder and with a maximum yearly contract amount of $750,000 perfirm. WorkOrder assignments in excess of$200,000 shall be approved by the Board of CountyCommissioners. Should anyproject that is active on a work orderextend past thecontract termination date, that work order will be active and extended as necessary until completion of such project. 8. Payment Method Payments are made in accordance with the Local Government PromptPayment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: PurchaseOrderNumber Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Boardof CountyCommissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk( collierclerk.com. Collier County, in its sole discretion, will determinethemethod of payment for goods and/or services as part of this agreement. Payment methods include: Traditional— payment by check, wire transfer or other cash equivalent. Standard —payment by purchasing card. CollierCounty's Purchasing CardProgram is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept anyadditional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The Countywill entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at theinitial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of theContract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyondsixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted withinthe fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices RFP CCNA Template_01/01/2013 RFP_CCNATemplate 20 Packet Page-1787-Packet Page -342- 5/12/2015 14.B.1. 10/8/2013 16.B.2. submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specificallyauthorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimelysubmission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimelysubmitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to CollierCounty and the contractor hasnot satisfied nor made arrangement to satisfy these debts, theCounty reserves the right to off-set the amount owed to theCounty by applying the amount owed to thevendor or contractor for servicesperformed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, theinvoice will be transmitted to the Finance Division for payment. Paymentwill be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves theright to withhold and/or reduce an appropriate amount of any payment for work not performed or forunsatisfactory performance of Contractual requirements. 9. Environmental Healthand Safety All Consultants and Sub Consultants performing servicefor Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsiblefor the safety of theiremployees andany unsafe acts or conditionsthat may cause injury or damage to any persons or propertywithin and aroundthe work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for thepurpose of inspectionof any Consultant's work operations. This provision is non-negotiable by any department and/or Consultant. All new electrical installations shall incorporate NFPA70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Consultant is required to possess the correct Business Tax Receipt, professional license, and any otherauthorizationsnecessary to carryout and perform the work required by the project pursuant to all applicable Federal, State andLocal Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copiesof the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activitiesor work included in the contractdocuments. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. RFP CCNA Template_01/01/2013 RFP_CCNATemplate 21 Packet Page -1788-Packet Page -343- 5/12/2015 14.B.1. 10/8/2013 16.B.2. All State Certified contractors who may need to pull CollierCounty permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registeringthe license/registration will need to be renewed thereafter to remain "active" in Collier County If youhave questionsregardingprofessional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupationallicenses, please contact the Tax Collector's Office at(239) 252-2477. 11. Survivability Purchase Orders: TheConsultant/ContractorNendor agrees that any PurchaseOrder that extends beyondthe expiration date of the originalSolicitation 13-6012will survive and remain subject to the terms and conditions of that Agreement until thecompletion or termination of this Purchase Order. 12. Principals/Collusion By submission of thisProposalthe undersigned, as Consultant, does declare thatthe only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other thantherein mentioned has any interest in this Proposal or in the contract to be entered into; that thisProposal is made without connection with anyperson, company or partiesmaking a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 13. Relation of County It is the intent of the parties hereto that the Consultant shall be legallyconsidered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be consideredemployees or agents of the County, and that the County shall be atno time legally responsiblefor any negligence on the part of said Consultant, theiremployees or agents, resulting in either bodily or personal injury or propertydamage toany individual, firm, or corporation. 14.Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the Countymay terminatethisAgreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day writtennotice. TheCounty shall be sole judge of non-performance. 15. Lobbying All firms are herebyplaced on NOTICEthat the BoardofCounty Commissioners does not wish to be lobbied, eitherindividually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the CountyCommission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact anyother employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision mayserve as grounds for disqualificationfor award of this contract to thefirm. 16. Certificateof Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firmsmust be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the RFP CCNA Template_01/01/2013 RFP_CCNATemplate 22 Packet Page -1789- Packet Page -344- 5/12/2015 14.B.1. 10/8/2013 16.B.2. document may be submitted withthe solicitationresponse and the document number shall be identified. Firmswho do not provide the certificate of authority at the time of response shall be required toprovide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe,the County reserves the right to award to another firm. 17. