Backup Documents 01/11/2011 Item #16A 516A 5
MEMORANDUM
Date: January 20, 2011
To: Rhonda Cummings, Purchasing
Contract Specialist
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Contract #10 -5483: "Master Mobility Plan — Phase 2"
Contractor: Tindale - Oliver & Associates, Inc.
Enclosed is one (1) original contract, referenced above (Agenda Item
#16A5), approved by the Board of County Commissioners on Tuesday,
January 11, 2011.
An original contract was kept in the Minutes and Records
Department as part of the Board's Official Record.
If you should have any questions, please contact me at 252 -7240.
Thank you.
Enclosure (1)
16A 5
Purchasing Departm6l,i�`.) � n) i1
{�7 t
Naples, Tamiami 341 East
Naples, Florida 34112
�" ��°'" �"'°°" Telephone: (239) 204 I39�1y1(.� ( 3 F 9
Administrative Services DvIsion ' :
Purchasing FAX: (239) 252 -600 `
Email: RhondaCummings @colliergov.net
www.colliergov.net
b � ���
r
( a1 DATE RECEIVED: v e Yl
FILE NO.: {�
ITEM NO.: �/
ROUTED TO: ( I
DO NOT WRITE ABOVE THIS LINE (,
Request for Legal Services
Date: 1/11/11
To: Jeff Klatzkow
County Attorney's Office
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Re: Solicitation # 10 -5483 "Master Mobility Plan- -Phase Two"
Contractor: Tindale- Oliver & Associates, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 11, 2011; Agenda Item 16.A.5.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions concerning the document,
please contact me at the telephone number or email address above. Purchasing would appreciate
notification when the documents exit your office.
C: Debbie Armstrong, Land Development Services
G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewofl nsurance4 /15/2010 /16/09
Aver county
Admistratirve Services Nision
Purchasing
Memorandum
16A "'5
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252 -8941
FAX: (239) 252-6700
Email: RhondaCummings @colliergov.net
wwwcollergov.net/purchasing
Subject: Solicitation # 10 -5483 "Master Mobility Plan- -Phase Two" IlI
Date: 1/11/11
J
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist t' y�d,
To: Ray Carter, Risk Manager X
This Contract was approved by the BCC on January 11, 2011; Agenda Item 16.A.5.
The County is in the process of executing this contract with Tindale- Oliver & Associates, Inc. The insurance
requirements begin on page D -1.
Please review the Insurance Certificate(s) for the referenced Contract.
• ff the insurance is not in order please contact the vendor /insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
If the insurance is in order please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
Insura 1' ov d By:
Risk ment ignature Da e
WE NWVW
C: Debbie Armstrong, Land Development Services JAN 12 2011
RM
(Please route to County Attorney via attached Request for Legal Services)
G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewofl nsu rance4115/2010/16109
16A 5
MausenGeorgina
From:
CarterRaymond
Sent:
Thursday, January 13, 2011 11:39 AM
To:
CummingsRhonda
Cc:
MausenGeorgina; HerreraSandra; ArmstrongDebbie
Subject:
Contract 10 -5483 "Master Mobility Plan- -Phase Two"
All, I have approved the certificate of insurance provided by Tindale- Oliver & Associates, Inc for contract 10 -5483. The
contract will now be forwarded to the county attorney's office for their review.
Thank you,
Ray
L a, a
Manager Risk Finance
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Office 239 - 252 -8839
Mobile 239 -821 -9370
Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
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Detail by Entity Name
Florida Profit Corporation
TINDALE - OLIVER & ASSOCIATES, INC. /
Filing Information
Document Number
K58299
FEI /EIN Number
592929811
Date Filed
01/13/1989
State
FL
Status
ACTIVE
Last Event
AMENDMENT
Event Date Filed 09/26/1991
Event Effective Date NONE
Principal Address
1000 N. ASHLEY DR.
SUITE 100
TAMPA FL 33602 US
Changed 03/01/2000
Mailing Address
1000 N. ASHLEY DR.
SUITE 100
TAMPA FL 33602 US
Changed 03/01/2000
Registered Agent Name & Address
TINDALE, STEVEN A
1000 N. ASHLEY DRIVE J
SUITE 100 �v /J
TAMPA FL 33602 US
Name Changed: 01/04/2005
Address Changed: 01 /25/2001
Officer /Director Detail
Name & Address
Title DPS
TINDALE, STEVEN A
664 RIVIERA DR
TAMPA FL 33606
Title DVT
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16A 5
OLIVER, WILLIAM E
2606 MORRISON AVE
TAMPA FL 33629
Title V
WALLACE, ROBERT P
8791 COCO PLUM PLACE
ORLANDO FL 32827
Title D
BALL, WILLIAM L
9328 WELLINGTON PARK CIRCLE
TAMPA FL 33647
Title D
LATKOVIC, DONALD D
5827 SUNSET FALLS DRIVE
APOLLO BEACH FL 33572
Annual Reports
Report Year Filed Date
2008 01/05/2008
2009 01/26/2009
2010 01/14/2010
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01/29/1997 — ANNUAL REPORT
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16A
RLS #
CHECKLIST FOR REVIEWING CONTRACTS
Entity Nam; s (��A le - l\ l.\ l.� `X67_ .IC�TL:S 1--4 —`
Entity name correct on contract?
Entity registered with FL Sec. of State?
Insurance
Insurance Certificate attached'?
Insured registered in Florida?
Contract # & /or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability \
General Aggregate Required $_ \"\
Products /Compl /Op Required $
Personal & Advert Required $
Each Occurrence Required $
Fire /Prop Damage Required $_.p Il_
Automobile Liability
Bodily Inj & Prop Required $
Workers Compensation
Each accident Required $ A n
Disease Aggregate Required $
Disease Each Empl Required $ t t 1
Umbrella Liability
V Ycs No
'Yes
es No
s No
_ es No
_Yes No
Provided $ A\
Provided $ •� ' '__
Provided $
Provided $ t • t
Provided
Provided$
Provided
Provided $_ 11
Provided $.
Each Occurrence Provided $
Aggregate Provided $ I,
Does Umbrella sufficiently cover any underinsured portiw
lL' b'I-
Exp. Date _ L l
Exp. Date
Exp. Date I l
Exp. Date
Exp. Date
Exp Date oL I Ci!�1
Exp Date _� t
Exp Date t
Exp Date _.
Exp Date
Exp Date _�t i t
Yes No
Professtona rn r rty
Each Occurrence Required s Provided $ rr:,i Exp. Date () 1 1
Per Aggregate Required $ _ u t _ Provided $ Exp. Date _.. I i ,
Other Insurance
Each Occur Type: _ Required $_ — _ Provided $__ _ Exp Date
County required to be named as additional insured?
County named as additional insured?
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond _
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses /notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
VS _No
es No
i/ Yes No
_ _ Yes �No
Yes No
Yes No
Yes No
Yes
_ No
Yes
No
Yes
__No
_
'Yes
No
I
5
Y No
es No
_Yes _No
_Yes No
Reviewer Initials �I D
Date:
04-COA-010 222
16A 5
Contract #10 -5483
Master Mobility Plan Phase Two
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this t i day of 2011,
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and
Tindale- Oliver & Associates, Inc, authorized to do business in the State of Florida, whose
business address is 1000 North Ashley Drive, Suite 100, Tampa, Florida 33602 (hereinafter
referred to as the "CONSULTANT').
