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Agenda 10/13/2009 Item #16F 3 Agenda Item No. 16F3 October 13, 2009 Page 1 of 33 ,.,,..-~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F3 Recommendation that the Board of County Commissioners approve the Agreement for Management Services with The Pelican Bay Foundation, Inc. in the amount of $1 03,262. 10/13/20099:00:00 AM Meeting Date: Prepared By Mary McCaughtry Customer Service Specialist Date Pelican Bay Services 10/6/20099:42:59 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 10/6/2009 1: 52 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/6/20092:24 PM Approved By .- Kelsey Ward Contract Administration Manager Date Administrative Services Purchasing 10/6/2009 3:27 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/6/20094:27 PM - Agenda Item No. 16F3 October 13, 2009 Page 2 of 33 AGREEMENT FOR MANAGEMENT SERVICES This Agreement is entered into _ day of . 2009 by and between The Board of County Commissioners of Collier County, Florida as the governing body of the Pelican Bay Municipal Service Taxing and Benefit Unit, hereinafter referred to as "District" and The Pelican Bay Foundation, Inc., a Florida not-for-profit corporation, hereinafter referred to as "Foundation". RECITALS: WHEREAS, the District has appointed the Pelican Bay Services Division Board, hereinafter referred to as "PBSD Board") to act as an advisory board to the District on matters pertaining to the Pelican Bay Community; and _. WHEREAS, pursuant to the ordinance establishing the PBSD Board, among its purposes is to exercise direct supervision and responsibility for the execution of work 'programs within the Pelican Bay Community; and WHEREAS, in February 2009, the Foundation completed and delivered to the residents of the Pelican Bay Community and to the PBSD Board an extensive Strategic Master Plan which was prepared over the course of sixteen months; and WHEREAS, one of the recommendations of the Strategic Master Plan was that the Pelican Bay Community's streetscape including but not limited to landscaping and lighting, parks, pathways and other improvements/enhancement which contribute to the safety and security of the community, were in need of upgrading, improvement and replacement on lands owned by the Foundation and lands owned by the District for which design standards must be developed, hereinafter referred to as the "Work Project"; and WHEREAS, the District and the Foundation are both funded only by the residents and property owners of the Pelican Bay Community; and WHEREAS, the Work Project would occur on lands owned by the District and on'lands owned by the Foundation; and WHEREAS, in order to begin the Work Project the Foundation issued a request for proposals and qualifications from fifteen (15) different companies and received and reviewed ten (10) responses before selecting a consultant to implement the Work Project; and WHEREAS, the selected consultant Wilson Miller, Inc. presently holds a consulting engineering contract with the governing board of the District in another capacity for projects outside the District; and WHEREAS, the Foundation has agreed to manage and supervise the implementation of the Work Project by the selected consultant as set forth Scope of Services Section 2-3 attached hereto and incorporated by reference herein as Exhibit "A"; and and WHEREAS, the PBSD Board recommends that the District enter into tllis Agreement; Agenda Item No. 16F3 October 13, 2009 Page 3 of 33 WHEREAS, the District finds that the Foundation is the only entity that could properly manage the Work Project in a manner that is consistent and continuous on District and Foundation lands; and WHEREAS, the District finds that the Foundation is the only entity that is ready, willing and able to manage the Work Project; and WHEREAS, the District finds that the Foundation is the sole source provider to manage the Work Project on District and Foundation lands; and WHEREAS, the District finds that it is in the District's best interest to waive, to the extent applicable, the formal competitive proposal process and to exempt the management services to be provided through this Agreement; NOW, THEREFORE, for good and valuable considerations flowing from each party to the other party, District and Foundation agree as follows: 1. All of the foregoing Recitals clauses are correct and true and are incorporated by reference herein as part of this Agreement. 2. The Foundation shall provide to the District management services to develop standards and designs for implementation of the Work Project. 3. The Foundation shall provide regular, at least at each phase, reports to the PBSB board and shall consult with and schedule workshops between the PBSD Board and the appropriate Foundation Committee for input and the overall plan and direction of the Work Proj ect. 4. The Foundation may employ WilsonMiller to accomplish the Work Project. 5. The Foundation is to be reimbursed by the District on a proportionate share basis as outlined in the fee schedule and proportionate share breakdown attached hereto and incorporated by reference herein as Exhibit "B". These costs have been assigned based on a number of elements including but not limited to underlying land ownership, long term maintenance, operational responsibilities and Foundation Strategic Planning activities within the Community and District interest in these community improvement activities. 6. The District shall reimburse the Foundation within sixty (60) days of receipt of invoice for its proportionate share of the fees and costs of services supported by invoices provided by the Foundation as certified by the Foundation's engineer and approved by the District's Administrator. Project related expenses such as travel; lodging; subsistence; long distance communication; postage; shipping; reports, drawing and/or specification reproduction; and Client authorized oveliime, are all reimbursable expenses. Unit billings will be charged per the Design Professional's current rate code schedule. Out-of-pocket expenses will be billed at cost plus five percent (5%). The Foundation shall invoice the District at least quarterly. 7. If the Foundation should select a consultant that is related to a principal or officer of the Foundation, the Foundation shall disclose such selection to the District. 2 Agenda Item No. 16F3 October 13, 2009 Page 4 of 33 8. The term of this Agreement is for one (1) year unless earlier terminated and it may be renewed upon the same terms. Either party may terminate this Agreement after at least thirty (30) days written notice to the other. District shall be responsible for payment of its proportionate share of fees and costs incurred prior to the effective date of termination. Written notice shall be provided as follows: As to District: Collier County Manager 3301 East Tamiami Trail Naples, FL 34112 With a copy to: Pelican Bay Services Division Neil Dorrill, Administrator 80 I Laurel Oak Drive, Suite 605 Naples, FL 34108 and Pelican Bay Services Division Board Mary Anne Womble, Chairwoman 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 As to Foundation: Jim Hoppensteadt President Pelican Bay Foundation 6251 Pelican Bay Blvd. Naples, FL 34108 With a copy to: R. Bruce Anderson Roetzel and Andress 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 9. The laws ofthe State of Florida will be controlling with respect to this Agreement and its provisions, and venue is said to lie in Collier County, Florida. 10. If any provision or portion of this Agreement is found or ruled to be invalid, the remaining portions shall be otherwise not affected. II. In the event of any action at law or in equity by a party hereto for enforcement of its rights under the provisions of this Agreement, or seeking damages by reason of any breach by the other party of its duties and obligations hereunder, the prevailing party shall be entitled to the recovery of reasonable attorney's fees and court costs incurred in connection therewith, including appellate proceedings. 12. This Agreement constitutes the sole understanding and working arrangement between the parties hereto, and supersedes all prior agreements and contracts by and between the parties which are hereby acknowledged to be null and void. 3 Agenda Item No. 16F3 October 13, 2009 Page 5 of 33 IN WITNESS WHEREOF, District and Foundation have caused these presents to be executed in their respective names effective as of the day and year first written above. ATTEST: Dwight Brock, Clerk By: WITNESSES: Print Name: Print Name: Approved as to fom1 and legal sufficiency: Jeffrey A. Klatzkow, County Attorney 594918 v_OS 9/28/2009 "DISTRICT" The Board of County Commissioners of Collier County, Florida as the governing body ofthe Pelican Bay Municipal Service Taxing & Benefit Unit By: Name: Title: "FOUNDATION: The Pelican Bay Foundation, Inc., a Florida not-far-profit corporation By: Name: Title: 4 Agenda Item No. 16F3 October 13, 2009 Page 6 of 33 PROFESSIONAL SERVICES PROPOSAL TO: Jim Hoppensteadt President Pelican Bay Foundation, Inc:. 6251 Pelican Bay Blvd. Naples. FL 34108 FROM: ~e~' Kevin G. Mangan Vice PresidenVPrincipal 4i~ - .. Keith W. Morrow Senior Vice PresidentIPrincipal DATE: SUBJECT: August 19, 2009; Revised September 17, 2009 Professional Planning Services Proposal: Pelican Bay Community Improvement Studies Pelican Bay Strategic Master Plan Improvement Services; Collier County, Rorida 1. OVERVIEW 1,1, The Pelican Bay Foundation (Foundation or Client) has requested Wilson Miller, Inc., (Consultant or WlIsonMlller) to provide a proposal for the professional planning services required as previously outlined by the Foundation for the advancement of the community wide Strategic Master Plan dated February, 2009. The Strategic Master Plan foons the foundation of these proposed wori<s. 1.2. The Consultant has reviewed the Strategic Master Plan, provided OUT professional expertences and key team members resumes to the Foundation and presented our team's qualifications and outline approach of this process to the Clienfs Strategic Planning Committee and the Pelican Bay Services Division prior to preparing this proposal. 1.3. Pelican Bay is a renowned model community established in Collier County in the 1970's based upon the mission of a partnership between development and ecology, using principals of environmental stewardship and green community building standards that are only now being quantified and codified in modem day community planning and development standards. 