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entitythatsubmits a proposal as a primary or as part of a partnership or joint venturesubmitting as primary may notthen act as a sub- consultant to any otherfirm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under thesame RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub-consultant. 18. Protest Procedures Any actual or prospectiveConsultant to a Request for Proposal, who is aggrieved with respect to the former, shallfile a writtenprotest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the PurchasingDirector no later than 11:00 a.m. Collier County time on thefinalpublished date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual orprospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to theform and content requirements of the formalprotest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 19. Public Entity Crime A person oraffiliatewho hasbeen placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply ona contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply ona contract with a public entity for theconstruction or repair of a public building or public work; may not submit bids, proposals, or replies on leases ofreal property to a publicentity; maynot be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and maynot transact business withany public entity in excess ofthe threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 monthsfollowingthe date of being placed on the convicted Consultant list. 20. Security and Background Checks If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. Thismay include, but not be limited to, checking federal, state and locallaw enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. RFP CCNA Template_01/01!2013 RFP_CCNATemplate 23 Packet Page-1790-Packet Page -345- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 21. Conflict ofInterest Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potentialor actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended toidentify and orpreclude conflict of interest situations during contract selection and execution. 22. Prohibition ofGifts to County Employees No organizationor individual shall offer or give, either directly orindirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CollierCounty Ethics Ordinance and County Administrative Procedure 5311. Violation of thisprovisionmayresult in oneor more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm fromcontact with County staff for a specified period of time; b. Prohibition by the individual and/orfirm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate terminationof any contract held by theindividual and/or firm for cause. 23. Immigration Law Affidavit Certification Statutes and executiveorders require employers to abide by the immigration laws of the United States and to employ only individualswho are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any otheremployment eligibility verification requirements. The program will be used forCollier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to theprogram: Commodity based procurement where no services are provided. Where the requirement forthe affidavit is waived by the Board of County Commissioners Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptableevidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of theproperlycompleted E-Verify Company Profilepage or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide theCollier County Purchasing Department an executed affidavitcertifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does notcomply with providing the acceptable E-Verifyevidence and the executed affidavit the bidder's/ Consultant's proposal may be deemed non-responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E-Verifysystem for all purchases not covered under the "Exceptions to theprogram" clauseabove. For additional informationregarding theEmployment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.dov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulationsgoverning thisprogram. RFP CCNA Template_01/01/2013 RFP_CCNATemplate 24 Packet Page -1791-Packet Page -346- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Consultant acknowledges, and withoutexception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with theprovisions of theImmigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by theawarded firm(s) to comply with the laws referenced hereinor the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have thediscretion to unilaterallyterminate said agreement immediately. VIII RFP CCNA Template_01/01/2013 RFP_CCNATemplate 25 Packet Page-1792-Packet Page -347- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Col firer Comity Administrative Services Division Purchasing Attachment 1: Consultant's Non-Response Statement The sole intent of theCollier CountyPurchasingDepartment is to issue solicitations that are clear, concise and openly competitive. Therefore,we are interested in ascertaining reasonsforprospective Consultants not wishing to respond to this solicitation. If your firm is notresponding to this RFP, please indicatethe reason(s) by checking the item(s) listed below and return thisform via email or fax, noted on the cover page, or mailto CollierCounty Government, PurchasingDepartment, 3327 Tamiami Trail E, Naples, FL 34112. We are notresponding to CCNA Solicitation 13-6012 Street Improvement Design Thomasson Drive& Hamilton Ave for the following reason(s): Servicesrequested not availablethrough our company. Ourfirmcould not meet specifications/scope of work. Specifications/scope of work not clearlyunderstood or applicable (too vague, rigid, etc.) Project is too small. Insufficient timeallowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP CCNA Template_01/01/2013 RFP_CCNATemplate 26 Packet Page-1793-Packet Page -348- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Co G;r county Administrative Services Division 5' Purchasing Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have beensigned and included, along with licenses to completethe requirements of the