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Planning Consulting
services of the CONSULTANT concerning Master Mobility Plan Phase Two (hereinafter
referred to as the 'Project'), said services being more fully described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services,
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
16A 5
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Planning Consulting services in
all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A, and Exhibits A and B. The total
compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in
Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and
incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Steven A. Tindale, P.E., AICP, a qualified licensed
professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
"Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf
of the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
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to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including the Florida Building Code where
applicable, which regulate or have jurisdiction over the Project or the services to be provided
and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S
approval of the design documents in no way relieves CONSULTANT of its obligation to deliver
complete and accurate documents necessary for successful construction of the Project.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
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common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
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2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager "). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
l6A 5
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
8
16A 5
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
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deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
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16A "' 5
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
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9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self- insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self- insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must state: For any and all work
performed on behalf of Collier County.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
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ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule E is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule E. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule E. All personnel, subconsultants and subcontractors identified in Schedule E shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
13
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor fo
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
14
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
15
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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ARTICLE THIRTEEN
CONFLICT OF INTEREST
13.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FOURTEEN
MODIFICATION
14.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE FIFTEEN
NOTICES AND ADDRESS OF RECORD
15.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Stephen Y. Carnell, Purchasing /General Services Director
Fax: 239 - 732 -0844
15.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
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Tindale- Oliver & Associates, Inc.
1000 North Ashley Drive, Suite 100, Tampa, FL 33602
(813) 224 -8862 Phone; (813) 226 -2100 Fax
Attn: Steven A. Tindale, P.E. AICP:
15.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SIXTEEN
MISCELLANEOUS
16.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
16.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
16.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
16.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
16.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
16.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
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herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
16.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
16.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
16.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
ARTICLE SEVENTEEN
APPLICABLE LAW
17.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
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ARTICLE EIGHTEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
18.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
18.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE NINETEEN
DISPUTE RESOLUTION
19.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
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16 A "05
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision- making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
19.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE TWENTY
IMMIGRATION LAW COMPLIANCE
20.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
sea. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for RFP #10 -5483 Master Mobility Plan Phase Two the day and year first written
above.
ATTEST:
Dwight E. 8roc Cterl
By:
Date. 170N 20,'
Attest to to `tira" I
4tipn4ture onto
Appr as to fo and
le I su i`sje %nc ,/
a T/ i/ �.c.� ✓l
Deputy County Attorney
A'�w/,J L Smite
Typed Name
100""-k- '�
Witness
Typed Name
22
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Fred W. Coyle Chairman
Tindale- Oliver & Associates, Inc.
f.,
By�lr'
St6)/,,./ 4. I �d��4(E f •
Typed Name and Title
16A 5
EXHIBIT A — HOMELAND SECURITY PRESIDENTAL DIRECTIVE - 7
Homeland Security Presidential Directive -7
December 17, 2003
SUBJECT: Critical Infrastructure Identification, Prioritization, and Protection
Purpose
1. This directive establishes a national policy for Federal departments and agencies to identify and
prioritize United States critical infrastructure and key resources and to protect them from terrorist
attacks.
Background
2. Terrorists seek to destroy, incapacitate, or exploit critical infrastructure and key resources across
the United States to threaten national security, cause mass casualties, weaken our economy, and
damage public morale and confidence.
3. America's open and technologically complex society includes a wide array of critical infrastructure
and key resources that are potential terrorist targets. The majority of these are owned and
operated by the private sector and State or local governments. These critical infrastructures and
key resources are both physical and cyber -based and span all sectors of the economy.
4. Critical infrastructure and key resources provide the essential services that underpin American
society. The Nation possesses numerous key resources, whose exploitation or destruction by
terrorists could cause catastrophic health effects or mass casualties comparable to those from
the use of a weapon of mass destruction, or could profoundly affect our national prestige and
morale. In addition, there is critical infrastructure so vital that its incapacitation, exploitation, or
destruction, through terrorist attack, could have a debilitating effect on security and economic
well- being.
5. While it is not possible to protect or eliminate the vulnerability of all critical infrastructure and key
resources throughout the country, strategic improvements in security can make it more difficult for
attacks to succeed and can lessen the impact of attacks that may occur. In addition to strategic
security enhancements, tactical security improvements can be rapidly implemented to deter,
mitigate, or neutralize potential attacks.
Definitions
In this directive:
a. The term "critical infrastructure" has the meaning given to that term in section 1016(e) of
the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)).
b. The term "key resources" has the meaning given that term in section 2(9) of the
Homeland Security Act of 2002 (6 U.S.C. 101(9)).
c. The term "the Department" means the Department of Homeland Security.
d. The term "Federal departments and agencies" means those executive departments
enumerated in 5 U.S.C. 101, and the Department of Homeland Security, independent
establishments as defined by 5 U.S.C. 104(1);Government corporations as defined by 5
U.S.C. 103(1); and the United States Postal Service.
e. The terms "State," and "local government," when used in a geographical sense, have the
same meanings given to those terms in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
f. The term "the Secretary" means the Secretary of Homeland Security.
g. The term "Sector- Specific Agency" means a Federal department or agency responsible
for infrastructure protection activities in a designated critical infrastructure sector or key
resources category. Sector- Specific Agencies will conduct their activities under this
directive in accordance with guidance provided by the Secretary.
h. The terms "protect" and "secure" mean reducing the vulnerability of critical infrastructure
or key resources in order to deter, mitigate, or neutralize terrorist attacks.
Policy
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16 A ' .5
7. It is the policy of the United States to enhance the protection of our Nation's critical infrastructure
and key resources against terrorist acts that could:
a. cause catastrophic health effects or mass casualties comparable to those from the use of
a weapon of mass destruction;
b. impair Federal departments and agencies' abilities to perform essential missions, or to
ensure the public's health and safety;
c. undermine State and local government capacities to maintain order and to deliver
minimum essential public services;
d. damage the private sector's capability to ensure the orderly functioning of the economy
and delivery of essential services;
e. have a negative effect on the economy through the cascading disruption of other critical
infrastructure and key resources; or
f. undermine the public's morale and confidence in our national economic and political
institutions.
8. Federal departments and agencies will identify, prioritize, and coordinate the protection of critical
infrastructure and key resources in order to prevent, deter, and mitigate the effects of deliberate
efforts to destroy, incapacitate, or exploit them. Federal departments and agencies will work with
State and local governments and the private sector to accomplish this objective.
9. Federal departments and agencies will ensure that homeland security programs do not diminish
the overall economic security of the United States.
10. Federal departments and agencies will appropriately protect information associated with carrying
out this directive, including handling voluntarily provided information and information that would
facilitate terrorist targeting of critical infrastructure and key resources consistent with the
Homeland Security Act of 2002 and other applicable legal authorities.
11. Federal departments and agencies shall implement this directive in a manner consistent with
applicable provisions of law, including those protecting the rights of United States persons.
Roles and Responsibilities of the Secretary
12. In carrying out the functions assigned in the Homeland Security Act of 2002, the Secretary shall
be responsible for coordinating the overall national effort to enhance the protection of the critical
infrastructure and key resources of the United States. The Secretary shall serve as the principal
Federal official to lead, integrate, and coordinate implementation of efforts among Federal
departments and agencies, State and local governments, and the private sector to protect critical
infrastructure and key resources.
13. Consistent with this directive, the Secretary will identify, prioritize, and coordinate the protection of
critical infrastructure and key resources with an emphasis on critical infrastructure and key
resources that could be exploited to cause catastrophic health effects or mass casualties
comparable to those from the use of a weapon of mass destruction.
14. The Secretary will establish uniform policies, approaches, guidelines, and methodologies for
integrating Federal infrastructure protection and risk management activities within and across
sectors along with metrics and criteria for related programs and activities.