1.4. The Foundation's model community commitment remains the same today. The purpose of this proposal is to identify the scope and fees associated with the Pelican Bay Community Improvements Study elements within the community that are ready for retirement, renovation and/or inclusion of new sustainable technologies, design solutions, landscape and public realm practices of operations and maintenance activities. The Foundation's goal is to promote cost effective and sustainable initiatives of real value to the community while minimizing and limiting costly un-sustainable dated designs and operational practices. 1.5. The general areas of the community that will be included in this study include land uses associated within the community (residential, commercial, recreational, conservation, etc.) and in particular those immediately adjacent to the Pelican Bay Parks, the US - 41 berm, the community berm and boardwalk areas and the following major public streets: Pelican Bay Boulevard, Gu~ Park Drive, Ridgewood Drive, Green Tree Drive, Oakmant Parkway, Hammock Oak Drive and North Pointe Drive and Foundation owned property Exhibit tl A" Page 1 of 25 Agenda Item No. 16F3 October 13, 2009 Page 7 of 33 1.6. The Consultant recognizes that there are a number of supporting files, recent past community public input records and base mapping of existing conditions that the Foundation and the Pelican Bay Services Division (PBSD) has and will make available to the Consultant as we further engage in the fact finding and plan development of the planning improvement studies. Included but not limited to Ihese records, access to the PUD documents, standing permits and development orders for the community will be made available along with the Foundations legal interpretation of these and other documents as necessary 10 produce the works outlined herein. 1.7. WilsonMiller, Inc., understands that our contract will be with the Pelican Bay Foundation who wiD in turn enter into an inter-local agreement with the Pelican Bay Municipal Service Taxing & Benefit Unit, 'MSTBU' (also referred to as the Pelican Bay Service Division, 'PBSO') in order to produoe these works of common interest to both. 1.8. lands that have been identified in the study area include lands owned by both the Foundation and the MSTBU. 1.9. The Foundation is to be reimbursed by the MSTBU on a proportionate share basis as outlined in the fee schedule and proportionate share breakdown attached. Based on previous understanding between the Foundation and the MSTBU of which both will be directly benefited, these costs have been assigned based on a number of elements including but not limited to underlying land ownership, long term maintenance and operational responsibilities, strategic Foundation planning activities within the Community and MSTBU interest in these Community planning actiVities. On each invoice to the Foundation, the Consultant shaUllst proportionate share costs and fees of the items/each task on the invoice based on the pro-rata share shown on the fee dollar breakdown attached. Such proration of costs and fees shall be certified in writing by WilsonMiller, Inc., with such detail and explanation as are necessary for the MST8U in it judgment to reimburse the Foundation 1.10. The Consultant understands that through the process of these studies and the stages of works identified below that we will be responsible to communicate regular1ythe findings and the progress of these works to the Foundation, the Pelican Bay Community and the Pelican Bay Services Division. This ad ucational and public feed back process is outlined in greater detail within section 2.13 of this proposal. 2. SCOPE OF SERVICES The following scope of services outlines the prOVisions of the work and the deliverables to be provided during the production of these works. In order to provide a more succinct scope of service that addresses the community elements of the improvement plans as outlined by the Pelican Bay StrategiC Planning Committee, we use Phase I to be synonymous with Initial Base Data Gathering and Conceptual Design Reporting, Phase II to be synonymous with Schematic Design and Phase III to be synonymous with Design Development. 2.1. General Services and Review of Standi no Development Orders. Permits and Codes In order to establish a baseline condition of entitlements and codes within the Phase I work and to provide a framework of improvement programs and potential priorities, the Consultant will begin by reviewing the existing PUD and Development Orders, permits of weiland and water management and codes that we may be working under. Wilson Miller, Inc., will also coordinate with the PBSD for as built site conditions and plan/sulVey locations of existing trees, palms and landscape, lighting, utilities, irrigation, etc. WilsonMiller, Inc., will also be reviewing for additional detail the background data that was collected to create the Strategic Master Plan Report and the recently completed sustainability report provided to the ~8I2OOg. 214102. V.r: 2. KMANGAN Ol;tQ~.oos. L.PRi. 213M Exhibit" A" Page 2 of 25 Date. 9/30/2009 Time. 4,57 PM To. ~ 2526300 Agenda Item No. 16F3 RU Naples Pax Octobara~_, 20119 Page 8 of 33 Foundation by Twenty Fifty. 2.2. Master Streetscaoe Plans for Landscaoe and Irrigation - Phases I, II and III The Consultant will develop a detailed master stree1scape plan and recommendations for both landscape materials and irrigation system improvements for the landscape and. paved public areas along the major public streets identmed as Pelican Bay Boulevard, Gulf Parl< Drive, Ridgewood Drive, Green Tree Drive, Oakmont Parkway, Hammock Oak Drive and North Pointe Drive and Foundation owned property with consideration for sustainability consistent with current good design practice, best management practices (BMP's) and applicable recommendations/regulations of local, state and federal agencies. 1- Initial Base Data Gathering and Conceptual Design Reporting- . - The Consultant will provide the following services and deliver in report and diagrammatic mapping format the outcome of these services. conclusions of potential solutions to the issues observed or discovered and recommendations for moving fOlWard into the next phase of works for review and approval of the Client. a. Site reconnaissance including field notes, measurements, photographs and visual verification of survey and as built drawing/clata provided: advise as to addKional survey needs if any b. Provide general landscape planting written observations of plant conditions and design characteristics, Identify on diagrammatic master plan improvement strategies/opportunities c. Identify and advise in writing specific design practice opportunities for each roadway including Florida Yards and Neighborhoods qualities and practices for landscape, irrigation and maintenance activities d. Identify related transportation, engineering, ecological elements or concerns if any e, Interview the Foundation Facilities Director and the PBSD Field Manager to provide operations, maintenance and sustainability overview comments for use f, Review and identify County Government, regulations thai may apply to improvement initiatives 11- Schematic Design The Consultant will prepare the following plans and reports throughout this phase of works based on the Client approved Phase I work detailed above. a. Prepare 50% complete schematic plans in AutoCAD for prasentation/review with the Client b. Identify key typical and unique area plans for each roadway and Foundation property - Up to 9 enlargement plans of proposed typical improvements are provided for here c. Prepare a preliminary plant paretle for the improvement projects d. Refine and complete Schematic Design and key area enlargement plans e. Prepare opinion of probable cost estimates at 50% and final design delivery f. Prepare a final phasing plan of improvements for review with the Client III - Design Development WilsonMiller, Inc., will prepare the following plans and reports throughout this phase of work based on the Client approved Phase II work outlined above. a. Prepare 50% design development landscape and irrigation plans in AutoCAD and hand drawn enlargement plan areas for all major public roadways and Foundation lands b. Refine master plan and integrate into all scope areas for landscape, irrigation and other roadway corridor improvements including phasing recommendations 9I28i2009 - 214102 . Vr:;r. 2' - KMAN3AN OOO?!i-ND2.00S ~ LI='RE .213<10 Exhibit tI A" Page 3 of 25 Da~e. 9/30/2009 Time. 4.57 PM To. @ 2526300 Agenda Item No. 16F3 R&A Napl'ls Pax Octobsraqa,20($9 Page 9 of 33 C. Refine and complete Design Development landscape and irrigation plans and hand drawn key area enlargement plans d. Finalize phasing plan e. Finalize Opinion of Cost estimate for Design Development plans f. Finalize recommended plant palette 2.3. Public Street IFoundation Prooertv LiQhtinQ Recommendations - Phases I, II and III WilsonMifler, Inc., and our consultant team will prepare street lighting electrical audits, cost benef~ scenarios for a~emative lighting solutions and prepare recommendations to meet a power conservative, sustainable lighting solutions to include meeting night sky lighting criteria and, where cost effective and desired by the community, aesthetic fixture and pole standards for consideration. In evaluating the public street lighting, the Consultant will provide additional recommendations as to potential security and accent lighting in open space, public realm and viewing areas of the project. I - Initial Base Data Gathering and Conceptuat Design Reporting WilsonMiller, Inc., and the consultant team will provide the following reporting and supporting graphics for the following services: a. Prepare an electrical audit of existing fixtures within the current street lighting package b. Prepare cost benefit scenarios and payback timeframes for alternative fighting technology solutions applied to the existing system based on consultant recommended alternatives c. Identify and provide written and photographic observation of the operational street, pathway and accent light fixtures at locations within the Identified major streets, project open spaces and Foundation property; identify on diagrammatic master plan improvement strategies d. Identify suitable as well as undesirable existing lighting conditions e, Identify opportunities for aesthetic enhancement of poles and fixtures and provide cut sheets of options for review by the Foundation and PBSD f. Suggest preferred lighting package and solution for future improvement phases of work 11- Schematic Design The Consultant and team will prepare the following plans and reports throughout this phase of worles based on the Client approved Phase I work detailed above. a. Develop optional street lighting families of light fixtures: provide cut sheets and data catalogues of options b. Develop optional walkway and accentlighling families of light fixtures; provide cut sheets and data catalogues of options c. Review cost benefit analysis of each d, Prepare an Opinion of Cost estimate comparing each option along with a recommended phasing plan e. Confirm Dark Sky cnteria compliance of each option f. Prepare a lighting location and fixture replacement master plan based on 50% review of options and cost benefit considerations with preferred fixture solutions identified 111- Design Development The Consultant and team will prepare the following plans and reports throughout this phase of work based on the Client approved Phase 11 work outlined above, Ql2SlZ00g. '14102. VPor. 2'. ~NCAN oorJ75-hM'"J:2..