project. Any addenda have been signed and included. The mailing envelope has been addressed to: CollierCounty Government PurchasingDepartment 3327 Tamiami Trail E Naples FL 34112 Attn:Scott D. Johnson, Interim Acquisition Manager CCNA Solicitation: 13-6012 Streetscape Improvements — Thomasson Drive & Hamilton Ave. The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. The Proposal will be mailed or delivered in time to be received no later thanthe specified due date and time. (OtherwiseProposalcannot be considered.) ALL COURIER-DELIVEREDPROPOSALS MUSTHAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIERPACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP CCNA Template_01/0112013 RFP_CCNATemplate 27 Packet Page-1794-Packet Page -349- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Co Tier County Administrative Senrioes Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest oractivity (financial, contractual, organizational, or otherwise)whichrelates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have beenfully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Titleof Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by who is personally known to me to be the for the Firm, OR whoproduced the following identification NotaryPublic My Commission Expires RFP CCNA Template_01/01/2013 RFP_CCNATemplate 28 Packet Page-1795-Packet Page -350- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Co Ter Count Administrative Services Division Purchasing Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 13-6012 Streetscape Improvements—Thomasson Drive & Hamilton Ave. Dear Commissioners: The undersigned, as Consultantdeclares that this proposal is made without connection or arrangementwith any other person and this proposal isin every respect fair and made in good faith, withoutcollusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and CollierCounty, for the performance of all requirements to which the proposalpertains. TheConsultant states that the proposal is based upon the proposal documents listedby the above referenced CCNA Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 200 in the County of in the State of Firm's Legal Name: Address: City, State, ZipCode: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: Typed and written) Title: RFP CCNA Template_01/01/2013 RFP_CCNATemplate 29 Packet Page -1796-Packet Page -351- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Additional Contact Information Send payments to: required if different from above) Company nameused as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicingCollier County to place orders required If different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: II ail RFP CCNA Tempiate_01/01/2013 RFP_CCNATemplate 30 Packet Page-1797-Packet Page -352- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Co i*r County Administrative Services Division Purchasing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 13-6012 Streetscape Improvements—Thomasson Drive & Hamilton Ave. This Affidavit is requiredand should be signed, notarized by an authorized principalof the firmand submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Consultants/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of thesubmission of the Consultant's/bidder's proposal. Acceptable evidenceconsists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence ofenrollment in the E-Verify program may deem the Consultant/Bidder's proposal as non-responsive. Collier County will not intentionally awardCounty contracts to anyConsultant who knowinglyemploys unauthorized alien workers, constituting a violationof the employmentprovision contained in 8U.S.C. Section 1324 a(e) Section 274A(e)of theImmigration and Nationality Act("INA"). Collier County may consider the employment by any Consultant of unauthorizedaliens a violation of Section274A(e) of the INA. Such Violation by therecipient ofthe Employment Provisionscontained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests thatthey are fully compliant withall applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agreesto comply with theprovisions of the Memorandum of Understanding with E-Verify and toprovide proof of enrollment in TheEmployment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with theSocial SecurityAdministration at the time of submission of the Consultant's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. Print or Type Name) Type of Identification and Number) Notary PublicSignature Printed Name of Notary Public NotaryCommission Number/Expiration Thesigneeof this Affidavitguarantees, as evidenced by the sworn affidavitrequired herein,the truth and accuracy of this affidavitto interrogatories hereinafter made. RFP CCNA Template_01/01/2013 RFP_CCNATemplate 31 Packet Page -1798-Packet Page -353- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Coikr county Administrative Services Dvscn Purchasing Attachment 6: Consultant Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with theInternalRevenue Service regulations, Collier County is required to collect the following information for taxreportingpurposesfromindividuals and companies whodobusinesswiththe County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requirethat thecounty notify you in writing of the reason for collectingthisinformation, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return withyourquote or proposal. 1. General Information (provide all information) Taxpayer Name as shown on income tax return) Business Name if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. CompanyStatus(check only one) Individual/Sole Proprietor Corporation Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3)Enter the tax classification D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) Consultantswho do not have a TIN, will be required to provide a social security numberprior to an award of the contract.) 