15. The Secretary shall coordinate protection activities for each of the following critical infrastructure
sectors: information technology; telecommunications; chemical; transportation systems, including
mass transit, aviation, maritime, ground /surface, and rail and pipeline systems, emergency
services; and postal and shipping. The Department shall coordinate with appropriate departments
and agencies to ensure the protection of other key resources including dams, government
facilities, and commercial facilities. In addition, in its role as overall cross - sector coordinator, the
Department shall also evaluate the need for and coordinate the coverage of additional critical
infrastructure and key resources categories over time, as appropriate.
16. The Secretary will continue to maintain an organization to serve as a focal point for the security of
cyberspace. The organization will facilitate interactions and collaborations between and among
Federal departments and agencies, State and local governments, the private sector, academia
and international organizations. To the extent permitted by law, Federal departments and
agencies with cyber expertise, including but not limited to the Departments of Justice, Commerce,
the Treasury, Defense, Energy, and State, and the Central Intelligence Agency, will collaborate
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16A
with and support the organization in accomplishing its mission. The organization's mission
includes analysis, warning, information sharing, vulnerability reduction, mitigation, and aiding
national recovery efforts for critical infrastructure information systems. The organization will
support the Department of Justice and other law enforcement agencies in their continuing
missions to investigate and prosecute threats to and attacks against cyberspace, to the extent
permitted by law.
17. The Secretary will work closely with other Federal departments and agencies, State and local
governments, and the private sector in accomplishing the objectives of this directive.
Roles and Responsibilities of Sector - Specific Federal Agencies
18. Recognizing that each infrastructure sector possesses its own unique characteristics and
operating models, there are designated Sector - Specific Agencies, including:
a. Department of Agriculture -- agriculture, food (meat, poultry, egg products);
b. Health and Human Services -- public health, healthcare, and food (other than meat,
poultry, egg products);
c. Environmental Protection Agency -- drinking water and water treatment systems;
d. Department of Energy -- energy, including the production refining, storage, and
distribution of oil and gas, and electric power except for commercial nuclear power
facilities;
e. Department of the Treasury -- banking and finance;
f. Department of the Interior -- national monuments and icons; and
g. Department of Defense -- defense industrial base.
19. In accordance with guidance provided by the Secretary, Sector - Specific Agencies shall:
a. collaborate with all relevant Federal departments and agencies, State and local
governments, and the private sector, including with key persons and entities in their
infrastructure sector;
b. conduct or facilitate vulnerability assessments of the sector; and
c. encourage risk management strategies to protect against and mitigate the effects of
attacks against critical infrastructure and key resources.
20. Nothing in this directive alters, or impedes the ability to carry out, the authorities of the Federal
departments and agencies to perform their responsibilities under law and consistent with
applicable legal authorities and presidential guidance.
21. Federal departments and agencies shall cooperate with the Department in implementing this
directive, consistent with the Homeland Security Act of 2002 and other applicable legal
authorities.
Roles and Responsibilities of Other Departments, Agencies, and Offices
22. In addition to the responsibilities given the Department and Sector - Specific Agencies, there are
special functions of various Federal departments and agencies and components of the Executive
Office of the President related to critical infrastructure and key resources protection.
a. The Department of State, in conjunction with the Department, and the Departments of
Justice, Commerce, Defense, the Treasury and other appropriate agencies, will work with
foreign countries and international organizations to strengthen the protection of United
States critical infrastructure and key resources.
b. The Department of Justice, including the Federal Bureau of Investigation, will reduce
domestic terrorist threats, and investigate and prosecute actual or attempted terrorist
attacks on, sabotage of, or disruptions of critical infrastructure and key resources. The
Attorney General and the Secretary shall use applicable statutory authority and attendant
mechanisms for cooperation and coordination, including but not limited to those
established by presidential directive.
c. The Department of Commerce, in coordination with the Department, will work with private
sector, research, academic, and government organizations to improve technology for
cyber systems and promote other critical infrastructure efforts, including using its authority
under the Defense Production Act to assure the timely availability of industrial products,
materials, and services to meet homeland security requirements.
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d. A Critical Infrastructure Protection Policy Coordinating Committee will advise the
Homeland Security Council on interagency policy related to physical and cyber
infrastructure protection. This PCC will be chaired by a Federal officer or employee
designated by the Assistant to the President for Homeland Security.
e. The Office of Science and Technology Policy, in coordination with the Department, will
coordinate interagency research and development to enhance the protection of critical
infrastructure and key resources.
f. The Office of Management and Budget (OMB) shall oversee the implementation of
government -wide policies, principles, standards, and guidelines for Federal government
computer security programs. The Director of OMB will ensure the operation of a central
Federal information security incident center consistent with the requirements of the
Federal Information Security Management Act of 2002.
g. Consistent with the E- Government Act of 2002, the Chief Information Officers Council
shall be the principal interagency forum for improving agency practices related to the
design, acquisition, development, modernization, use, operation, sharing, and
performance of information resources of Federal departments and agencies.
h. The Department of Transportation and the Department will collaborate on all matters
relating to transportation security and transportation infrastructure protection. The
Department of Transportation is responsible for operating the national air space system.
The Department of Transportation and the Department will collaborate in regulating the
transportation of hazardous materials by all modes (including pipelines).
i. All Federal departments and agencies shall work with the sectors relevant to their
responsibilities to reduce the consequences of catastrophic failures not caused by
terrorism.
23. The heads of all Federal departments and agencies will coordinate and cooperate with the
Secretary as appropriate and consistent with their own responsibilities for protecting critical
infrastructure and key resources.
24. All Federal department and agency heads are responsible for the identification, prioritization,
assessment, remediation, and protection of their respective internal critical infrastructure and key
resources. Consistent with the Federal Information Security Management Act of 2002, agencies
will identify and provide information security protections commensurate with the risk and
magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption,
modification, or destruction of information.
Coordination with the Private Sector
25. In accordance with applicable laws or regulations, the Department and the Sector - Specific
Agencies will collaborate with appropriate private sector entities and continue to encourage the
development of information sharing and analysis mechanisms. Additionally, the Department and
Sector - Specific Agencies shall collaborate with the private sector and continue to support sector -
coordinating mechanisms:
a. to identify, prioritize, and coordinate the protection of critical infrastructure and key
resources; and
b. to facilitate sharing of information about physical and cyber threats, vulnerabilities,
incidents, potential protective measures, and best practices.
National Special Security Events
26. The Secretary, after consultation with the Homeland Security Council, shall be responsible for
designating events as "National Special Security Events" (NSSEs). This directive supersedes
language in previous presidential directives regarding the designation of NSSEs that is
inconsistent herewith.
Implementation
27. Consistent with the Homeland Security Act of 2002, the Secretary shall produce a
comprehensive, integrated National Plan for Critical Infrastructure and Key Resources Protection
to outline national goals, objectives, milestones, and key initiatives within 1 year from the
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issuance of this directive. The Plan shall include, in addition to other Homeland Security - related
elements as the Secretary deems appropriate, the following elements:
a. a strategy to identify, prioritize, and coordinate the protection of critical infrastructure and
key resources, including how the Department intends to work with Federal departments
and agencies, State and local governments, the private sector, and foreign countries and
international organizations,
b. a summary of activities to be undertaken in order to: define and prioritize, reduce the
vulnerability of, and coordinate the protection of critical infrastructure and key resources;
c. a summary of initiatives for sharing critical infrastructure and key resources information
and for providing critical infrastructure and key resources threat warning data to State and
local governments and the private sector; and
d. coordination and integration, as appropriate, with other Federal emergency management
and preparedness activities including the National Response Plan and applicable national
preparedness goals.
28. The Secretary, consistent with the Homeland Security Act of 2002 and other applicable legal
authorities and presidential guidance, shall establish appropriate systems, mechanisms, and
procedures to share homeland security information relevant to threats and vulnerabilities in
national critical infrastructure and key resources with other Federal departments and agencies,
State and local governments, and the private sector in a timely manner.