('l)S . lPRE .. 21.\88 Exhibit "An Page 4 of 25 Datel 9/30/2009 Time I 4.57 PM To. . 2526300 Agenda Item No. 16F3 RU Naples Pax Octobe'r8\f~~ 20M Page 10 of 33 a. Prepare Design Development lighting location plans of approved light flxture family application by phases in coordination with the landscape and path way plans within community b. Provide lighting cut sheets with outline specifications 2.4. Sound Attenuations & Security Review for the US-41 Beon - Phases I, Il and III WilsonMiller, Inc., and our consultant team will provide review and recommendation of sound attenuation and security improvements along the length of the US-41 landscape berm that serves as the eastem boundary of the community. With the goals of both improved security and sound barrier treatment, we envision that the recommendations may serve both design elements at the same time or solve one issue more specifically than the other. The Consultant also recognize that the solutions may be best provided in combination as a series of solutions addressing both design issues for consideration of the Client. I - Initial Base Data Gathering and Conceptual Design Reporting The Consultant will provide the following reporting and supporting graphics for the following services: a. Collect and review field observations and design base data - review and comment on the conditions of the berm width and height, landscape planting, walls/fences. etc. b, Identify in writing and photographs items of concern along the berm length c. Identify optional methods of security and sound mitigation on diagrammatic master plan 11- Schematic Design WilsonMiller, Inc., will prepare the following plans and reports throughout this phase of works based on the Client approved Phase I work detailed above. a. Prepare Master Plan, 50% and filial Schematic key area plans of proposed landscape and hardscape improvements for the berm 1. Prepare typical electronic plans and hand drawn sections of methodologies identified, where this is a particular commercial item, provide product cut sheets and pictures of Its I1se 2. Noise level data collection is a potential additional service and not included within this proposal at this time. b. Prepare and opinion of cost estimate for the improvements c. Recommend and provide a specific plant palette that serves these design needs and that may be used to augment the existing conditions of the berm III - Design Development The Consultant will prepare the following plans and reports throughout this phase of work based on the Client approved Phase" work outlined above. a. Refine the master plan of entire berm length as required b. Prepare 50% and final Design Development key typical plans and sections of improvements on the master plan including recommended phasing of improvements c, Key typical and enlarged plans, sections and details to the master plan d. Prepare final berm plant palette e. Prepare opinion of cost estimate refinement 2.5. Pathway Imorovements Master Plan: Biking. RollerbladinQ. Walking & Jooaina - Phases I. II and III 1lI2fl12<)OO - 214102 - Yo.. 2 - KMANGAN 0007~N02.00S, LPRE. 213D5 Exhibit "A" Page 5 of 25 DatQ. 9/30/2009 Time. 4,57 PM To. @ 2526300 Agenda Item No. 16F3 RU NaplQS Pax Octob8paU.,,209f! Page Ti of 33 WilsonMiller, Inc.. will provide further recommendations to the use and separation where appropriate of the biking, rollerblading walking and jogging uses of the pathways and streets of the community and prepare a master plan of the improvements of the existing system and/or recommend the addition of pathways or other alternative routes for these facil~ies. I - Initial Base Data Gathering and Conceptual Design Reporting The Consultant will provide the following services and deliver in report and mapping fonnat the outcome of these services, conclusions to potential solutions to the issues observed or discovered and recommendations for moving forward into the next phase of works for review and approval of the Client. a. Bicycle ride and walk the existing pathways and streets, prepare written comments on fayout and usage patterns observed including supporting photographs of opportunities and constraints, issues, etc, and key these to an electronic master plan b. Identify in writing and photographs issues of width, ADA accessibiiity, landscape obstructions or damage, line and grade constraints, etc. c. Consider and recommend widened pathways where appropriate, materials and street furnishing additions, identify on diagrammatic master plan as to location recommendations d. Review of community desires, past reports and the Strategic Master Plan for earlier collected community improvement input and recommendations of improvements e. Prepare a series of master plan solutions as a whole facility improvement solution for the pathway uses on diagrammatic master pian 11- Schematic Design The Consultant will prepare the following plans and reports throughout this phase of works based on the Cfient approved Phase 1 work detailed above. a. Continue to develop Master Plan and prepare 50% and final Schematic Design level pathway design improvement solutions b. Prepare hand drawn typical plans and sectionl elevations for improvement solutions c. Prepare order of magnitude cost estimates at 50% and final plans delivery d. Integrate with traffic safety standards that are developing in task 2.7 beiow e. Review ADA compliance and recommend solutions to bring project pathway facilities into compliance f. Integrate and prepare improvement recommendations that are coordinated with task 2.3 Lighting above and 2.11 CPTED principals and security technologies below g. Refine and finalize system plans, sections, fumishings and material recommendations into a single master plan solution h. Provide samples of pathway material alternatives and cut sheets of proposed s~e furnishing improvements 111- Design Development WitsonMiller, Inc., wiJI prepare the following plans and reports throughout this phase of work based on the Client approved Phase It work outlined above. QI21l,:il0U9. 714102. Vet: 2 -Kt.4.o\NGAN 0007!)..N~.cDS. LP~ . ~':!oM a. Provide final master plan of approved streetscapel pathway layout, including recommended phasing and Design Development enlargement plans of specific areas with materials and furnishings indicated b. Prepare final typical sections/ elevations of proposed improvements c. Prepare Design Development level area plans of approved streetscapel pathway layout, Exhibit" A" Page 6 of 25 Date. 9/30/2009 T1mA. 4.57 PM To. 8 2526300 Agenda Item No. 16F3 akA NaplQ$ Fax OctobEtla~. 20Q9 Page 12 of 33 including enlargement plans of specific areas, with keyed sectionsl elevations! details d. Prepare final opinion of cost estimate e. Finalize report on safety, ADA, and CPTED strategies 2.6. Entry Monumentation and Slanaae to the Public Slreets - Phases I, II and III WilsonMiller, Inc., will prepare improvement recommendations and altematives for six community entries and entry monuments to each of the public streets. These ideas will incorporate the existing Pelican Bay branding into the improvement concept development. I - Initial Base Data Gathering and Conceptual Design Reporting Wilson Miller, Inc., will provide the following reporting and supporting graphics for the following services: a. Review existing conditions and design of the six Main Entry Enhancements areas b. Review existing conditions of intemal streets for monumentatlon and signage opportunitiesl constraints C. Confirm locations of Improvements and underi0ng ownership of lands d. Review PUD standards and local County codes and regulations for improvement processes within road rights of way, etc. e. Report on the above conditions and standards found with recommendations of strategy and procedures for monument Improvements on diagrammatic master plan 11- Schematic Design The Consultant will prepare the following plans and reports throughout this phase of works based on the Client approved Phase I work detailed above, a. Create 3 unique hand drawn typical options for entry and roadway monuments improvements b. Prepare plans, sections and elevations for 50% and final Schematic Design including three computer generated before and after still simulations - one of each typical unique option c. Prepare order of magnitude cost estimates at 50% and final Schematic Design d. Provide written recommendations of design alternatives and standards to all public streets e. Provide written recommendations and design altematives for interior community parcel sign age that support way-finding and CPTED standards f. Review and provide written recommendations on community way-finding signage g. Provide written review on PUD/County standard applications to proposed Improvements at 50% and final Schematic Design 111- Design Development WilsonMiller, Inc., will prepare the following plans and reports throughout this phase of work based on the Client approved Phase II work outlined above. 'Gr'28l2009 ~ Z14'D2. Vet'".:2 ~ KMANGAN 0007S.ND~-(JO$. ~Ii a :11:mo: a. Prepare 50% and final preferred main entryl monument Design Development plans with dimensions and material call outs keyed to plans b. Prepare intemai monument Design Development sections, elevations and details keyed to plans c Prepare location, message key, viewing faces and signage phasing plans d. Prepare order of magnitude cost estimate refinement by recommended implementation phase at 50% and final Design Development Plans Exhibit It A" Page 7 of 25 Date. 9/30/2009 Time. 4.57 PM To. @ 2526300 Agenda Item No. 16F3 R&A Naplell l"ax OctobEtfa~~1 20Q9 Page 13 of 33 2.7. Communitv Traffic Calmino and SafelY Recommendations - Phases I and II The consultant will develop recommendations and a master plan for providing traffic calming and traffic safety within the public streets, intersections and cross walks within the community. Additionally, traffic calming strategies will be reviewed with Collier County transportation design and operations criteria in mind and advise the Client of the available options and alternative improvement designs that are available. I-Initial Base Data Galhering and Conceptual Design Reporting WilsonMlller, Inc., and the consultant team will provide the following reporting and supporting graphics for the following services: a. Review of Major Corridor Street Network - The Consuftant will compile a diagrammatic master plan exhibit of roadways and pathways that can be utilized in further evaluating options for safety, traffic calming, and pathway network improvements. 