4. Sign and Date Form: Certification: Underpenalties of perjury, t certify thatthe information shown onthis form is correct to my knowledge. Signature Date Title Phone Number RFP CCNA Templaie_01/01/2013 RFP_CCNATemplate 32 Packet Page-1799-Packet Page -354- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Cofer County AdministrativeServices Division Purchasing Attachment 7: Insurance and BondingRequirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of FloridaStatutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability 1,000,000 singlelimit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Productsand Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Floridalaw, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees fromanyand all liabilities, damages, losses and costs, including, butnot limited to, reasonable attorneys'fees and paralegals'fees,to the extentcaused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. Thisindemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnifiedparty or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability 500,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. Other insurance as Watercraft Per Occurrence noted: United StatesLongshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Per Occurrence Maritime Coverage(Jones Act)shall be maintained where applicableto the completion of the work. Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than 5,000,000 each occurrence if applicable tothe completion of the Services under this Agreement. Per Occurrence Pollution Per Occurrence Professional Liability per claim and in the aggregate RFP CCNA Template_01/01/2013 RFP_CCNATemplate 33 Packet Page-1800-Packet Page -355- 5/12/2015 14.B.1. 10/8/2013 16.B.2. 1,000,000 per claim and in the aggregate 2,000,000 perclaim and in the aggregate Project Professional Liability Per Occurrence Valuable Papers Insurance Per Occurrence 6. Bid bond Shall be submitted withproposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shallbe madepayable to theCollier County Boardof County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal DepositInsurance Corporation. 7. Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount,the cost borne by the Proposerreceiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders ratingand Class V or higherrating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, allas reported in the mostcurrent BestKey Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, NewYork, New York 10038. 8. ® Consultant shall ensure that all subcontractors comply withthesame insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier Countymust be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial GeneralLiability whererequired. 10. ® The Certificate Holder shall be named as CollierCounty Board of County Commissioners, OR, Board of County Commissioners in CollierCounty, OR Collier County Government, OR Collier County. The Certificates of Insurancemuststatethe Contract Number, or ProjectNumber, or specificProject description, or must read: For any and all work performed on behalf of CollierCounty. 11. ® Thirty (30) Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurancerequirements of these specifications and thatthe evidence of insurability may be required within five (5) days of the awardof this solicitation. Name of Firm Date Consultant Signature Print Name Insurance Agency Agent Name Telephone Number RFP CCNA Template_01/01/2013 RFP_CCNATemplate 34 Packet Page-1801-Packet Page -356- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Coo,er County Administrative Services()vision Purchasing Attachment 8: Reference Questionnaire Solicitation: 13-6012 StreetscapeImprovements—Thomasson Drive & Hamilton Ave. ReferenceQuestionnaire for: Name of Company Requesting Reference Information) Name of Individuals Requesting Reference Information) Name: Company: Evaluator completing reference questionnaire) Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process thatcollects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of theCompany listed in the Subject above has listed you as a client for whichthey have previouslyperformedwork. Please completethesurvey. Please rate each criteria tothe best of your knowledge ona scaleof 1 to 10,with 10 representing that you were verysatisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item orform willbe scored"0." Project Description: Completion Date: ProjectBudget: Project Numberof Days: Item Citeria Score 1 Ability to manage the project costs (minimizechange orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Qualityof work. 4 Quality of consultative adviceprovided on theproject. 5 Professionalism and ability to managepersonnel. 6 Close out project process (final product turnover; invoices; manuals or going forwarddocumentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpectedproject circumstances. 9 Ability to followCounty policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in thefuture(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP CCNA Template_01/01/2013 RFP_CCNATemplate 35 Packet Page-1802-Packet Page -357- 5/12/2015 14.B.1. 10/8/2013 16.B.2. Packet Page-1803-Packet Page -358- 5/12/2015 14.B.1. 10/8/2013 16.B.2. FROM: STAPLES INC 315 WEA1,LEY RD NO POSTAGE CALEXICO GA 92231 PARCEL POST NECESSARY IF MAILED IN THE UNITED POSTAGE DUE COMPUTED BY DELIVERY UNIT STATES POSTAGE $ TOTAL POSTAGE AND FEES DUE $ MERCHANDISE RETURN LABEL PERrv1ITNO1 CALEXICO CA 92231 STAPLES CARTRIDGE RETURN 315 WEAKLEY RD limannalmmiomm IMIIINEMNINMEIN IONIMMINNOMMOMM POSTAGE WILL BE PAID BY ADDRESSEE POSTAGE DUE UNIT U S POSTALSERVICE PO BOX9998 CALEXICO CA 92231 Recycle your toner cartridge and help the environment! Its easyand FREE with Staples. Recycling empty toner cartridges with Staples is a great way to help the environment, and it'sa free service to you. Staples pays the postage when youuse this recycling label. Follow these easy steps: 1. Place yourempty toner cartridgewith packing materials into a box and tape it securely. 2. Print this postage paid label using the "Print" functionality of your browser. 