29. The Secretary will continue to work with the Nuclear Regulatory Commission and, as appropriate,
the Department of Energy in order to ensure the necessary protection of:
a. commercial nuclear reactors for generating electric power and non -power nuclear reactors
used for research, testing, and training,
b. nuclear materials in medical, industrial, and academic settings and facilities that fabricate
nuclear fuel, and
c. the transportation, storage, and disposal of nuclear materials and waste.
30. In coordination with the Director of the Office of Science and Technology Policy, the Secretary
shall prepare on an annual basis a Federal Research and Development Plan in support of this
directive.
31. The Secretary will collaborate with other appropriate Federal departments and agencies to
develop a program, consistent with applicable law, to geospatially map, image, analyze, and sort
critical infrastructure and key resources by utilizing commercial satellite and airborne systems,
and existing capabilities within other agencies. National technical means should be considered as
an option of last resort. The Secretary, with advice from the Director of Central Intelligence, the
Secretaries of Defense and the Interior, and the heads of other appropriate Federal departments
and agencies, shall develop mechanisms for accomplishing this initiative. The Attorney General
shall provide legal advice as necessary.
32. The Secretary will utilize existing, and develop new, capabilities as needed to model
comprehensively the potential implications of terrorist exploitation of vulnerabilities in critical
infrastructure and key resources, placing specific focus on densely populated areas. Agencies
with relevant modeling capabilities shall cooperate with the Secretary to develop appropriate
mechanisms for accomplishing this initiative.
33. The Secretary will develop a national indications and warnings architecture for infrastructure
protection and capabilities that will facilitate:
a. an understanding of baseline infrastructure operations;
b. the identification of indicators and precursors to an attack; and
c. a surge capacity for detecting and analyzing patterns of potential attacks.
In developing a national indications and warnings architecture, the Department will work with
Federal, State, local, and non - governmental entities to develop an integrated view of physical and
cyber infrastructure and key resources.
34. By July 2004, the heads of all Federal departments and agencies shall develop and submit to the
Director of the OMB for approval plans for protecting the physical and cyber critical infrastructure
and key resources that they own or operate. These plans shall address identification,
prioritization, protection, and contingency planning, including the recovery and reconstitution of
essential capabilities.
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35. On an annual basis, the Sector - Specific Agencies shall report to the Secretary on their efforts to
identify, prioritize, and coordinate the protection of critical infrastructure and key resources in their
respective sectors. The report shall be submitted within 1 year from the issuance of this directive
and on an annual basis thereafter.
36. The Assistant to the President for Homeland Security and the Assistant to the President for
National Security Affairs will lead a national security and emergency preparedness
communications policy review, with the heads of the appropriate Federal departments and
agencies, related to convergence and next generation architecture. Within 6 months after the
issuance of this directive, the Assistant to the President for Homeland Security and the Assistant
to the President for National Security Affairs shall submit for my consideration any recommended
changes to such policy.
37. This directive supersedes Presidential Decision Directive /NSC -63 of May 22, 1998 ( "Critical
Infrastructure Protection "), and any Presidential directives issued prior to this directive to the
extent of any inconsistency. Moreover, the Assistant to the President for Homeland Security and
the Assistant to the President for National Security Affairs shall jointly submit for my consideration
a Presidential directive to make changes in Presidential directives issued prior to this date that
conform such directives to this directive.
38. This directive is intended only to improve the internal management of the executive branch of the
Federal Government, and it is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity, against the United States, its
departments, agencies, or other entities, its officers or employees, or any other person.
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EXHIBIT B – GRANTING AGENCY REQUIREMENTS
EXHIBIT B
Funded by the US Department of Energy
Energy Efficiency and Conservation Block Grant Program
Grant Requirements
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It is the intent of the County, whenever feasible, to use this agreement for the design, planning and /or
execution of projects funded by County, and /or public and /or private granting agencies. The purchase of
all goods and services that are funded through Federal and /or State Grant Appropriations shall be subject
to the compliance and reporting requirements of the Federal /State Granting Agency.
Debarment and Suspension (E.O.s 12549 and 12689)— Contract awards that exceed the small purchase
threshold and certain other contract awards shall not be made to parties listed on the non - procurement
portion of the General Services Administration's List of parties Excluded from Federal Procurement or Non -
procurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list
contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors
declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards
that exceed the small purchase threshold shall provide the required certification regarding its exclusion
status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and
their subcontractors and partners, are not excluded from receiving Federal contracts, certain subcontracts,
and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31
U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common
Rule for Non - procurement suspension and debarment. Contractors debarment and suspension status will
be validated at the Federal Excluded Parties List System at: https: / /www.epls.gov/ and the State of Florida
at http: / /dms.myflorida.com/ business_ operations/ state _purchasing /vendor_information.
2. American Recovery and Reinvestment Act of 2009 (ARRA) Special Terms and Conditions: The American
Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve and
create jobs and promote economic recovery, assist those most impacted by the recession, provide
investments needed to increase economic efficiency by spurring technological advances in science and
health, invest in transportation, environmental protection, and other infrastructure that will provide long-
term economic benefits, stabilize State and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases
(hftp://www.recoverv.qov/?q=content/act)
a. Registration: Section 1512 provides that first tier Contractors of ARRA funds must register with Central
Contractor Registration database (CCR). CCR registration can be completed at http: / /www.ccr.gov. CCR
registration must be completed before to issuance of a Notice to Proceed. Registration must be obtained
during the life of the grant funded contract.
b. Reporting: Federal reporting on projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA),
requires vendors to report their Dun and Bradstreet number (DUNS). Vendors who do not know their DUNS number
may receive more information through www.dnb.com and select "D & B D -U -N -S Number." A DUNS number
request takes approximately 30 days to receive and there is no cost. Vendors will need this number if they are
awarded a project with ARRA funds by Collier County prior to issuance of a Notice to Proceed. This number must
be maintained through the life of the grant funded contract. Depending on the contract amount and annual gross
revenues in Federal awards, vendors may also need to report the names and compensation of the five most highly
compensated officers of the company. A DUNS number is one of the requirements for registration in the Central
Contractor Registration. In addition, the vendor shall provide any required data such as but not limited to number of
jobs created to adhere to the reporting requirements of ARRA funding by the deadlines the County establishes.
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3. Buy American: Section 1605(a) of the Recovery Act directs that, subject to certain exceptions, no funds
appropriated or otherwise made available for a project may be used for the purchase of equipment and
products, construction, alteration or repair of a public building or public work unless all the iron, steel and
manufactured goods used are produced in the United States. The law covers Recovery Act - funded federal
contracts as well as Recovery Act - funded state and local public works projects.
4. Contracting with small and minority firms, women's business enterprise and labor surplus area firms. (1)
The vendor will take all necessary affirmative steps to assure that minority firms, women's business
enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps shall include: (i)
Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii)
Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's business
enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises, (v) Using the services and
assistance of the Small Business Administration, and the Minority Business Development Agency of the
Department of Commerce; and
5. Equal Employment Opportunity —All contracts shall contain a provision requiring compliance with E.O.
11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
Copeland "Anti - Kickback "Act (18 U.S.C. 874 and 40 U.S.C. 276c) —All contracts and subgrants in excess
of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of
Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in part by Loans or Grants from the United States'). The Act provides that each
contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which he is
otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding
agency.
Davis -Bacon Act, as amended (40 U.S. C. 276a to a -7) — Section 1606 of the Recovery Act requires that all
laborers and mechanics employed by contractors and subcontractors on projects funded directly by or
assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be
paid wages at rates not less than those prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United
States Code. When required by Federal program legislation, all construction contracts awarded by the
recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -
Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Department of Labor regulations (29 CFR part
5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a
rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation
and the award of a contract shall be conditioned upon the acceptance of the wage determination. The
recipient shall report all suspected or reported violations to the Federal awarding agency. Prevailing wages
are available at the US Department of Labor's site http: / /www.gpo.gov /davisbacon/ fl /html.
8. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) —Where applicable, all contracts
awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other
contracts that involve the employment of mechanics or laborers shall include a provision for compliance
with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as
supplemented by Department of Labor regulations (29 CFR part 5). Under section 102 of the Act, each
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contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than 11 /2times the basic rate of pay for all hours worked in excess of 40
hours in the work week. Section 107 of the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
9. Rights to Inventions Made Under a Contract or Agreement — Contracts or agreements for the performance
of experimental, developmental, or research work shall provide for the rights of the Federal Government
and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
10. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), as amended — Contracts and subgrants of amounts in excess of $100,000 shall contain a provision
that requires the recipient to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
11. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
12. Access to Records - With respect to each financial assistance agreement awarded utilizing at least some
of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of
2009, Pub. L. 111 -5, any representative of an appropriate inspector general appointed under section 3 or
8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized -- (1)
to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State
or local agency administering such contract that pertain to, and involve transactions that relate to, the
subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the
contractor, grantee, subgrantee, or agency regarding such transactions.
13. Protecting State and Local Government and Contractor Whistleblowers. - The requirements of Section
1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An
employee of any non - Federal employer receiving covered funds under the American Recovery and
Reinvestment Act of 2009, Pub. L. 111 -5, may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's
duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a
member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory
authority over the employee (or other person working for the employer who has the authority to investigate,
discover or terminate misconduct), a court or grant jury, the head of a Federal agency, or their
representatives information that the employee believes is evidence of: - gross management of an agency
contract or grant relating to covered funds; - a gross waste of covered funds; - a substantial and specific
danger to public health or safety related to the implementation or use of covered funds; - an abuse of
authority related to the implementation or use of covered funds; or - as violation of law, rule, or regulation
related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded
or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector
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general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient
basis to conclude that the non - Federal employer has subjected the employee to a prohibited reprisal. The
agency shall either issue an order denying relief in whole or in part or shall take one or more of the
following actions: - Order the employer to take affirmative action to abate the reprisal. - Order the
employer to reinstate the person to the position that the person held before the reprisal, together with
compensation including back pay, compensatory damages, employment benefits, and other terms and
conditions of employment that would apply to the person in that position if the reprisal had not been taken.
- Order the employer to pay the employee an amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the
employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the
head of a court of competent jurisdiction. Non - enforceability of Certain Provisions Waiving Rights and
remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any agreement, policy,
form, or condition of employment, including any pre- dispute arbitration agreement. No pre- dispute
arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this
section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, shall post notice of the rights
and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act
of 2009, Pub. L. 111 -5, www.Recovery.gov, for specific requirements of this section and prescribed
language for the notices).
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SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
The purpose of this Exhibit is to describe the scope of work and the responsibilities of the Consultant in
connection with the completion of the Master Mobility Plan.
The purpose of this project will be to develop and obtain consensus, and establish what will be called the
"Master Mobility Plan" (MMP). The MMP will be a concise and practical plan that will guide the need and
location of land use, public services (Govt., EMS, Schools, Parks, etc), multi -modal transportation and
infrastructures while protecting environmentally sensitive land, habitat and agricultural land with the
primary purpose of reducing Vehicle Miles Traveled (VMT) through demand management and
coordination of purpose.
The MMP will culminate with the adoption of the above plans and agreements with a concise set of
objectives and policy recommendations that would manage the implementation. The updated objectives
and policy recommendations will be an integral part of the EAR process scheduled through
Comprehensive Planning for the spring of 2011.
Over the past ten years Collier County has seen a dramatic swing in land development demands that
has put a tremendous strain on resources and finances. The County implemented growth management
initiatives and financial plans that took into account significant back log needs while contending with a
record setting demand for infrastructure and services. The environment created a very reactive mode of
managing our needs. The Transportation Planning Department, in coordination with the Comprehensive
Planning Department, is now looking at a proactive way of managing the ultimate build out mobility
needs of the county. The MMP will focus on demand management and early coordination rather than
trying to finance mobility based on existing land use regulations. From a business perspective, reducing
the demand for physical infrastructure is a far more practical approach than supporting mobility via
continuous expansion and its requirement of ever increasing revenues such as impact fees, taxes, tolls
and ad valorem.
Approved HB 697 and proposed federal legislation all require local comprehensive plans to include a
section in the traffic circulation element that indirectly reduces greenhouse emission through direct
reductions in Vehicle Miles Traveled (VMT). The MMP focuses on several factors that would meet the
compliance standards from HB 697. The Transportation Planning Department was also a successful
recipient of a Department of Energy (DOE) grant that was approved by the BCC on June 9, 2009 as item
10E. The attached project charter provides a description of the concepts outlined within the MMP. The
project charter has been endorsed by each Division Administrator and upon approval of the charter by
the BCC, the project will be set in motion. The MMP will coordinate all the data from the East of 951
Horizon Study, the East of 951 Bridge Study, the Interactive Growth Model, the Long Range
Transportation Plan, the Rural Land Stewardship Area update and all long range plans from each
division and key stakeholders with consideration from each reviewing /permitting agency and
environmental /agricultural advocacy groups.
I. DESCRIPTION OF WORK
This Scope of Services is for the execution of Phase II of the Master Mobility Plan (hereinafter referred to
as the MMP) to guide the County in developing efforts to reduce Vehicle Miles Travel (VMT's), Green
House Gas emissions, and guide the county towards more sustainable communities. The Master
Mobility Plan will provide recommendations to include items such as: Evaluation and Appraisal Report,
Growth Management Plan and Land Development Code recommendations.
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PURPOSE
In an effort to address a need to enhance and supplement project management, administration and
oversight of the Master Mobility Plan, Collier County is soliciting for highly qualified consulting
management firms to oversee and manage complex phases of project implementation including, but not
limited to: administration assistance, data collection review and analysis, public meetings, and
preparation of proposed memorandums of understanding. This service will supplement an array of
professional in -house staff and contracted consultants and contractors.
Provide planning and iterative support of staff efforts to the development of recommendations for the
completion of the Master Mobility Plan. Support Services shall include local support by provide an on-
site Project Manager. The Consultant will have the responsibility of preparing and conducting a Public
Involvement Plan (PIP). This will also require coordination with the MPO's work on the 2035 Long Range
Transportation Plan (LRTP) update and revision of the existing Traffic Analysis Zone (TAZ) boundaries,
data inputs /outputs, nodal points, and other features to more accurately reflect current and anticipated
changes to the Future Land Use Element and Future Land Use Map.
These efforts shall assist in preparation of the County's Master Mobility Plan and will include establishing
the Goals, Objectives, and Procedures [GOP's], to be compliant with State and Federal law. Creation of
a final report summarizing the Master Mobility Plan, and the respective methodology used in the
development of all GOP's is required. Specific deliverables shall include provision of all electronic files
that are modified or created during the development of this Plan, and provision of any graphics or other
presentation materials (including permission to use any copyrighted material). At times, the Consultant
may be required to present this Plan to one or more public bodies, including the Board of County
Commissioners and the Metropolitan Planning Organization.
The Consultant will draft the Master Mobility Plan by reviewing the data collection completed during the
first phase of the development of the Master Mobility Plan and additional information that may be
required during the development of the recommendations.
III. GOALS AND OBJECTIVES
The MMP will revolve around the following master plans and concepts:
• Infrastructure Master Plan that provides direction on infrastructure, reducing redundancies
and increasing synergy with the goal of reducing VMT. These will also include South Florida
Water Management District, and every county agency.