1. Facilities will be characterized by their function and by the ownership/maintenance responsibility 2. Roadway and bike/pedestrian facilities interactions will be examined for existing or potential conflicts. Public records will be reviewed to identify any safety/accident pattems 3. Existing and potential new crosswalk locations, including mid-block crosswalks will be examined/evaluated for further consideration. Options for signing. marking, and lighting will be considered and coordinated with sections 2.5 and 2.11 of this proposal 4. Roadway characteristics including cross-sections, design speed/posted speeds/actual speeds will be evaluated. Speed data Will be collected at appropriate locations 5. An evaluation of current use of facilities will be made, including vehicular and non-motorized modes, to the exlent practical 6. Data Collection is proposed here as an additional service at this time and is not accounted for in the proposed fee structure attached - In order to evaluate all of the movements of vehicles into and thru the community it would be necessary to conduct a comprehensive traffic count program. We would recommend 72-hour machine counts at all major access points and several mid-community locations in order to properly Quantify the traffic utilizing the public roadways within Pelican Bay. Because the initial data gathering exercise would occur during "off-season' 2009, it will be necessary to return to several select locations to gather similar counts during peak-season 2010 in order to develop factors that can be used to estimate season traffic from off-season data. We intend to use localized and most recent data available for the improvement recommendations however this Information would be required prior to the design and implementation of traffic calming standards b. Neighborhood Traffic management- Collier County has an adopted Neighoorhood Traffic Management Program that establishes traffic calming evaluation procedures for use on both public and private roadways. Wilson Miller, Inc., will evaluate that procedure for application in Pelican Bay, and after discussions with County Transportation Staff, recommend an approach to evaluating traffic calming initiatives that may arise. 1. As part of a recommended procedural approach, the Consultant will develop a ~6I1lm. .<1410Z - Ver, 2 . <MANGAN llOO"~2-aJS ~ lPRE & 11;JCtl Exhibit" A" Page 8 of 25 Dace. 9/30/2009 Tim.. 4.51 PM To. @ 2526300 Agenda Item No. 16F3 UA Naples Pax OctobEtfa~~J 2QQ9 Page 14 0(j3 recommended selection set ot viable calming devicesltechniques for consideration, Including such techniques as roundabouts. raised crosswalks, lane width reduction. slgnage, policing, etc. for all traffic use within the roadways. c. Agency Coordination - The Consultant's Planners and Engineers will coordinate with Collier County Transportation Division, including those departments responsible for work in the public rlghts-ot-way. sidewalk and bicycle facility planning, traffic operations, traffic calming (neighborhood traffic management), and to the extent necessary law enforcement and emergency services providers. d. Sight Visibility Studies - During data gathering and reconnaissance exercises, WilsonMiller, Inc" wilL.be identifying and evaluating existing conditions related to site visibility/distances at intersections. to include the public streets and public street intersections. This information wlll be coordinated with the landscape master planning improvement recommendations as outlined in Item 2.2 above. e. Provide a written report of the findings and graphics generated from above 11 - Schematic Design The Consultant will prepare the following plans and reports throughout this phase of works based on the Client approved Phase I work detailed above. a. After carefully evaluating the existing conditions, WilsonMiller, Inc., wlll consider the various options that would be effective in advancing traffic calming in~iatives. Schematic design phase activities includes the following steps: 1. Create 4 - 5 key area hand drawn concepts for improvements and locate on an electronic master plan of the community 2. Establish a Neighborhood Traffic Management Program Study Approach 3. Provide a preliminary opinion of prObable cost 4. Identify potential funding options/respon.sibilities b. As provided for In Stage One. this continuing effort will involve coordination with Collier County Transportation Departments responsible for the neighborhood traffic management program, work In the public rights-of-way, and traffic operations, as well as law enforcement and emergency services C. Coordinate with key area landscape, lighting and hardscape improvement concepts 11I- DesIgn Development WilsonMiller, Inc., will prepare pathway and crosswalk improvements as part of section 2.5 above or 2.11 below. Q.781:lOOO - 210t UI2 - Vet: 2 - KMA-NGAN 00015--NO'!.OOS. ~..2'~ Based on the need for traffic data collection stated above and 8 better understanding of County design standards and community options for traffic design/operations provided through the end of Schematic Design, we suggest that only a strategy and direction of roadway improvements be developed at that time. This will allow the proposed roadway improvements that are desired by the community to be added at a later date to this or a separate contract 50 that all necessary data collection. scope of service, design and operational standards as well as funding mechanisms are better understood. Design Development improvements for roadway design and traffic operations are therefore not included ExbibJt "A II Page 9 of 25 Date. 9/30/2009 Time. 4.57 PM To. @ 2526300 Agenda Item No. 16F3 R&A Naples Pax OctobE1ta~,' 2009 Page 15 of 33 herein. 2.8. Communltv Park Des1ination Improvement Plans - Phases I. II and III The Consultant will provide recommendations, master plan and site plan graphics for modifications of the putHic park areas of the Foundation grounds so as to encourage greater participation in the parks as destinations within the community. Parks that are not on Foundation lands such as the County Park ~ocated on Vanderbilt Beach Road are not included in this proposal. I-Initial Base Data Gathering and Conceptual Design Reporting The Consultant will provide the following reporting and supporting graphics for the following services: a. Prepare a qualitative site inventory all existing parks and park elements on a diagrammatic master plan b. Review Strategic Master Plan community comments and plan recommendations of park improvements c. Review and report on similar park situations for the potential addition of desired elements. facilities, activities and user roles; match these to earlier reported community user preferences d. Review and report on connectivity, safety, visibility, site furnishings, landscape and irrigation of the existing parks e. Provide recommendations of potential pari< improvements for approval of the Client and inclusion in the Schematic Design package of drawings 11- Schematic Design WilsonMlller, Inc., will prepare the following plans and reports throughout this phase of works based on the Client approved Phase I work detailed above. a. Prepare written recommendations on park design solutions and prepare hand drawn individual park site plan options b Prepare Master Plan of Public Parks indicating the unique and distinguishing characteristics of park improvements and locating the individual keyed in site plans c. Prepare order of magnitude cost estimates d. Prepare 59% and final Schematic Design park improvement plans 111- Design Development WilsonMiller, Inc., will prepare the following plans and reports throughout this phase of work based on the Client approved Phase II work outlined above. a. Provide 50% and final park Design Development level improvement plans and details including landscape, irrigation, lighting, site furnishings and recommended phasing of improvements b, Prepare 50% and final Design Development opinion of cost estimates 2.9. Community Berm and Boardwalk Improvement Plans - Phases I. II and III The Consultant will review the Strategic Master Plan report to consider and develop recommendations to increase the capacity and safety of movement of pedestrians and vehicles along the COmmunity Berm and boardwalks that are paraliel to and cross Clam Bay. This will involve a series of recommended improvements within the master planned lengths of the Community Berm and Boardwalks to the Community beach facilities. t1r.&'~. 21.,00. Ver- 2 - KMANGA/Il OOO'T~N02.005. tPA:~ _ '1~ Exhibit" At! Page 10 of 25 Date. 9/30/2009 Time. 4.57 PM To. a 2526300 Agenda Item No. 16F3 UA Naples Fax Octob~~~l2009 Page 16 of 33 1- Initial Base Data Gathering and Conceptual Design Reporting WilsonMiller, Inc., will provide the following reporting and supporting graphics for these services: a. inventory berm and boardwalk elements including widths, user elements, and environmental situation and note findings on a diagrammatic master plan. The Consultant will direct a survey crew to collect two cross sections of the berm and set MHW stakes at the toes of the berm at the section locations. b. Review Strategic Master Plan and Its back ground data for suggestions. feedback from the Community for potential improvements c. Review of existing State and Federal wetland permits, Water Management District and Development Order for improvement options or potential d. Review Strategic Master Plan berm improvement ideas for conformity to permits e. Identify issues of concern and plausible improvement designs within limits of existing permits; identify strategic issues and timeframes required for works beyond existing permits 11- Schematic Design WilsonMiller, Inc., will prepare the following plans and reports 1hroughout this phase of works based on the Client approved Phase I work detailed above. a. Develop a master plan of the locations and key areas of potential berm improvements b. Prepare altemative berm expansion typical electronic plans and hand drawn section drawing solutions and key these to the Master Plan c, Review and comment on appropriateness of solution regarding existing permitting or potential permit activities in best to worst case type scenarlos, This will be a qualitative review to help identify the more aggressive to the least aggressive approaches. d. Identify permitting processes, if any, required for berm and boardwalk improvement issues e. Provide order of magnitude costs for both constructJve works and permitting fees 11I- Design Development WilsonMnler, Inc., will prepare the following plans and reports throughout this phase of work based on the Client approved Phase II work outlined above. a. Prepare berm and boardwalk improvement Design Development plans including sections and details where necessary to meet the permit and improvement strategies approved by the Client at the end of Schematic Design b. Finalize Master Plans and keyed plans, Identify phasing solutions and prepare 50% and final Design Development plans and opinions of cost for these improvements c. Develop plans and details to a pre-permit level of documentation 2.10. Public Arts PrOQram - Phases I and II (Phase 1I1 is not part of this proposal) The Consultant will develop and prepare recommendations for the addition of Public Art into the Community. I-Initial Base Data Gathering and Conceptual Design Reporting WilsonMiller, Inc., will provide the following reporting and supporting graphics for these services: a. Identify and prepare a diagrammatic master plan of potential areas within roadways/foundation g,~&I2OOQ . 