3. Cut the label off at the center perforation line. 4. Attach the preformatted labelto the package and drop it in the US Mail. This program is neither sponsored nor endorsed by any original equipment manufacturer. Packet Page-1804-Packet Page -359- 5/12/2015 14.B.1. V"Leatt4 fie. .34Orw Fey Bayshore Gateway Triangle CRA•Bayshore Beautification MSTU Haldeman Creek MSTU BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCALADVISORY BOARD MINUTES OF THE FEBRUARY 4, 2014 MEETING The meeting of the Bayshore/GatewayTriangleCommunity RedevelopmentAdvisory Board was called to order by Steve Main 6:00 p.m. at the CRA OfficeMeeting Room 3570 Bayshore Drive, Unit 102. RollCall: Present: Advisory Board Members: LarryIngram, Steve Main, Maurice Gutierrez, Mike Sharman, Shane Shadis, PeterDvorak, Chuck Gunther. The following were excused absent: Karen Beatty. CRA Staff Present: Jean Jourdan, Interim Executive Director, Ashley Caserta, Project Manager, and Ekna Guevara, Operations Coordinator. II. Adoption of Agenda: Mr. Mainasked if anyone had any changes. Havingheard none he asked for a motion. Motion to approve the agenda made by: Peter Dvorak. 2nd by: Maurice Gutierrez. Approved: 7 - 0. III. Adoption of Minutes: Mr. Main asked for a motion toapprovetheJanuary 7, 2014 meeting minutes. Motion by: Larry Ingram. 2nd by: Shane Shadis. Approved 7 - 0. IV. CRA Project Updates. A. CRA's 17+ Acre Property: The Estimated Value is $3,000,000. Premiere Plus Realty Company was selected to market and sale the CRA's 17+ acres. The Exclusive Right ofSale and Listing Agreement was approved by the BCC on January 14th and the executed Agreement was forwarded to the realtor January 27th. Therealtor is currently obtaining an appraisal. B. Residential LotDevelopment. There are currently ten (10) newhouses under constructionwithin the Bayshore area. Fournew houses are proposed to start construction. Nian Financing willbegin construction on the fiveVan Buren lots in June. C. Calusa Breeze: Twenty four homes are proposed for construction within the Gateway area on Calusa Ave. D. CRA Residential Lots Advertisement: The BCC approved the saleof the property on January 14th and the property closed on January 24th E. FPL Lights on Andrew Drive: Lights have been installed at their locations. F. CirrusPoint n/k/a Solstice: At the December 19, 2013 PlanningCommission meeting the CCPC voted to forward to BCC with a recommendation of approval. The BCC hearing is scheduled February 11, 2014 BCC meeting. If approved, it will be go in effect in 30 days. Construction scheduled to commence thereafter. February 4, 2014 CRA-AB Minutes Page 1 Packet Page -360- 5/12/2015 14.B.1. G. Community Garden: Mr. Jeff S. Curl, ASLA CLARB, President of EmergeDesign LLC provided conceptualarchitectural renderings for the garden for submittal of the application to the Zoning Department. The church will be making additions to their building that are not garden related and have decided to submit the communitygarden as part ofthe sited development plan amendment for their improvements. H. Grant Application (Fire Suppression Upgrades): The CRA and City of Naples will submit a joint grant application in March/April. I. LDC Amendment: Amendments to theOverlay are in process to support more vivid colors and a change to the currentOverlay map to expand the GTMXD to northside of Davis Blvd changecolor from white to pink). In process. J..Annual Report and Newsletter: Staff in compilinginformation for theannualreport and newsletter for March presentation to the Board. The newsletter will be mailed toarea residents. MSTU Protect Updates: A. Landscape Update: Ground Zero performed scheduledlandscape maintenance in the Bayshore MSTU. Additionally, theyreplaced the dead palm with a maturetree. B. South Bayshore Update: At the January MSTU meeting, an area residentmentioned that South Bayshore needssomeattention. The MSTU AC noted that the topic should beona future agenda for discussion, withinput from the Naples Botanical Garden, AC member Carolyn Cochrane (at her discretion) and GroundZero. Staff has reached out to the Garden and has invited a member of their team to meet on site. Staff will report thefindings at a future meeting. Aaron fromGround Zeroreported thatthere hasbeen work in the S. Bayshore area. Members agreed to allowGround Zero to remediate thearea. We will then walk thearea and make an assessment of any other improvements that need to be made. C. Bayview & Lunar Update: The contractor, Quality Enterprises, was approved by the CRA Board on November 12, 2013. Next step: Staff held a pre-construction meeting with the contractor, engineer, CEI and County inspectors on January 21st. Construction is to begin March 3, 2014 on Bayview Drive and willbegin on May 19, 2014 on Lunar Street. Final • completion is September 28, 2014. D. Thomasson Drive Update: Staff was not able to negotiate an acceptable price for design services with Atkins and has begun negotiations with the next ranked firm: RWA. Staff has met with RWA and has discussed the challenges theproject faces and will continue to work with them to achieve a contract that is suitable for the MSTUand the consultant. E. Bayshore Pagoda Maintenance: The MSTU voted to have the pagoda pressure washed and repainted on the lastagenda. Staff has requested bids from local contractors to do the work. The following quote submittalswere obtainedfrom our local vendors. All quotes include: Pressure washing, Bleaching and Painting. Cover All, Inc. 695.00 Spectrum Contracting 2,267.00 Service Painting of FL too busy Cover All has performed the work. Requests for Payments: none February 4,2014 CRA-AB Minutes 2 Packet Page -361- 5/12/2015 14.B.1. V. New Business: A. C-BIG Grant Requests: There are three C-BIG grantrequests. They are: Jamba Juice requesting $20,000, The Real Macaw requesting $3,550and LTA, Associates requesting $3,500. After much discussion among members there was a motion. Motion to approveThe Real Macaw and LTA, Associates and request more information on Jamba Juice for the next CRA meeting made by: PeterDvorak. 2"d: Larry Ingram. Approved: 7— 0. B. Corporal Mike Nelson: Emergency calls statistics were provided. 