• Land Use Master Plan that strategically locates public services as well as private residential,
commercial and industrial development with the goal of reducing VMT. To coordinate review
with existing and proposed development /land use.
• Mobility Master Plan that incorporates multi -modal transportation alternatives with the goal of
reducing VMT. To determine the existing and projected traffic circulation needs, future
conditions and mobility requirements.
• Wildlife Crossings and Habitat Preservation Master Plan that identifies environmentally
sensitive land, habitat and agricultural land that will give credibility and support to the
infrastructure and mobility needs.
• Signed MOU's (Memorandum of Understanding) that define, validate and document the
commitments and expectations of Collier County Government agencies, primary stakeholders
and outside agencies.
• To maximize public outreach efforts to ensure that communications efforts and public's
participation in all phases of the MMP process will be maintained and expanded by identifying
and involving stakeholders.
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IV. SERVICES TO BE PERFORMED
Phase II of the MMP shall be comprised of the following elements: public involvement; data collection
review and analysis; development of recommendations; preparation of Memorandums of Understanding,
and preparation of final MMP for adoption by the Board of County Commissioners. An Executive
Summary Report will also be prepared to provide an overview of the MMP findings and
recommendations. The Consultant shall complete all work and tasks of the Study, including acceptance
by the County of deliverables, within a maximum period of twelve months from contract award date and
no later than 12/31/2011. The major services to be performed are summarized below.
Task A: On -Site Project Management and Coordination
The Consultant will provide the services of a qualified Project Manager, acceptable to the County to
perform specific activities in accordance with the functions and duties generally defined as follows:
The Consultant shall provide sufficient project management and coordination to assure production
control and assistance to the County during the study. A series of up to eighteen (18) regular briefings
will be held between the Consultant and the County. These briefings should be held approximately every
month, and to the extent possible, on a regular schedule. The purpose of these briefings is to keep the
County updated of the progress of the study and the Consultant's findings, to confer on future courses of
action, to schedule and coordinate the preparation of other meetings, and to ensure the study progress is
maintained in accordance with the study schedule. When appropriate, representatives from other
agencies may participate in these briefings. The County reserves the right to request additional
briefings, on reasonable advance notice, should it becomes apparent that there are excessive schedule
delays or unacceptable products.
With County input, endeavor to identify and take action to correct deficiencies, which become
apparent during the project.
• Endeavor to resolve problems in a timely manner as the work proceeds, and coordinate the
consultants,
• Facilitate the meetings related to projects and prepare the meeting minutes at the County's
discretion.
• Support the County's interaction with Citizens, State and local agencies on an as needed basis to
technical support, project status updates and information regarding other areas of concern.
• Assist the County staff with the preparation of necessary documents (memos, schedules, graphics
and /or reports) to respond to the issues related to the projects and other support services as
required.
♦ DELIVERABLES:
• Preliminary Master Project Schedule
• Preliminary Cost Estimating Model
• Preliminary Project Management Plan
Services will be on an on -going basis through the duration of this project.
Task B: Project Initiation
Prior to beginning work, the Consultant shall meet with appropriate County representatives at the
Notice to Proceed Meeting. The purpose of this meeting shall include but not be limited to the
following:
The County will render all relevant information in its possession. This may include previous
correspondence, existing data, data collected in the first phase of the MMP.
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2. The County will establish any ground rules upon which the MMP process will be
conducted.
3. The County will explain the financial administration of the contract.
4. The County will render the official Notice -to- Proceed letter.
Task C: Public Involvement
1. Preparing Public Involvement Plan
The Consultant shall establish an open process that is responsive to the concerns of the citizens and
provides for timely involvement that influences the decision - making process. The Consultant shall
develop a process that creates an understanding of the issues and provides participants the opportunity
to be sufficiently prepared to react with confidence to the program deliverables.
The plan shall be updated and amended throughout the MMP process as the needs of the project may
change, and shall also indicate the basic public involvement approach to be taken with the project.
It will list the contact persons, media, local elected officials, and involved agencies. The Consultant will
also identify stakeholders that hold community interests (commuters, businesses, residents,
environmental interests, and others). The plan will describe as well the means that will be used to
involve the stakeholders in the process. The Consultant shall provide to the County drafts of all Public
involvement collateral (i.e., newsletters, advertisements, etc.) associated with the following tasks for
review and approval at least five (5) business days prior to printing and / or distribution.
♦ DELIVERABLES:
A draft public involvement plan will be presented to the county no later than 45 days from notice to
proceed.
2. Mailing /Stakeholders List
The Consultant shall identify those individuals or groups to be affected by the project and will develop
and maintain a computerized database of contacts including Public officials, community service
organizations, environmental agencies, local and regional transportation officials, and special interest
groups shall be identified by the Consultant as those individuals or groups to be affected by the project.
4. Unscheduled Meetings and Presentations
The Consultant and his staff shall be available with no more than a five (5) workday notice to attend
meetings or make presentations at the request of the County. Such meetings and presentations may be
held at any hour between 8:00 a.m. and 12:00 midnight on any day of the week. The Consultant may be
called upon to provide maps, press releases, advertisements, audiovisual displays and similar materials
for such meetings.
5. Identify and Inspect Public Meeting Site
Prospective sites for the Public Workshops /Meetings shall be inspected for suitability. Consideration
shall be given to location, seating capacity, lighting, display space, and any other physical characteristic
that would influence the viability of this site. Possible Public Workshop /Meetings sites should facilitate
participation by locating the meetings closer to potentially impacted residents and businesses along the
corridor. The Consultant shall identify meeting facilities for the Public Workshops /Meetings including the
proposed rentals fees and associated expenses if required. The county will be responsible to sign any
rental agreement and issue any payments associated with each location rental.
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6. Coordination Meetings with Local Officials
These meetings shall be held just prior to the Public Workshops to apprise local officials of the project
status and provide them with the materials /presentation to be presented at the public workshop and
receive their feedback. The Consultant should provide the Local Officials at least two (2) weeks
notification. It is specifically required that the Public Involvement Report show evidence of coordination
with the local officials. Special emphasis should be given to regular coordination meetings with the
following agencies:
• District School Board of Collier County
• Collier County Emergency Medical Services (EMS)
• Fire Districts of Collier County
• Collier County Parks and Recreation Department
• Collier County Planning Services Department
• Collier County Public Utilities Division
• Local civic associations
• or any other individual /entities included in the stakeholders list.
7. Public Meetings/Workshops
A public meeting will be held to present to the public the conclusion /recommendations of the MMP and
provide the opportunity for review and comment on the MMP.
The Consultant shall attend these meetings and prepare appropriate displays or wall graphics and /or
electronic projections for use during the meeting. These include aerial photographs, renderings, charts,
and graphs, as needed. The Consultant may be required to actively participate in any portion of the
presentation.
The Consultant shall prepare project hand -outs for distribution at the meeting. All presentations, media
releases, and legal and display advertisements shall be prepared by the Consultant and reviewed and
authorized by the County.
A black- and - white, one eight (1/8`) of -a -page display advertisement announcing each meeting shall be
prepared and submitted to the County for approval. The Consultant shall publish the advertisement in
the area newspapers having the largest daily circulation. Advertising costs are the responsibility of the
Consultant, and shall be considered a reimbursable expense.
Notification shall be made by the Consultant to elected and appointed officials and other interested
persons by letter no later than two weeks prior to the meeting.
News releases shall be prepared and submitted for publication by the Consultant two weeks prior to each
meeting.
The Consultant shall brief the County's staff (who will be on hand during the meeting) prior to the meeting
to make sure the staff is up to date on the project and understands the MMP well enough to discuss it
with the public and answer questions.