21..4 102 - Vef'. , & KMANC...N ODD75-NQ2-DOS. .LJlIftE. - 21360 Exhibit TI A" Page 11 of 25 Date. 9/30/2009 Time. 4.57 PM To, g 2526300 Agenda Item No. 16F3 RliA Naples Fax Octob~~ i 2000 Page 17 of 33 property for integration of public art - note the land ownership of each location proposed b. Provide model community codes and identify funding initiatives that support the addition of art into the Community C. Identify local participating interests and funding opportunities for this program 11- Schematic Design WilsonMlller, Inc., will prepare the following plans and reports throughout this phase of works based on the Client approved Phase I work detailed above. a. Complete master plan of art placement areas b. Prepare a draft of the Pelican Bay public art code and application process c. Provide aJis~ and contact information of identified funding opportuniUes and initiatives for the public art program 2.11. New Technolooies MastE!f. Plan - Phases I. II and III The Consultant will develop and prepare recommendations for the addition of employing new design concepts or technologies for enhancing the safety and security of the Community. This will include CPTED reviews as well as the addition of technology into the parks and open spaces of the Community so as to enhance the safely and security of the residents and the pathways and parks users. In order to recommend potential counter-measures that improve safety and security within the community, it is critical to better understand the current level of security/safety with the community, and what and where problems exist. I-Initial Base Data Gathering and Conceptual Design Reporting WilsonMiller, Inc., will provide the following reporting and supporting graphics for these services: a. Working with law enforcement and County Transportation staff, WilsonMiller will conduct a review of existing site conditions to analyze safety/security needs; opportunities and constraints with these agencies b. Provide a written site review of existing site conditions to analyze safety/security needs; opportunities and constraints and diagrammatically key the findings 10 a master improvement plan c. Review CPTED principals and measures employed in the Community and advise as to additional principals to include d. Review and present new technologies in safety and security 1. Cameras, crosswalk flashing reflectors, way-finding signage, on-demand lighting, solar powered equipment, emergency call buttons, etc. e. Develop a diagrammatic master plan as a framework for locating the use of new technologies II - Schematic Design WllsonMiller, Inc.. will prepare the following plans and reports throughout this phase of works based on the Client approvw Phase I work detailed above. a. Prepare a master plan of technology use installation locations b. Provide cut sheet and other data information on the technological systems presented c. Prepare order of magnitude cost estimates 10 import the technologies into the community 0I2$f.2000~ 21-4102.. Vef"'" iOAAN:j;.I\N 0007$.N02.0CS. LPR:E . 2nM Exhibit tl A " Page 12 of25 Date. 9/30/2009 Time. 4157 PM To. . 2526300 Agenda Item No. 16F3 UA Naples Fax OctobEnti, 2009 Page 18 of 33 111- Design Development WilsonMiller Inc" will prepare the following plans and reports throughout this phase of work based on the Client approved Phase II work. and selected first implementation phase technology measures as outlined above. . a, Prepare a Master Site Location Plan of technology uses, installation locations and recommended phased implementation b. Prepare 50% and final Design Development level site specific plans for the first phase technology Improvements c. Key sije specific plans into the Master Site Location Plan d. Provide cut sheets and oulline specifications on the technological systems presented e. Prepare opinion of cost estimates to import the first phase technologies into the c;Qm_munity 2.12. Tram Stations 4. 5 and 8 Improvement Plans - Phases I. II and III The Consultant shall deliver recommendations and suggestions to improve general use conditions and provide greater weather protection at the drop offs and tram station locations for passengers alighting from automobiles. I-Initial Base Data Gathering and Conceptual Design Reporting WilsonMiller, Ine., will provide the following reporting and supporting graphics for these services: a. Review alternate design options for weather and climatic protection 1. Suggest new/replacement materials, structural elements. architectural style b. Prepare hand drawn site plan sketches of site solutions c. Propose written and in conjunction with the site Improvement corresponding hand drawn architectural modifications or additions d. Prepare order of magn~ude cost estimates for the recommendations II - Schematic Design WilsonMmer, Inc., will prepare the following plans and reports throughout this phase of works based on the Client approved Phase' work detailed above. a. Refine design options for weather protection including materials, structural elements, architectural theme, etc. b. Refine order of magnitude cost estimates c. Prepare electronic site plans and hand drawn elevations to depict the character of preferred design concepts 111- Design Development WilsonMiller, Inc., will prepare the following plans and reports throughout this phase of work based on the Client approved Phase II work as outlined above. 112&'20011 . 214102 . Vei. .2 ~ KMANGAN OD075-NQ2..fCS . LPJ;:E - 2'136f11 a. Prepare 50% and final Design Development s~e drawings and thematic elevations/sections of architectural improvements for the tram station sije improvement packages - recommend phased approaches to implementation where appropriate. b. Provide Outline Specifications and any cut sheet data for specific products proposed in the use of the station upgrades c. Prepare an order of magnitude cost estimate of these improvements Exhibit t! A tl Page 13 of 25 DatG, 9/30/2009 TimGI 4,57 PM To. @ 2526300 Agenda Item No. 16F3 tH<A Naples Fax OctobE\CaU~ 2Q.Q9 page'1j of 33 2.13. Involvinq the Community: Education and Communication - Phases I, II and III I -Initial Base Data Gathering and Conceptual Design Reporting A 1. Foundation Planning Committee Kick-off - Beginning of Conceptual Design . Reconfirm program · Provide Base Information to and past survey data to the Consultant team . Review Schedule and Delivery Expectations . PBSD Workshop A2. PBSD Administrator and Board Member lnclividuallnterviews · Review Process Expectations and Sched ule with Administrator of PBSD · Ha~ Hour Individual Meetings with PBSD Board Members - Provide each a copy of the Strategic Master Plan Report -Advise on the Process Expectations and Schedule -Allow each to comment on concerns: personal & constituents A.3. Meet with Foundation and PBSD staff members · Review project work areas for use, operations and maintenance interests · Review current Community facilities, operations and maintenance practices and future goals of each where planning and design can benefrt and contribute to success of meeting those goals A4. Update Meetings with the Foundation Planning Committee - 30 and 60 % Conceptual Design · Outline findings and Public Education Agenda/Process . Adjust and respond to review comments in writing; allow for final feed back and notice public meeting · Finalize Public Education Meeting Agenda and hoid meetings noted in AS AS. Provide Two different, 2 hour time frame, same day Educational Meetings to Community · Report oul on Conceptual Design Phase findings - 90% Conceptual Design · Provide collateral and eduoational material reference to issues · Q and A; Present outline agenda for 50% Schematic Design Meeting · Foundation will tape the presentation and play on their Community Video Channel A6. Update Meeting with the PBSD Administrator and Board · Executive Summary and Briefing to the PBSD Administrator - 95% Conceptual Design · Presentation of Ai through A5 to the PBSD Board · Q and A; Present outline agenda for 50% Schematic Design Meeting A7. Provide Final Conceptual Design Booklet to the Foundation Board and Foundation Planning Committee II - Schematic Design B1. Foundation Planning Commitlee/PBSD Workshop - Initial Design Review at 45% · Review progress of schedule and plan solutionslfindings · Comment on Design solutions to date! Go-NoGo variety of solutions gn~.2'4'CO!'..Vfi 2- ~MANG.,N OOC7.s-N02-00S. LPRE _ 21'M6 B2. Pelican Bay Community Workshops - 50% Schematic - Advertised Public Design Meeting · Engage in workshop format with primary Issues identified and represented at table Exhibit" A II Page 14 of 25 Date. 9/30/2009 Time. 4157 PH rOI ~ 2526300 Agenda Item No. 16F3 RG.A Naples Fax OctobE!'a~,1 2009 Page 20 of 33 locaUons within the workshop room for community feedback on early design options, contribution by the community of their ideas and working side by side to address all issues pertinent to the community. · Memorandum report back to the Foundation Strategic Planning Committee results of this workshop and community favored approaches to each initiative. 