2012 Total calls 4,125 2013 Total calls 3,690 He also announce the annual "Clean-Up" which will be held on February 8th between 8am to 12pm. C. FY14 Goals & Objectives: Thefollowing was discussed. Theme 1 Goal 1: Objective 1.2 was changed to "Sell our county owned 17 acres property". Strategy 1.2.1 stays withexceptionof thedatewhich was changed to 2016. Goal 1: Strategy 1.1.3 was removed. Goal 2: Objective 2.1 was changed to "Re-establish residential and commercial grants". Add: Goal 4: "Actively promote the CRA office as the Bayshore /Gateway informational and visitor center. Goal 4: Objective 1.1 "Inform and promote the redevelopment area". The other goalswill be continued to nextmonth's meeting. VI. Advisory Board General Communications: none, VII. Citizen Comments: none VIII. A 'ournmen .. Approved and rwarded by Steve Main, CRA-AB Chairman. February 4, 2014 CRA-AB Minutes 3 Packet Page -362- 5/12/2015 14.B.1. L J ( ri eveeitiwIty, , 736„ I bf-t 12 20f Bayshore Gatewa Triangle CRA•Ba shore Beautification N YVtIL'' Y Y 6 Y Ilaldeman Creek MSTU BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE NOVEMBER 4, 2014MEETING The meeting of the Bayshore/GatewayTriangleCommunity Redevelopment Advisory Board was called to order by Steve Main 6:00 p.m. at the CRAOfficeMeeting Room3570 Bayshore Drive, Unit 102. I.Roll Call: Present: Advisory Board Members: Steve Main, Maurice Gutierrez, Mike Sherman, Chuck Gunther(late), Karen Beatty, Shane Shadis, Peter Dvorak, and Larry Ingram. CRA Staff Present: Jean Jourdan, CRA Operations Manager, Ashley Caserta, Project Manager, andEkna Hue, Operations Coordinator. II. Adoption of Agenda: Motion to approve the agenda made by: Peter Dvorak. 2nd by: Maurice Gutierrez. Approved: 7-0. III. Adoptionof Minutes: Mr. Main asked for a motion to approve the October 7, 2014 meeting minutes. The following are requested amendments; IV.B.1. remove everything after the first sentence. And IV.B.2. Should read "Construction is complete on both Bayview Drive and Lunar Street. Finalcompletion was September 28,2014. A final completion walk-through was done with MSTU staff, the contractor, CEI and designer on October 2,2014."Motion to approve minutes as amended made by: Maurice Gutierrez. 2nd : Peter Dvorak. LarryIngram abstained. Approved: 6-0. IV. A. CRA Project Updates. 17+ Acre Property: The Estimated Value is $3,000,000. Premiere Plus RealtyCompany was selected to market and sale the CRA's 17+ acres. Staff has a scheduled meeting to discussthe property and what can be built. 2. Gateway Triangle Properties: FortinoConstruction presented their conceptual design for this property. The following list includes the development features: 7) seven storyhotel 15,000 to 20,000 sq.ft. of retail space Rooftop restaurant A residential building that will have a pool and tiki bar on the roof with about190units Event space in the hotel On October 28, 2014, the BCC voted on the sale of this project and denied it dueto the language in the agreement. Staff is working onthe agreement and will be presenting this to the BCC on November 18, 2014. 3. Residential Lot Development. The builder has applied for permits and is waiting on those to break ground. Page 1 Packet Page -363- 5/12/2015 14.B.1. 4. Calusa Breeze: The permits for this project have been approved. Construction will begin in 3 weeks. 5. CRA Residential Lots Advertisement: Love Legacy will begin construction for the residential houses on Lunar once permits are approved. 6. Solstice f/k/a Cirrus Point: The project will be moving forward per the developer. They will resubmit and go through a comprehensive plan amendment to request a density bonus. These will be market rate housing. 7. Community Garden: Mr. Jeff S. Curl, ASLA CLARB, President of Emerge Design LLC provided conceptual architectural renderings for the garden for submittal of the application to the Zoning Department. Thechurch has hired and architect and engineer and continuing to move forward. 8. The Garden School: Kathy Khatib "Still working on the schoolredesign, finding ways to bring down the costs. Want to make sure the school will work at all levels, including financially 10/2/14). 9. DRI Grants Application (APPROVED): Karen Drive and Pineland Avenue stormwater improvement projects: In-office work for the Karen Drive StormwaterImprovement Project grantfunded in the amount of$154,120) and the Pineland AvenueStormwaterImprovement Project (grant funded in the amount of $56,570) has begun. We are currently working on the design phase of the project at this time. Actual trucks and boots on the ground will take maybe 2 months. 10. Becca Avenue Lot Sale: The Purchase Agreement has been forwarded to the County Attorney's Office for review. Staff is working with the County Attorney's Office. 11. Lakeview Speed Hump: Staff has been communicating with a resident who is working on obtaining the signatures for the petition. B. MSTU Project Updates: 1. Landscape Update: Affordable Landscaping has been maintaining the area and correcting all the irrigation issues throughout Bayshore Drive. 2. Bayview & Lunar Update: The streetscaping for these streets has been completed. 3. Thomasson Drive / Hamilton Avenue: RWA presented a conceptualdesign for this project in the MSTU meeting. There is an exhibit in theoffice for viewing. RWA will be presenting again next monthwhich will present more options. 4. KarenDrive & Pineland StormwaterImprovements: We are currently working onthe design phase of the project at this time. Requests for Payments: Motion to pay all bills made by: Steve Main. 2nd by: Karen Beatty. Approved: 8-0. V. Old Business: None VI. New Business: Page 2 Packet Page -364- 5/12/2015 14.B.1. A. Becca & Francis Ave Lots: Staff met with stormwater staff which announced they will be focusing in our area. The Francis property was purchased for stormwater issues originally therefore that willbe the use for it. Members were requested to create a list of priorities be e-mailed to staff to present to the stormwater department in consideration for the exchange of the Becca lot. Keeping in mindLindwood and Lakeview speed hump requests. Staff will collect and presenttherequests at the next meeting. VII. Advisory Board General Communications: Mike Sherman requested we include the, now named, RegattaLanding project which includes the building of 64homes as partof the CRA Updates VIII. Citizen Comments: Mike Nelson fromthe Sheriff's officepresented the Bayshore area crime statisticswhich showed a lower number from last year, over 1,000less in one year. Vern a resident of Fredrick's Street, which is nearthe RaceTrac project, gave an