Meeting setup and take down shall be handled by Consultant staff members familiar with the equipment
and the facilities available at the workshop site.
Conducting the meetings will involve knowledgeable staff and shall require enough staff members to
handle the public anticipated for the meeting. Although the meetings may be scheduled for a certain time
period, staff shall be available for some time before and /or after those set hours in order to maintain
public contact, availability for media interviews, etc.
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The identification of issues brought up at the meeting is an integral part of the meeting debriefing
process, which shall be attended by all staff members taking part in the workshop process and
interacting with the public.
Once issues from the meeting have been identified, their significance shall be determined by the
Consultant and reviewed by the County (i.e., are the issues valid enough for further consideration or do
they have elements that may require further consideration.)
Addressing the issues and responding to them is also an integral part of the meeting process. This task
involves letter writing, the placement of an ad, distribution of news releases, or any other appropriate
techniques.
8. Public Workshops
The purpose of the workshops is to introduce the project to a group of stakeholders and solicit feedback
concerning the project's need, identify key concerns to be addressed, drafting of a set of goals and
objectives and to provide a common understanding of the purpose of the MMP.
The Consultant shall assume the same tasks and responsibilities detailed in the organization and
purpose of the public meetings.
9. Newsletters
The Consultant shall prepare newsletters at various key points during the MMP. The newsletters shall
be mailed by the Consultant to elected officials and interested persons included on the mailing list
compiled by the Consultant. The County's review is required prior to mailing. Considering the expected
duration of the project, a maximum of six (6) newsletters is anticipated.
10. Website
The County will establish a link on their website to provide information to the public with regards to the
MMP. The information will include maps, newsletters, etc. The material will be provided by the
Consultant.
TASK D: Evaluation of Land use Projection /Alternatives
Document current land use projections and assumptions; establish a general framework for evaluating
the implications of large -scale urban form decision /land use policy. This will be accomplished through
the following tasks:
• Evaluate the county's interactive growth model
• Prepare an inventory of planned and un- planned development areas
• Establish a general energy consumption /emission metrics and conduct a sensitivity
analysis
• Evaluate peer county development metrics
• Evaluate Activity Center Redevelopment Potential
• Evaluation of Urban Town concepts east of CR 951
The goal of this analysis is to provide an overview of the impacts related to future growth and
development in the county.
By utilizing the information already collected in Phase I of the Master Mobility Plan, provide a unified
future projection utilizing the already existing data.
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Task E: Study Documentation
The Consultant shall document the MMP process through a series of reports. Maximum use shall be
made of tabular and illustrative presentations of MMP data, analyses, and improvement
recommendations.
Copies of all written correspondence between the Consultant and any party pertaining specifically to the
MMP shall be provided to the County for their records within one (1) week of the receipt of said
correspondence. Upon completion of the MMP, the Consultant shall deliver to the County, in an
organized manner, all project files, maps, sketches, worksheets, and other materials used or generated
during the study process.
All reports, graphics, presentations and CADD files developed during the course of the MMP shall be
submitted in electronic format on CD -R or DVD -R. These files shall be in their native format from the
source program they were created in. In addition, all reports, associated graphics and concept plans
shall be submitted in PDF Format on a separate CD -R or DVD -R. The Consultant shall submit 5 copies
of each CD -R or DVD -R clearly labeled with the Project Number, project description, name of firm doing
the work and the creation date of the media.
Certain documents prepared by the Consultant will require to be provided to the County in format such
as Microsoft Word, Excel and possibly in a PDF Format.
V. STUDY REQUIREMENTS AND PROVISIONS FOR WORK
A. Governing Regulations
The services performed by the Consultant shall be in compliance with all applicable State and Federal
regulations. Included among these regulations are:
1. U.S.C.: Title 23: Highways.
2. 42 U.S.C. 4332(2)(c), popularly known as Section 102(2)(c) of the National Environmental Policy
Act of 1969, P. 91 -190.
3. 49 R.S.C. 1653 (f), popularly known as Section 4(f) of the Department of Transportation Act of
1966, P.L. 89 -670.
4. The National Historic Preservation Act of 1966 (P.L. 89 -665) and Executive Order No. 11593
( "Protection and Enhancement of the Cultural Environment') as implemented in "Procedures for
the Protection of Historic and Cultural properties ", 36 C.F.R.; Part 800.
5. Executive Order No. 11990, "Protection of Wetlands ".
6. Executive Order No. 11988, "Floodplain Management'.
7. Chapter 339.155 of the Florida Statutes.
8. FDOT PD &E Guidelines Manual.
9. 23 CFR 771.
10. 23 CFR 770.
11. Collier County Growth Management Plan.
12. Collier County Land Development Code.
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13. All of the appropriate Federal -Aid Highway Program manual (FHPM) issuances and related
FDOT Policies and Directives governing the implementation of the previously mentioned
regulations. The standards referred to and recommended in the American Association State
Highway and Transportation Officials ( AASHTO) and FDOT's Design Criteria related to highway
safety shall be used to the extent applicable. The corridor alignments developed by the
Consultant shall be the best engineering solution to a given problem and not merely an
adherence to the minimum AASHTO standards.
1. Chapter 337.241 Florida Statutes.
B. Project Schedule
Within ten (10) days after Notice to Proceed, the Consultant shall prepare a detailed updated
work plan for management coordination and control to ensure successful and timely completion
of the MMP, including schedule and cost breakdown for each sub -task described in this scope of
services. The Consultant will also prepare an anticipated payout curve. Said schedule and
anticipated payout curve shall be subject to approval by the County before an invoice can be
submitted. The project schedule shall not exceed twelve (12) months in duration beginning with
the Notice to Proceed meeting.
C. Key Personnel
The Consultant's work shall be performed and directed by the key personnel identified by the
Consultant during the proposal stage of this project. Changes in personnel, if any, shall be
subject to written approval by the County.
D. Progress Billing
The Project Manager will authorize first payment two weeks after the Notice to Proceed is issued
after which the Consultant shall meet (via conference call if possible) with the County on a
monthly basis and provide written progress reports that outline in detail the task
accomplishments, meetings held, status of deliverables, expected activities for the next period,
issues for resolution and the responsible party. Progress reports shall be delivered to the County
concurrently with the monthly invoice. Prior to submitting invoice for payment, progress reports
and invoice (percentage) complete will be reviewed during the monthly meeting. Judgment on
whether work of sufficient quality and quantity has been accomplished will be made by the Project
Manager or their designee, by comparing the reported percentage complete against actual work
accomplished.
The Consultant will submit monthly status reports, identifying work accomplished for the previous
month and work to be accomplished for the following month. Any problems encountered should
be identified, and suggested solutions be made in the status report.
E. Liaison Office
The County will designate a Project Manager, who shall be the representative of the County for
the Project. While it is expected the Consultant shall seek and receive advice from various State,
Regional, and local agencies, the final direction on all matters remains with the Project Manager
or their designee.
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1AII monthly status reports and invoices shall be mailed to the attention of Debbie
Armstrong, Project Manager, Transportation Planning, Planning and Regulation, Growth
Management Division, 2800 North Horseshoe Drive, Naples, FL 34104
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have been
completed to OWNER'S reasonable satisfaction.
TASK
LUMP SUM FEE FOR:
FEE
PAYMENT SCHEDULE
A.
On -Site Project Management
and Coordination
$ 65,400.00
Monthly Upon Percent Complete
of Task
B.
Project Initiation
$ 4,400.00
Monthly Upon Percent Complete
of Task
C.
Public Involvement
$ 84,200.00
Monthly Upon Percent Complete
of Task
D.
Evaluation of Land use
Protection /Alternatives
$121,800.00
Monthly Upon Percent Complete
of Task
E.