83. Update Meeting w~h the PBSD Administrator and Board · Executive Summary and Briefing to the PBSO Administrator - 50% Schematic Design · Presentation of B1 and B2 to the PBSD Board · Q and A; Present outline agenda for Final Schematic Design Meeling · Executive Summary of PBSO Meeting to the Foundation Board 84. Foundation Planning Committee - Design Review at 90% · Review progress of schedule and plan solutionstfindings · Comment on Design solutions to date/ Go.NoGo variety or preliminary costs of solutions 85. Pelican Bay Community Presentation - 95% Schematic Design Advertised Public Meeting · Present in a community wide forum the proposed solutions and preliminary cost data for the conclusion of Schematic Design with a Community prioritization check-off process for indication of preference of improvements for Design Development work. · Report back to the Foundation Strategic Planning Committee results of this workshop and community favored approaches to each initiative in report and graphic form. 86. Update Meeting with the PBSD Administrator and Board · Executive Summary and Briefing to the PBSD Director - 95% SchematIc Design · Presentation of 84 and B5 to the PBSD Board · Q and A; Present outline agenda for Design Development B7. Provide final Schematic Reports and Drawings to the Foundation Board and Foundation Planning Committee · Submft dellverables to the Committee · Issue Project Newsletter to the Community · Review Design Development contractual assumptions and advise the Foundation of any issues regarding scope. schedule and olher contractual elements that may have adjusted through the course of the Conceptual and Schematic Design process. 111- Design Development C1. Foundation Planning Committee and PBSD Worksho/>-- Initial Design Review at 45% · Review progress of schedule and plan solutions/findings · Comment on Design solutions to datel Go-NoGo review of solutions and opinions of cost · Issue newsletter to the community as a status update of works C2. Update Meeting with the PBSD Administrator and Board - suggest public advertisement of project update · Executive Summary and Briefing 10 the PBSD Administrator - 50% Design Development · Presentation of C1 to the PBSD Board · Q and A; Present outline agenda for Final Design Development Meeting · Executive Summary of P8S0 Meeting to the Foundation Q/'2tuOlOOlil . n' I O~. Vw~ ~ . I<MANGAN OOOT5.N02.0DS. lPRE. 21300 C3. Foundation Planning Committee - Design Review at 90% · Review progress of schedule and plan solutions/findings Exhibit "A" Page 150f25 Date. 9/30/2009 Time. 4.57 PM To. @ 2526300 Agenda Item No. 16F3 Rl<A Naples Fax Octoberaqe I 2009 Page 21 of 33 . Comment on Design solutions to datel Go-NoGo review of improvements and/or opinion of costs of solutions C4. Pelican Bay Community Presentation - 95% Design Advertised Public Meeting . Present in a community wide forum the status of final improvement solutions and opinions of cost data for the conclusion of Design Development. . Report back to the Foundation Strategic Planning Committee results of this workshop and community response to each improvement initiative in report and graphic form. C5. Update Meeting with the PBSD Administrator and Board - suggest public advertisement of project update. . Executive Summary and Briefing to the PBSD Director- 95% Design Development . Presentation of C4 and C5 to the PBSD Board . Q and A; Present outline agenda for Design Development C6. Provide final Design Development Reports and Drawings to the Foundation Board and Foundation Planning Committee . Submit deliverables to the Committee · Issue Project Newsletter to the Community . Prepare recommendations for new services and initiatives within the improvement planning process In addition to the above procedures for updating of the Community and review and sign off of the Client of the works, the following communications will be employed on an as needed basis or at a minimum on a Biweekly and Monthly basis as outlined to include the following: Biweekly - Notices and updates of the in-process progress and upcoming events by the consunant through established Pelican Bay Foundation Communication mechanisms. Monthly - Project Newsletter by the consultant and always upon conclusion of each phase of work. - Web initiated update of project findings, facts and graphic exhibits, supported by the consultant and web site by the Client. Information will be made available after review by the Strategic Planning Committee. Opportunities for E-comments and suggestions will always be made available to a host location of the consultant or to the Foundation Planning Committee. 3. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1. No permitting activities are provided for within this proposal/contract for these works. While activities may involve meeting with Permitting Agencies and their representatives in an effort to gain understanding of potential issues and parameters that may exist with in potential community improvement solutions and their implementation; permit drawings, applications, etc. are not included in this proposal. These services may be added to this contract or provided under a separate contract if the Foundation deems these services necessary. 3.2. Wilson Miller has endeavored to provide the appropriate level of specific and projected services required by this proposal considering the time to deliver on the scope processes and tasks outlined herein. We understand that as we move through the improvement studies with the Foundation and the Community, it is likely that some understandings and assumptions of long lead elements of study may prove to be either needed in greater and varied detail, or potentially undesired at this time, and we are prepared to re-evaluate this proposal and our contract at the conclusion of the Schematic Design phase in order to ~'28120ClQi. 414102. Ver: 2 - K~ANG"N 0007S.-N02.0aS. LPRE. ~1:Mi6 Exhibit "A" Page 16 of 25 Date, 9/30/3009 Time. 4.57 PM To. @ 2526300 Agenda Item No. 16F3 RliA Naples Fax Octob&aqa,2oo9 Page 22 of 33 make the appropriate adjustments needed prior to producing the works and deliverables outlined in the Design Development phases of work. 3.3. Ughting design services outlined herein will not include the design of and for points of connection, wiring, metering, lighting controls, conductors or other requirements of an operational lighting design package. The works herein specifically address location, aesthetics and functional aspects of the street lighting package. 3.4. We have assumed that boundary, topographic and tree surveys exist for the project areas and that these include existing improvements of roadways, pathways, lighting and utility locations both above and below ground. In the case that tree surveys do not exist, we assume that the landscape design plans for the area(s) are available and match existing conditions. Survey services are not included in this proposal unless specifically indicated by section of mrk above. These additional services can be made immediately available should they be required. 3.5. Architectural and structural design services for buildings and tram stations are not included within this proposal. 3.6. Complete ADA accessibility assessment Is not part of this proposal or ils associated contract. The pathway and crosswaik elements contained herein will receive a cursory ADA review and recommendations to become compliant where observed to be otherwise. Given the extent of the property and the potential set of issues by facility and community wide, we recommend a separate audit be undertaken of this issue outside of this proposal, Wilson Miller can provide this service for site related elements, and could recommend service providers for a facilities audit. 3.7. Generally, Design Development plans and plan elements will be generated in AutoCAD. 3.8. Appropriate drawing scales will be used at all phases of works. 3.9. A collection of all Phases of work wiD be bound and delivered to the Client at the end of each phase of work including an executive summary with each report. With Phases II and III, printed drawings will also be provided. Phase III will be delivered in two parts, once at 50% and once at final design. One electronic submission in pdf form and six hard copies wid be delivered at each stage of works. In general, the improvement planning and design process will continue to refine eariier stages of works as we proceed into subsequent phases of worK providing more detail to improvement solutions, operations and maintenance recommendations and BMP's as the works evolve. 3.10. Up to a six month time frame to complete the works Qutll ned above is estimated for this proposal. This time table is provided as part of an appendix 10 this proposal. Exhibit tt A" Page 17 of25 Q/28f'200Q. 2....'C1~. Vw; 2.1(MANO_N 00075-N02~OCS. L~ _ 21388 Date. 9/30/2009 Time. 4.57 PM To. @ 2526300 Agenda Item No. 16F3 RU Naples Fax OctobEPaqal 2009 Page 23 of 33 This area is intentionally left blank and the fee schadu1es for this proposal begin on the following page. Exhibit "A" Page 18 of 25 Str.!l1'Ztu9 -;z,,,,oz - Ver. 2 - KPJollJ\JGAN 0007S.H02-00S~ lPRE. 21~6:!I Da~QI 9/30/2009 T~Q. 4.57 PM TOI a 2526300 Agenda Item No. 16F3 UA Naples Fax Octob~'8~ 2009 Page 24 of 33 4. FEES The fixed fees and costs for this SCOPE OF SERVICES are as follows: FIXED FEE BREAKDOWN BY PHASE .. "'''<I'' ..~'IHIII'! Il"'~' ... . . " "', "U ,1H ~:'.~' , .; ~"..;-.o.-. . "!'i:i':V'I'l:,i' ..:- ::-.::.,,; ,'" .;." '..,' . . . I ., i' ;~" ',' ',' ;. ~, ~- .~: . "0 ':~ : t;!' Icl!f::r . , . -i!l ;~: ;t:: '! J "F t '~~ I' t .~:' l lL;: I~:) :'._ . '~~~!I'~J~ '~~~.'i~ j~. ~ ~ t: " I ; I, " I _ _': ~ -: 1'1 " 1'1 'I}' 1!'lli ~ . : '. I "'.. ... . I II : ;1 ~ . - _.11 ~,..(.t.l II I itl, ; , " +; t . <'_.'" '.';I'I'r 'J, I .( I . - I'" ;Jr. ,; . _'H' ~1 .', 'j;:1 . .Jj.t,~~ti;\;':lj' .t .h '.' '1"- ~'r'.: ':',J . ",' J 11~.I11 ' '. '. '. ,,,.,, ,,,,; " " ','Iii I. :' . ...., -'c., .:.,~ .1=I;1;.!,t 1.,1..'1',,111.... '"J d..,,, """'" .,", _.. ~ . j i ,f:ill"',_: 1~;1!.!lt~; I "",:.~,,:_~' '_._ ..;_ ~ ..,. ~ ~ t I ~ i" I ~ '_..~__,,;J ""' ,I 2.1 General Services and Review of Standing Development $6,660 $0 $0 $6,660 Orders, Permits and Codes - 2.2 Master Streetscape Plans for Landscape and Irrigation - $11,800 $24,385 $24,385 $60,570 Phases I, II and III 2.3 Public Street IFoundation Property Lighting $3,600 $2,500 $1,500 $7.600 Recommendations - Phases I, II and III 2.4 Sound Attenuations & Security Review for the US-41 $2,430 $2,745 $2,745 $7,920 Benn - Phases I, II and III 2.5 Pathway Improvements Master Plan: Biking, $4,860 $7,780 $7,780 $20.420 Rollerbladlng, Walking & Jogging - Phases I. II and III 2.6 Entry Monumentation and Sign age to the Public Streets $1,790 $4,710 $4,830 $11.330 - Phases I, II and III -- 2.7 Community Traffic Calming and Safety $13,650 $0 $24,350 Recommendations - Phases I and II ( Phase III roadway $10,700 design is not part of this pmposal) 2.8 Community Park Destination Improvement Plans - Phases $3,450 $3,380 $5,380 $12,210 I, II and III -, 2.9 Community Berm and Boardwalk Improvement Plans - $5,510 $8,625 $4,315 $18,450 Phases I, II and III 2.10 Public Arts Program - Phases I and II (Phase III is not part $2,170 $1,410 $0 $3,580 of this proposal) 2.11 New Technologies Master Plan - Phases I, II and III $1,965 $2,440 $1,885 $6,290 -- -_. 2.12 Tram Stations 4,5 and 8 Improvement Plans - Phases I, II $2,880 $4,665 $4 ,665 $12,210 and III .-..