update on the project and was looking for a confirmation that theCRA was still in support of funding the mail out. The developer has to apply for a waiver approvalwhich will go before the BCC. V. Adjournment: Meeting adjourned at 7:20pm Approved by Steve Main, CRA-AB Chairman. Page 3 Packet Page -365- 5/12/2015 14.B.1. BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE MINUTES OF THE DEC EMBER 2, 2014 MEETING The meeting of the Bayshore Beautification MSTU Advisory Committee was called to order by Chairman Maurice Gutierrez at 5:00p.m. at the MSTU Office 3570 Bayshore Drive, Unit 102. I. Roll Call : Present: Advisory Committee Members: Maurice Gutierrez (Chairman), Victoria. Nicklos, Sheila Dugan, Sandra Arafet, Gerry Buck , Carolyn Cochrane and Robert Mesmer . MSTU Staff Present : Ashley Caserta (MSTU Project Manager), Jean Jourdan (CRA Operations Manager ) and Ekna Hue (Operations Coordinator). II. Adoption of Agenda: Mr. Gutierrez asked for the adoption of the agenda. Motion to approve the agenda made by: Sandra Arafet . 2 nd : Sheila Dugan . Approved: 7-0. III. Approval of Minutes: Mr. Gutierrez asked for approval of the minutes for the Nov ember 4, 2014 meeting, with the e xception of one change to the Landscape Report (vote was 6-1, Sheila Dugan dissented) motion m ade by : Gerry Buck . 2nd: Victoria Nicklos . Approved: 7-0. IV. Projects Report : A . MSTU Update 1. 1. Landscape Update: Affordable Landscaping has been maintaining the area and has been working with County Irrigation maintenance expert Roger Dick to make some repairs to the system. a. Al has ordered and received the new palms that need to be replaced. They will be planted onc e a repair is made to the irrigation system. b. There were several major breaks in the irrigation lines this month when a contractor to FPL was replacing the FPL poles and dug through the lines. The contractor, Pike, has made repairs to the lines. c. The oak trees along Bayshore need to be trimmed. We have requested quotes from several companies and we received two quotes and a few non -bids. Vote required: Recommendation to have Affordable Landscaping trim the trees according to ROW standards. Motion to approve the expenditure of funds to maintain the trees through Affordable Landscaping made by Gerry Buck. 2 nd : Sandra Arafet. 7-0. d. There was some discussion regarding replacing plants on Bayshore Drive and approaching the Naples Botanical Garden for assistance. S taff noted that in a few months, more information regarding construction costs for Thomasson will be received and this could be considered as another project at that time. 2. Karen Drive and Pineland Avenue stormwater improvement projects: In -office work for the Karen Drive Stormwater Improvement Project (grant funded in the amount of $154,120) and the Pineland Avenue Stormwater Improvement Project (grant funded in the amount of $56,570) has begun. The funds have been received and the first step is to obtain an environmental review that is a Offices: 3570 Bayshore Drive Unit 102 Naples, Florida 34112 Phone: 239 -643 -1115 Online: www.BGTCRA.com Packet Page -366- 5/12/2015 14.B.1. re quirement of the grant. The project must be completed by June 2015. Actual trucks and boots on the ground will take 2-3 months. 3.Thomasson Drive / Hamilton Avenue: This project was discussed under New Business . V. Old Business A. Request for Payment of Services: Motion to make payment made by: Victoria Nicklos . 2nd: Carolyn Cochrane . Approved: 7-0. V. New Business A. Thomasson Drive / Hamilton Avenue Streetscape Project Update with RWA : Chris Wright and Barry Jone s with consultant RWA were present at the meeting. They presented three section drawings, each with four options to be considered for the project design. The options proposed different locations for the bike lanes, curb types and sidewalk widths. RWA’s Option 1 was selected as the primary option that the committee w ould like t o focus on based on the l ocation of t he bi ke l ane b eing a long t he edge of t he road and painted green. RWA not ed that t his i s t he m ost c ost e ffective option and that t he D esign Criteria Report w ill be more s pecific i n regards t o cost. Even more de tail on probable c onstruction cost w ill be a vailable onc e t he 60% pl ans a re drawn. Ca rolyn Cochrane mentioned an issue with school traffic at Avalon Elementary School at peak times. Vehicular traffic is not accommodated for within the Avalon School parking lot and stops traffic along Thomasson. The issue will be addressed in the Design Criteria Report for further discussion at a later date. Robe rt Messmer noted that he is not in favor of any d esign that places bicycle traffic directly along the street next to vehicular traffic. Mot ion to select RWA’s Option 1 made by Carolyn Cochrane. 2 nd by: Gerry Buck. Vote was 6 -1 with Robert Messmer dissenting. VI I.Committee Communications : Next meeting will be Tuesday, January 6, 2015 at 5pm. VIII .Public Comments : None. IX.Adjournment The meeting adjourned at 6:00pm ____________________________________ A pproved by Maurice Gutierrez, MSTU Advisory Committee Chairman Offices: 3570 Bayshore Drive Unit 102 Naples, Florida 34112 Phone: 239 -643 -1115 Online: www.BGTCRA.com Packet Page -367- 5/12/2015 14.B.1. 64,e/14.1.4,1t7, ?iYl. 3e0 0 rti, r . . BayshoreGateway Triangle CRA•Bayshore Beautification MSTU Haldeman Creek MSTU BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE JANUARY 6, 2015 MEETING Themeeting of the Bayshore/Gateway Triangle CommunityRedevelopment Advisory Board was called to order by Steve Main 6:00 p.m. at the CRAOfficeMeeting Room 3570 Bayshore Drive, Unit 102. RollCall: Present: Advisory Board Members: Steve Main, Maurice Gutierrez, Mike Sherman, Karen Beatty, Peter Dvorak, Chuck Gunther. Larry Ingram was excused. The following wereabsent: ShaneShadis. CRA StaffPresent: Jean Jourdan, CRA Operations Manager, Ashley Caserta, Project Manager, and Ekna Hue, Operations Coordinator. II. Adoption of Agenda: Motion to approve the agenda made by: Peter Dvorak. 2nd by: Maurice Gutierrez. Approved: 6-0. III. Adoption of Minutes: Mr. Main asked for a motionto approvetheDecember 2, 2014 meeting minutes. Motion to approveminutes as amended made by: Maurice Gutierrez. 