_
Study Documentation
$ 39,900.00
Monthly Upon Percent Complete
of Task
TOTAL FEE Total Items A-E)
$315,700.00
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Three Hundred
Fifteen Seven Hundred Dollars ($315,700.00) to be paid to CONSULTANT for the
performance of the Basic Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
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provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. The Project Manager
will authorize the first payment two weeks after the Notice to Proceed after which,
notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more
than one invoice per month for all fees earned that month for both Basic Services and
Additional Services. Invoices shall be reasonably substantiated, identify the services
rendered and must be submitted in triplicate in a form and manner required by Owner.
Additionally, the number of the purchase order granting approval for such services shall
appear on all invoices.
8.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
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B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or asset forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from /to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
8.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
8.3.4.1.5 Expense of models for the County's use.
8.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
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SCHEDULE B - ATTACHMENT 1
SCHEDULE OF FEES FOR BASIC SERVICES
"MASTER MOBILITY PLAN — PHASE TWO"
Task A On -Site Project Management and Coordination: Lump Sum $ 65,400.00
Task B Project Initiation: Lump Sum $ 4,400.00
Task C Public Involvement: Lump Sum $ 84,200.00
• Public Involvement Plan
• Public Meetings/Workshops
• Stakeholder Database /Interviews /Meetings
• EAC /CCPC and BCC Meetings
• Project Newsletters /Public Information
• Project Website
Task D. Evaluation of Land use Projection /Alternatives: Lump Sum $121,800.00
• Evaluate Land Use and Development Potential
• Evaluate Public Infrastructure /Services
• Evaluate Natural Resource Constraints /Opportunities
• General Energy Consumption /Emission Metrics
• Evaluate Peer County Development Metrics
• Evaluate Activity Center Redevelopment Potential
• Evaluate Urban Town Concepts East of CR951
• EAC /CCPC and BCC Meetings
Task E Study Documentation: Lump Sum $ 39,900.00
• Develop Mobility Master Plan and Signed MOUs
• EAC /CCPC and BCC Meetings
Total for Tasks A through E
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$315,700.00
SCHEDULE B - ATTACHMENT 2
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
"Master Mobility Plan — Phase Two"
Consultant's Employee Hourly Rate Schedule
Title Hourly Rate
Principal $ 195.00/hr
Project Manager $ 150.00 /hr
Senior Planner $ 140.00 /hr
Planner $ 110.00 /hr
GIS Specialist/Programmer $ 100.00 /hr
Clerical $ 60.00 /hr
END OF SCHEDULE B
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Task A. On -Site Project Management and Coordination — 18 local coordination meetings are
anticipated to be completed throughout the 12 -month project with approximately one local
coordination meeting occurring every 20 days from Notice to Proceed.
Task B. Project Initiation — The Project Initiation Meeting will occur within 30 days from Notice
to Proceed.
Task C. Public Involvement-
. The Public Involvement Plan /Project Approach will be delivered to the County within 45
days from the Notice to Proceed.
• The Project website will be developed within 45 days from Notice to Proceed.
• The initial Stakeholder Group Interviews will occur within 60 days from Notice to Proceed.
• The Stakeholder Meetings and Public Workshops will be completed within 270 days from
the Notice to Proceed.
• Newsletters and other public information will be provided throughout the 12 -month
project.
Task D. Evaluation of Land use Projection /Alternative — The analysis under this task will be
completed within 270 days from the Notice to Proceed.
Task E. Study Documentation — Approval of the Master Mobility Plan will occur no later than
the final Board of County Commissioners meeting of 2011. The draft Master Mobility will be
submitted approximately 30 days prior to this meeting.
END OF SCHEDULE C
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
The amounts of such
(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
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an `occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $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 $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self - insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
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 the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? Yes _X_ No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
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$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
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PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self- insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
D -s
16A 5
SCHEDULE E
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Steven Tindale (TOA), Mark White (WS), Robert Cervero — Principal — 10%
Demian Miller(TOA), Nilgun Kamp(TOA), William Roll (TOA), Jeff Perry(WMS), Tim
Durham(WMS), Matt Taylor (WMS), Robert Mulhere (MA) — Project Manager — 37%
Elisabeth Schuck (TOA), Jared Schneider (TOA) — Senior Planner — 16%
Chris Keller (TOA), Amanda Haas (TOA), — Planner —15%
Juan Butler (TOA) — GIS Specialist/Programmer —19%
Laura Lopez (TOA) — Clerical — 3%
TOA = Tindale- Oliver & Associates
WMS = WilsonMiller Stantec
WS = White & Associates
MA = Mulhere & Associates
1 b A 5
clients: silo - -- -
ACORDTe CERTIFICATE OF LIABILITY INSURANCE
2115120 0YY"
PRODUCER
PROD
ISU UCER st Insurance Assoc
P.O. Box 22668
Tampa, FL 33622 -2668
813 289 -5200
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Tindale- Oliver & Associates, Inc.
1000 N Ashley Dr, Suite 100
Tampa, FL 33602
INSURER A. Travelers Indemnity Co of Ameri
25666
INSURER B. Travelers Indemnity Company
25658
NsuRER c Travelers Casualty and Surety C
19038
INSURER D. XL Specialty Insurance Company
37885
INSURER E
$2 000 000
COVtKAGCS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
A
kun
NSRE
X
TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE Fx� OCCUR
POLICY NUMBER
68081271-852
POLICY EFFECTIVE
DATE MMIDDNY
02/24/10
POLICY EXPIRATION
DATE MMIDDNY
02/24/11
LIMITS
EACH OCCURRENCE
$1006000
DAMAGE TO RENTED
PREMISES (Ed ccuu,re,N)
$1000660
MED EXP (Any one person)
$5,000
PERSONAL & ADV INJURY
11,000,000
GENERAL AGGREGATE
$2 000 000
GEN'L AGGREGATE LIMIT APPLIES PER'.
PRODUCTS - COMPIOP AGO
$2000000
POLICY PRO LOC
JECT
B
X
AUTOMOBILE
LIABILITY
BA8130L506
02/24110
02/24/11
COMBINED SINGLE LIMIT
(Ee eccidenp
$1,000,000
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
(Perperson)
S
SCHEDULED AUTOS
X
HIRED AUTOS
NON -OWNEDAUTOS
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Peraaident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY'. ADS
$
ANY AUTO
$
B
X EXCESSIUMBRELLA LIABILITY
CUP8406Y26A
02/24/10
02/24/11
EACH OCCURRENCE
s3,000,000
AGGREGATE
s3,000,000
X I OCCUR ❑ CLAIMS MADE
$
DEDUCTIBLE
X WC STATU- OTH-
$
C
X RETENTION $ 1000U
WORKERS COMPENSATION AND
UB7082Y317
09/01/10
09/01/11
E . EACH ACCIDENT
$11-0001000
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERLEXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.I. DISEASE EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
51,000 000
If yes, describe under
SPECIAL PROVISIONS below
D
OTHER Professional
DPR9685168
04/20110
04120111
$1,000,000 per claim
Liability
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Professional Liability coverage is written on a claims -made and reported basis.
RE: Collier Co. Contract # 10 -5483 Master Mobility Plan Phase Two.
Collier County Board of County Commissioners is listed as Additional Insured as respects Commercial General
Liability, Automobile Liability and Excess Liability policies.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Board of County Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Attn: Purchasing NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
3327 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Naples, FL 34112 -4901 REPRESENTATIVES.
AU OR2ED REPRESS TATIVE
wit We A --
. I— is Arnan nnRPORATION 198E
AIUVRV LJ( LVV, IVe /l Or 1119VULstuerLVJ 1 1J
16A 5
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 -5 (ZUUI /UU( 2 0t2 8525uOU&Mmsfr>