- -- 2.13 Involving the Community; Education and Communication - $10.500 $14,500 $7,000 $32,000 Phases I, II and III Reimbursable Expenses $1 ,200 $1,000 $1,000 $3.200 Subtotals $69,515 $91.790 $65,485 TOTAL $226,790 Exhibit "All III28I2OQg ~ 214102. Val': ~ - KlMNCAN Page 19 of 2S Da075-N02-OOS . L~ .. 213M Date. 9/30/2009 Time. 4,57 PM TO. @ 2526300 Agenda Item No. 16F3 Rr.A Na.ples Pax Octob~<t/O, 2009 Page 25 of 33 PROPORTIONATE SHARE of FIXED FEES and COSTS BREAKDOWN 2.2 - 20180 2.3. 20180 2.4. 10010 2.5 - 50150 2.6. BOi2O 2.7. 5Ol50 2.8 - 10010 2.9. 100/0 2.10-10010 2.11- 50/50 2.12. 100/0 2.13 - 50150 Reimburse- abies Subtotals $38,894.50 TOTAL PBF = Pelican Bay Foundation PBSD = Pefican Bay Services Division 5. ACCEPTANCE AND AUTHORIZATION TO PROCEED 5.1. Assiqnment This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of Services by Consultant, without the written consent of the Consultant. 5.2. Pre-Payment The Cfient will make an initial payment of $ 10,000 upon execution of this Agreement, prior to service commencement This pre-payment shall be held by Wilson Miller and applied to the final invoice for the 9f2&f2009~ 21"102~ v.,. :2. KMAACAN O00'/6-N02-<Di5 . LPRE . 21360 Exhibit" A" Page 20 of 25 Date. 9/30/2009 Time. 4.57 PM To. @ 2526300 Agenda Item No. 16F3 RU Naples Fax Octobeta~,. 20lJ9 Page 26 of 33 project services. 5.3. Payment Schedule 5.3,1. \NIlen professional services rela"ng to the design and permitting process are performed for a fixed fee, fees shall be billed monthly for the project portion completed to the billing date, Full payment of the fixed fee associated with that permit application or deliverable shall be due to WilsonMiller prior to the submission of each permit application and/or deliverable to the respective governmental agency(ies) or CHent. 5.4. This ProposaVAgreement is open for acceptance by Client through October 15.2009, after which It may be withdrawn by WilsonMiller and may be subject to re-negotiation. 55, If this Proposal/Agreement satisfactorily sets forth Clienrs entire understandingof the agreement, please sign the enclosed copy of this agreement in the space provided, initial the General Terms and Conditions attached and return these to WilsonMiller as authorization to proceed with the work. 6. Owner/Client Authorization I HEREBY CERTIFY that Pelican Bay Foundation. rnc. has entered an Inter-local Management Consultant agreement with the Board of County Commissioners of Collier County through their Pelican Bay Municipal Service Taxing and Benefit Unit (PBMSTBU). Both Collier County and the Foundation are the Owner's of record of Ihe properties that are the subject of this planning services proposal with co-interests in the performance of these services. I hereby authorize the performance of the services as described herein and agree to pay the charges resulting thereby as Identified above in accordance with the attached WilsonMiller Business Terms and Conditions. I also acknowledge that I have read, understand, and agree to the WilsonMiller Business Terms and Conditions attached hereto and made a part of this Agreement. I warrant and represent that' am authorized to enter Into this Agreement on behalf of Pelican Bay Foundation, Inc. and the PBMSTBU. Accepted this _ day of ,20_. Jim Hoppensteadt President End: Wilson Miller. Inc. Business Terms and Conditions Wilson Miller Rate Schedule Attached: Appendix of Proposed Schedule and Flow Chart of Works by Phase Exhibit" A" Page 21 of 25 W2f11~OO9 ~ ~14 102 - ver: 2: ~ ~MANGA.N 00075-l'lO"l-<lOS. ~PRE. ~')G5 Date I 9/30/2009 Time. 4.57 PM @ 2526300 TOI RliA NaplElIl Agenda Item No. 16F3 Pax Octob~'V~: 2009 Page 27 of 33 WILSONMILLER, INC. BUSINESS TERMS AND CONDITIONS These Busin... Tetm!o and Condlllon. "'. al!ached 10. anll ""'de a part 01. Proposal. and Agreements let: seJV1Ct,' by WllSONMILLER. INC.. referred te herein as the 'Design Prole..io",." I. Irlonnotlon from ellelll The Oi"'" oh&l p...:",ide all intormalion ~ably requesled by lhe De5i9" Professional including, Ilut nOl. ne<:e5-Sarily nrrjle<! 10, ....pporlin9 Inlor'T'OlUon. eldr80rdlnary project cc:nsidcrlltlOn., .pedal ervtCEl8 reQuired, oeed&, .""""",MS. righls 01 way, and an other inlormatlon reqU8$led by Ihe Pcs<~ Prol0$5i<>n-' In O<de< for it 10 p"'"de Ih. >eN;C.' described In mil IIQree"",nt The :'>e5iYll Profe$~iDrl81 shall be enllUed 10 rely upon !uc::h InforTnation. rlnd shall have no Ilablliry &5 21 resull of an~ maCCUf3C)' or inc~l~ene!s or any suCh Informaton. 2. BlIlin~ and Paymentl Fixed ""'. 0/1011 bo billed OlOnlhly lor lllat portIOn d the DeSIgn ProlesSlon.... ..,rVlces rendered tIlrough tno blUing dBte, plus reirrilursable e.pen.os. TirnollMtori8i ,TM) tees shall b. billed rron1hly ""sed on the lim. and mate,ialS incurred \0 Ihe IlIIling dat<!, ~ue ",mbur68ble _nsos. Chenl agr0e5 10 carerully read all DillIng InVl>..".,.taleIn901s and promplly nolily WiloonMlller, i, wnlinG, oIll1lY C1airrod errors r>r dlscrepencies, \Villlln ftMeen ('5) days Ir<YT1lh9 d3~ cI .... itlvoioe/s1alemenl. ~ Wilson"'lIer does 1'01 ~ear from Cl'ent In wntlng, it is presurT'll!d thai Clie" agrees wilh COlT_eos. ",ocumey, artd fein'le$$ 0I1l1& billing InVOlcelsl;Jle......nl. :should Ihe scope of ttle wort< be Increased. Cllenl sg''''' la "" Ir>creuo In tne fee booed on lha incroased respo","bility asourr..d, lime to be e""onded, and liability 10 be incurred. A TII-,I..lImal.. ir ~"oV1cle<l. IS a good I"l~ eoU"",!e lor InfOlTOObOn purposes only, ard urder no CircurrGtan"". shall Desgn Prele.slonal be IImit8d in the a"""nl 10 ..nlch It Is ere'led 10 De carrpon...ted by any ....ch ..1i""le. In any and an tnslaoce. In wnlch . TIM .slims1e is grv~l"I, the CUent acknowtBdge5 that the &Ctual fee and am:lun( 01 reirmursable expenses may be I"rOre 0( I&sS bMed upon rhe actUilI til"m.. materialS aM OxpellSes Incurred (wilh the arrotJnt er Ihe lee 10 be p,.d 10 be determined based en the O.sign Professional', raW! ??oo .chQodule in eNect at lI"1e tin-e the eer'llices are r~ered), AOCltlonal $eno1co.s provided shall be billed monthly. The continJOUtl ~e. of the Oe!llO"\ pro1eseil)f\(lI'& &er'Vl~ roquire5 prompt payment. Payment Is dUO ,"",on re::eilll of the Design Professional'. irWOICM. The Design. Pro'elS,iDnal sr:alt be en~t1e:j to recover Interest at l!"le rate of 12% per IiInnum on iflV06Ces whIch Sin: net. paid 'WIthin 30 Oays ilnd. in addilion, the De.".., p""".slanal may. a'ler seven daY" nollCll to \ha CI>tr11, ,uspard or Wmlfllllto (In the O...gn Prer...ionor. 001. dlO<:flllion) 11$ s"",c.. und.r 'his />.greernent unlil al oul$landing amounlS (far bolh sarvicas ond rel<r1>UrsaOle e"POnge.) have been paid In M. InCluding apoUcable Int"rOGl. T~e foregoing pro\'lslons ot mle Agreement to the COnl'll'Y ~Ihstanding, In Ih. ........t thet ..ny 01 the Design ProI'e.olOrlol. Btatemll'lt5 e'. not peid w~h'n 60 ClayS from n. ,.Ceiptll1.....or by \he Clleo~ and .""n It the De5i[Jl' Pm/essiona' hao nol Qi""" a $e""n-day notice to lhe Client regsrding the same, tI1e OI:!:liiQI'\ ProfeS$Of'\aJ may 'iUsp8rld lurtner seNict6 under tNs Agreemel1t until any and all sudl oul~tandirrg s.tate-rncntG have Deen paid I.., f\JH. indv[k"lQ ap::lll=oole JnteresL Any prepayrrMil!"ll ml>de et or aboulthe oxeCUlJon 01 lhe AgreerMn1 &Mil I>c Q'~lled 10 tne CII."'" aCCO\Jnj 01 the lme of flnel ""yme,1 3_ Relmbuni.ble EXptHDB:lIi Projecl related expen""" 1lJd1 as lnl.~: lodging; suDlliSlenCe; long dlSl8noe communlceUon; pos18lle: shlpC)lng; repo..., d......n9 ancllor opecrucalion 'eproductlM; and Client authol'.zed aver1Jme, are ell reJrTIM'SSOle ...pen."". Unit billings will os (f\8rg.ld per the l)osigl Professional's CUT""I role code 5ched..e. o JI-cf.pockel ellpen.... 'Mil be billed el cost plus 5'4. 4_ Taxes In the ever.- It1st any taxe$. or 'ees on the Oilil~gn Profs.sSiONlI'5 ~rvir;p.!i or reimbursable: expl!msfi 8f'l! jrlllO!lled by any govefT1mfiRital autf1Olity, the same shall be addOlllO me ()GsIgn Profe5olonal invoices under u.. Ag""''''''''', and snail be lne responsibility of lhe Oil!<\t. S. Subconsultllnt Contrad AdmlnislrlUon Charges for .ubcon....llantllIO the DA8Ign Profe5SlOf1ll1 will ~e ~U:ed 10 Ihe Client at cost plus 5'1.. 6. AlIJ...l1Mnt 01 Hourly Rat... and R.negotlatlon of ~ee. Hourty ratBlii and all releS In tt1B Oo::si!;ln ?rofes.sional's wrrenl rale code s.t.hedule are subject to periodic ,e",,,,,, and adjustment. Moreover, the DeSign Professional reser... !he nghl to ren&golla'. f"ed fee. 10 ref\.,cl chang"" " price indices and pay 5C".Bles applicable 10 the period wf'lef"t !oeNic~s are rend~ed. The Design F'rofe!iimonaland lhe Cllen~ agree to ex~rci$Q goOClI&H1 In any sud'l renegotiatIon. 7. PermIt and AppliCatiOn ~...s The CI,....! Shall pay !Ill Project-'"e!aterl t"".. indudi~. but nolllrnle<l 10. any en' ali legal and adminislrahve fees inddenl to plan H!'\I1E!W, palling, permiltlr'\g. ORt, PUD. ,ezonlng appllcaUon. .nd IfT1PlIct fees. and the Design Prof",.."".1 shall MYIB no 1130ility 1herefon::: wt1iJtSoevet. 8, Budgotary Llmllallo", The Client shall advise the Design Pf~ssiDnal in writing either beh:ue e:tecutfoo. or W11h,n 15 da~ 01 e.,;.cut:on, oIlhl. Agreement of eny budoetary IImitalions for the overall flrc:~d Cost or Constnlr;hon CQil. TtIe Design Professional -Mil endea'VOf to work wlthJn lho!iiQl Iln;tations. However, tl"e Oeslgn Pra{es~o(\a1 doe$, not g..J8ranlee thai any opinions i~ may rflnder legwding the prob.able cost of cOlls1rUction 0' 01 3'y aspect o~ 111. Pro.1SCI will oot dINer malenallY from Quoled fees. SU~fT'jM<I tlIds, negotlaled pnces or aC!lJaI co.ts ultill'Dlely Io=ur",.. II Clienl wishes Ilreate' assurance eo 10 probable conWuClion costs, Or if formal e.~""'\"" are otherwISe desired, tho Clienl sr..ot e"llloy the setvlces 01 "n independent cast esllmator. 9. Exclucled services T.... Oe$iyn Prtrl..sianal wi. p<o-.1de anly Ihosa ser-.;ces cteSCtlbed in th. Scope of 5eNice. th&1 I. a pan 01 It.. Ay,eement. The DesI9" P'of....onaI shall h.ve no responsibility or liabiUty """"soov... for any .ervices beyQt'l(l !hOOe spedficelly described in ~I. Scope or $eNcos. and ony ond all o1hlM' seNices .... SPeCla0811y .><eluded. 10, COASlf\.lCllOn Phu. During any sile vi..,s or wlten the Design Prolesslonai OtnerWlse obGcrws I,," conlreaa".(.') ""'"' in progreU, I"l. D....gn praleslimal shall not ouperviH. duo! or havo control 0.,", the controclcr'.(s') wcr1<, nor oholl tho Desl,," f'roIessional have any evlho(lty OVIII. or responsiblity lor, the means. methods, lechni~', .equences Of' ptoc;edUl'llS DI conslnJetlon ;elected by Ihe conttaClOI"(S), r>r lor any sefefy precaulions or programs inc:i<lenl to ttw! WOrl< of the al,lractr>r(o), 01" for any failure of IIle eoIlInlclcr(8) In rumiSllIOQ or performing 115illl.rl wor1l. The Design Profe"'ona' n"lIh<!r gU9mntees the porfom'enee cl any COnstIVtllon ""nlracts by con\raClor(s). nor aS$llmes respon.'blNty ar liabll~y for tlto Cllnttaet(l(.