2nd : Mike Sherman. Approved: 6-0. IV. A. Speakers / Presentations 1. Commissioner Penny Taylor: As you are aware, the RedevelopmentPlan is long overdue to be updated,but due to our financial constraints with the loan we have not had the funding to do so. Background and Summary of Project and tasks Completed($5,000) Report on existing conditions in the CRA(Est. $25,000 for both Financial Feasibility and Market Analyses) Feasibility Study Estimates of future CRA Increment Revenue Availability of future CRA funds for identified projects and programs MarketAnalysis (What is the best range of uses for redevelopment both in Bayshore and the Triangle Draft New Redevelopment Goals, Objectives, and Policies ($12,000) Workshops (2 before Advisory Board and 1 before BCC: ($6,500) Final Draft Report($6,500) Hearings (CCPC and BCC): ($5,500) Estimated CRA Plan Update Cost Range: $60,000- $80,000. Commissioner Taylor asked if thisadvisory board is open to have speakers, such as developers, come to our meetings throughout the year. Members agreedon this suggestion. The advisory board requested someone who may have figures such as the turtles or alligators toplace down Bayshore Drive. Page 1 Packet Page -368- 5/12/2015 14.B.1. 2. Communication regarding Cirrus Point a/k/a Soltice: We have re-submitted the PUD amendment and small scale plan amendment for Soltice to County staff. We amendedthe application that was previously moving through the process toadd provisions for senior housing. We will need to hold another neighborhood information meeting due to the proposed revisions.Wayne Arnold made a presentation for Soltice.The information included: 10 acres project which will house either 200 senior housing Assisted Living units for ages 55+ at market rate or 108 residential multi-family house units with a minimum of 1,200sq. ft. for live in only, no rentals. Motion to agree on this developers idea as presented for senior housing made by: Mike Sherman. 2nd by: Steve Main. Approved: 6-0. B. CRAProject Updates 1. CRA's 17 Acres Property: Continues to be advertised for sale. 2. Gateway Triangle Properties: Possible buyer is in 150 day inspection period. 3. Residential Lot Development (NIAN): These lots need to startthe application process no later than March 26, 2015. Most of these lots have been conveyed to other entities. Thecounty Attorney's office will be contacting the owners to advise of the deadline, otherwise, the county will be considering taking backtheseproperties. 4. Breeze of Calusa: Construction will begin this month. 5. CRA ResidentialLots Advertisement: Love Legacy has submitted permits for two (2) buildings which havebeen rejected and are currently working on corrections. 6. Solstice f/k/a Cirrus Point: Presentation on today's meeting. 7. Community Garden: Mr. Jeff S. Curl, President of EmergeDesign LLC provided conceptual architectural renderings for submittal of the application to the Zoning Department. The church has hiredand architect and engineer and continuing to move forward. 8. The Garden School: Kathy Khatibstill working on the schoolredesign, finding ways to bring down the costs. Wants to make sure the school will work at all levels, including financially. 9. DRI Grants Application (APPROVED): Karen Drive and PinelandAvenue stormwater improvement projects: In-office work for the Karen Drive Stormwater Improvement Project grant funded in the amount of $154,120) and the Pineland Avenue Stormwater Improvement Project (grant funded in the amount of $56,570) has begun. We are currently working on the design phase. Actual trucks and boots on the ground will be in next month. 10. Regatta Landing: Are currently being constructed. 11. Haldeman's Boat Dock: No new application yet. 12. RaceTrac: No new application has been submitted as of yet. 13. Becca Ave: The Stormwater Department is willing to match the offer wereceivedfrom the Shelter for Abused Women for this property. Staff is preparing an ExecutiveSummary to take this issue to theBCC on their next meeting. Page 2 Packet Page -369- 5/12/2015 14.B.1. 14. AnnualReport: Thisannualreport is due to the BCC on March 3.2015. Staff is beginning to work on this task and requested inputfrom the advisory board. Theadvisory board agreed to have the report printed andmail out to all residents as we have in thepast. Motion to asktheMSTU BeautificationAdvisory Board to help pay for the annualreportmade by: PeterDvorak. 2nd by: Maurice Gutierrez. Approved: 6-0. Note: The advisory boards joinworkshop is schedule for April 7, 2015. B. MSTU Project Updates: 1. Landscape: Affordable Landscape has been maintainingeverything and are currently trimming the tree's in theRight of Way down Bayshore Drive. 2. Thomasson Drive / HamiltonAvenue: The MSTU is in the design phase andlooked at four different sections to consider whichincluded differentlocations for thebike lanes. They voted to continue thelook which is already in placedown Bayshore to keep consistency. This includes the green bike lanes and a shared usepath on both sides of the street. More details will be forthcoming in thenextmeetings. 3. Side Streets: This topic was just a discussion itemas there is no money for thenext few years. 4. Capital Improvement Plan: This will be lookedat in the coming months and will include a possible boundary expansiontowards the East of Thomasson Drive. Requests for Payments: Motionto pay all bills including property taxes but hold back on payment of the mail out made by: Peter Dvorak. 2nd by: Karen Beatty. Approved: 7-0. V. Old Business: None VI. New Business: Naples Auto Donation Center has requested to utilizethe CRA's property in the Triangle area as a car storage until we sell our property. Motion to allow Naples AutoDonation Center to store/park their donated vehicles on CRA property made by: Maurice Gutierrez. 2"d by: Karen Beatty. Approved: 6-0. VII. Advisory Board General Communications: VIII. Citizen Comments: Mike Nelson from the Sheriff's office announcedthat the Bayshore Area was the recipient ofthe Anthony SutinCivic Imagination Award. IX. Adjournment: Approved by SteveMain, CRA-AB Chairman. Page 3 Packet Page -370- 5/12/2015 14.B.1.