(") fallLl'e la lU"11ish or per10rm its('thelr) wor1< In acoonlance 'M1h the eppllcable eont,aC1 dowmenl$. 11. De"'Y" The DeSign Prof.....onat "'''' tal<e realOf\ilble .teps Ie perform II. ...l\IIc.. In a timely lashion, butlhe Client recognire!l end agrees th8111lClOr8 bo'" ""Ihin end outBlde the Deslgl p,ores.iOns!'. control may delay 111. Deoi!1' Proleosionar. .ervlces, a$ well as tho WOIl< perlormance, perrritlinll, llcensw Issuance and 0"",,,,1 con"~'>CUon of the ProjOCl. Whllelhe Otlslgl Profe&Glonal shall lake ouch 5teps es II re..."""bly can to "",..I tho CliIlrt'. re.."""tI. .ohed..ing domando, under no c;rcurnslonces .hall tno De6llln F'rQ1esslonel be """""""Ole for any dBmlIQes lor ~e1ay. wIt_ the same are caused in wItoIe Ct In part by any Dr~In'Sitilllnc.C!!. within the OHlgn Pror~ona"s contr'a. 12. t_llnlMprelatlons NoI Provldod The ..",ioea aM work Ill'opceed 10 be perfQmll'ld pursuanllo tI1i. Agree"",,,1 are based upon the senoices cia profossiona engineer. profesSional land .u~yor, prol......onol I.nd planner onCllor llfof..oional landscape arct>lecl, _ do not and will nOI und", any circumslllnce. c""slIMe the renelenng ot iagaI advice. lepal opinio"" 01" leGal serviCes. My InterpretatIOn oItllW$, rulell, "'9-',.lion. or ordinance& .", ba.Old ooI"y upon lhe pror...;""aI opinion. r:J Ina 09$1\111 PrOfeBGional as a deslO1 profl!!li5tOl"l;8l. 1he Client understand. ,Nit ltlB :;arM are no! Intended.. le\1O' ~nlons, end the Client shan In any 8lId ail such ins1encei .ewre Ildcquate lege! ""un..1 .. ",ay bo ",,_d Ie>' tI'1e CI~I1I'a needs relat.d 10 Ui& pro)eGt. IJ. Coope'ation wIth Otner Conaullanl8 or Cllent'a Attorney A nurroer 0I15Sue5 n18Y arise relotl,g 10 thi. Pro,ecl for which legal ad",,,,, and .ervice. may be (equi~. AMY and all legal advice or """C.. are beyond ,he BCQIl8 Of tnls AlYeoment. and the Client 0178$ lhat the Clienl shal relaln such atlomeys a$ rrey be nete.aery In order 10 rel1der Il!lJlI aOvice an~ sEf'1oe$ 86 needed fa \he Projoct. Such .ttorney$ $l\all pamdpe'a a. prafe.,.."",,1 team members. and the CJient wia serve 213 projo:::l c:oordil'lalor betweM the Design Prof....lonal and sucft atlorneyo 000 any 000 all otI1ar con$UltilnlO Of prof..sionals who ""'y be necessary tor lhe !lU~ 01 the PToject. and lh<l Clienl .hall ensu,. tho cooperation with tI'le DosIgn prore.sonal of such .nom.Y' and other consultsnts who have contraClod dre~y ..tn Ihll Cllant Tn. fees ond costs I>IlIed by such allomoye. and otI1or conaLltants 1Ohalll>e lhe sole rco;ponM"'~y of 1110 Client, end the Ocs'gn ~OMI shall have no responsibliity or tiabUily therefore wnats:oevfM'. 14, Qw,,"...hip ollnstNmenta al SaM"" All reportS. plan.. speCifications. field dala, nOfes and othe' document.. indudlfl\l eleclronic ""'dla, prepared by the Design Protos:slonal a. Ins...,rneontS of S.....ce. shall remain 1M p<opony of toe De6lgn Professional. 1S. Agroornent NOI to HIr. Employ... III co,.,.lderetion or Ihe services 10 ba provided by Design Pn:>fl$siDnall'U,suanl hereto and, "nd In """,gnilion oIlhe lime anet expen... hlCUrrect by tho DeSign PrareSslona! In ma hiMg ond train,"g of tn." OIT'Il'oyee., C1len' ""reby agree. IIWr. dunng tne lerm 01 lh,. Agreement. and for . period of one yea' followi... tn. dale of terminOI,on 01 th,S Ag'eerrenl. Cllenl .hail not .001dl for emplOyment, Off" employment 10. or engage or ~ire lellhe!' ao .n e."poyee, leased errployee, or as an l'ldependent c:orMactor) il"Y oerson wno. out'''g Ihe term or this A~eetre"t. was a'l lI~oyel! of thil!' Design Profi'!1SI0n3I. TIle Client 8clcnowleClQeS and S;;lree5 that in t"e evenl of 9 bre;ch of ""5 provISion (oNhlch. by lIs""", terms. \'oill .urvive tile terminallon of I~is A~reerrenl). Illw Cllenl sh.1I pay lhe Oe91gn Prole.olOnol liQuidat.d darroges. ano not as a penally. e' ",mount equal ro one ye.ar'5 cornpen.s.!l'lion of the employ" W"IO has bC'ef'l hired, based upOfl lhe compensaJon thai was being paid Lo !lwcn ~m~oYII!E! immediately prior to hiS or her ttrminaoon or e.'rploYlllent wth the D~gn Pfote~onal. Clienl an(j DO~9n ProfeSEJoNllt rT'Ii')'. by mulu~1 "9feerrent. ele<:llo waive lhis pro~san, 16. Termination for Cause T.~:! AQ",em."t may b<t termin.led by tho CHent upon 30 days' "",tlen nollce in tt',e I!!t\ll!flt of.a maleflal bread'l hersof' by thli: Design Pro;~sionaI. ~oyided 11"'1..,.1 the ~stgn Protessiolllll uo~s nol cure su-c" matertal breech wilhin Ihe 3O-<Jay p9nO~ al"1ar It receives wntt~ Mtl~ of the same (desabing the atleg!d breach in detail) or. n fel~lion 10 matters 'Nhich canllot be cured "Ntthln !!iucn 30 ClayS. unless 11"toe Design ProfesSlorel has failed to inltiale reilsl:;JOable s.teps to cure Q.(2111.200s. .2141Q2.~ Vcr, z. KMl\NCAN QOD15-NOZ-ODS - LPRf:: .21;)00 Exhibit" A" Page 22 of 25 Date: 9/30/2009 Time: 4.57 PM To. a 2526300 such breach. 111 the e\ll!nl Gf a ClJr. Q( tn. underlakiFlQ Cl/ ,eas",abl. step' to cure by the O,,"lon Pro.....slOflal ...lIIln such 3O-day period. the Clien, shan naYe no right to terrnin.t. ror ""..... ThlI Agreemenl may be ter1rlnated by the 00s'9' Pr_o-.Iln Iha a_lthllt ..ny of I\S statemei'\lS he.. not bHn Plla WitNn seventy da)'$ Cl/ Ihe dale when such paymenl ""a due. prnvlded Ih3t lhe Cllcnl shall have tne rlghllO cure SLlC:h dlllaull by making payment [Including apPUCllbt. inlcrMlj ,.;thln seven ~ of IbI receipt Cl/ I written nCllic:e In:>m the Design F'rof...olonal d...cribing Ihe defaull in plI)"l'8nl. 17. Termination'Dr CO""""'enc. Tn.. Ag.....rMr'l1 may ba termi....led lor convenle..... by the Clier" upon 30 day&' advance written nOllca to tht OIS1I11 f'rafeaol~. In sut:h .......no the Duil1l Pro/.....enllt ahall ba entilled to be co~Mled for IU .....,;<>:$ perfonne(l. and to be nlimtlurlled for all rllrrl>ulll8ble expenaes Incurred. 1hr""'lP' the eflec:tive dale or larrri""~on; provided,nClWlMtl'. IhlltllMo Daeil11 Pror_Ol'laIshllll_ts.. be enUUed 10 a lerminalion exp_ equal 10 10% of till IDle! lmeunt 0( lees to whiCh the Design Prafe!llllonal III anliUd thrOugh Ihe e""Clrva C16la of termi11Qti<>'l. The Design Prt1feseillOlll IhllJl ,1$0 halHl1l1, Mght to terml-.tl In;S A~amenl for """,v.."enoe upon 30 <lIrfs' wmllln noti... to the Cl;ant. In whiCh evenl tne DeSign Pror_~ sh8Il b. entilled to be _nsalea rQ( all ......."". renda~. .na to be relmbuned for el reimbvrubloo _~ raasonably incurea. Ihrough th. .f1eetlY. data of lerrnnaUol\. In Ihe ___ 01 sud'l a terrninaijon for <;onvaniellCe by e1lher tIl, Cllenl or Iha De&lgn PrefcSOlonal. all such ,mount& i'1lIll Qa PIIld ta Ille Delllgn Prof",,",onel no Iller thun 15 dBf5 follOWIng the effecti... dale of lIUd1 a lermlnsllon ler corM!ni.ncI. In either a."'I. Ine .""'unls set lortll ~flrei~ sheD be lI1e sol, .rmum.. tn. DesIgn Prole...onaI is ""tilled 10 reeel... ,nd. In Inl event o! a lerrnnallon for con.enlsnCll. ~elll1. party shall ~...e any liabUrIy 10 Ina olhar for breeCll Of ""ntract as e result or SUCll . termlnallOn for con_ceo 11. HloUrdOUI Ma~rl.tt 50rvices relaled 10 asbeI.os. f'CB. .nd .ny .nd all CJ(1le< hazardous or to>Ck: mateti8IS are expr"".ly excluclecl rrom this AgresTenL The CII,,", agrees 1 hat 1I1e Qient shall P'OlIIdoo . Bill INl compile. with III applicable law. .nd r"lll.llaUon., and the Client shall dOlfomd. indemnify and hola hannl....lh. OaeIgn P~5IOnaI. and lis ellice'll. dlreclors. employees. agenlt, .""",nls 8Md rep_lalillllS. from any and all C1alrrv; or any nalUl'e v.11aIsDlVl!l'. InCluding. but not Ilmilad lo. r."''''''''ble 8Ilomeya' ,_, wMieh ...... .... 01 0/' rel.le to tI\e pre.ence of "ny a'b8$t06. PCB. or OIlier hazardous er loldc rmter1a1. on the PrOject ~Ie. In Ihe event any a>basl,,". PCB. or olher Im:llrOcus or loldc materials are Iouna to be prflent en tll. ProJ<<cI Bile. IIle Design ProfesSional may. aL Ito o~tion and ,.;Ihoul .ny liability for ""lI <lirect. incldent.1 or con'Bq"""Ii;l1 damaJl<l$. suspend ..Meas unU the Cl;enl (uc:ting Inlous;. approprlata specialist CO/'lsullsnlS) Iba"'" or rOlTClYeS any ana IlII svcila8lloslDS, PCB. haZllrOOIlS or 10lle moterie!S trom the Pro)ec1 site. 19. Stanll.reI '" c...... .nd AJIOClllDn 01 RIok The Design prar.ssional'. ...",_ under 1l1i1 Agreement wi" be conelllenl wllh !he Oell""" at cere .nd .MI exercised by reuonably prudent merrOn of 1118 DesIgn Profe..ion,,'" prdoosslon ...,., are acting n the oommll1lty in whio'1 IN! sa""ee. .ra pro~ Under ,imil,r 01""''''0_'''. W 111. Design Pro....liOMl'. services raU below this slandern <i 08.1'\1. then 11\0 alent ShIIII provide nolice aI !he same to me DeSign f'J'Oles.1onaI and allow the Oc$ign ProIll$siona' an opporlunily I<l correc:l sucll S8I"o1..... bc:for. lht Oeaign proIeMlonal .hall be liable for any damegea lUffered or Inwrred by Ih.. Clienl .a . ...,It of ouCh raUure or Ih. 0e0i9n Profe..lonal la .- tile aforesaid standard <A cera. 'Th. O.sii1l Pm!eulon.i and the Client recognlH thai lI'Ii. PreJ<lCl in""lv... nsk. Wl\ile lhe Design PrafessjOl1llI sriall be liable for II. ne~lgenl acts Ind erron, Ihe DlISii1l Profes&ion81 ana t~ Clenl n..-"by _grea .. follows regarding 'he Design Professlonal's liability a1aing oUl of or ....ling Ie lhiS Agreement ""dlor IN Project 10 WIliCll It rell1t8li; Q) In felelion to arry negligonl OIl'lil$lCriS by the DeSign prare'sional. 1hll De"gn Pro.....'onal.. lI.blllly SNoII ba Ilmled 10 the ""'t. expa"""" or D8"""ll88 suff.....d or incurTed by !he Cllenl .. . r..ulL or ccnsequeooll or any .uch ""Il1IQ8nl orrIsslons. bUl in no event Ih.lIl/1. DeSIO/l1 PrCtfessioroJl be liable fer 11\. C()&t Of the iacOI'. equipment. services << ITSllarlsls wh'CIl t~ Design protesslonal nag!igently anitted whIch. ~ ll1ey hed no! been omitted. would No"" baen Indudea In lI>e Project ond paid for by thR Cllenl ill ony .vont; and (ii) in relation to both the """'....... of '(i)' ju.1 preceding In;' ,,",u.e. end In relalion 10 any sna ell OCher clallT1$ far 1115565, expenses. eoslS, Ilablllll.. snd dS<11ages or any kind lMlalsoever for wMlch \toe Deli!!" PralesslOl'l8l may OlherwiS" b.. liable. the Client .greas lhal Ine maldll'lJm emovnl for ""',ch lhe Design Professional may be responsible or liable Is 310.000.00, or 1118 D....gn Preluslon...s I"".. r. retll1lon to lI1is proJIIC(, whlchever " grelller. 20. Waiver or ConsequenU..1 Damages Any o!her prOvisions or lI>i. Agreement lD the ccntr.ry notwithstanding. and 10 the fulleot ",lenl permitted by law, .""'1"1 "" vxpresoly $eI forth in cla_ '(I)' QI the S1andan:l of Car. and AllacatiOT1 of Ai$!< section sel fOM abOlI8. neith<< the 9r'281200Q.. 21.11]2.. Vw:. 2- KM.NGAN 0007:1-N02-QllS.lPR~ '213118 Exhibit" A" Page 23 of 25 Agenda Item No. 16F3 RU Naplas Pax Octobe1&<f~~ 2~9 Page 28 of 33 Cllant nor Ihe O...ign F>rofeUonill. or ~"l' of theif respective offlctn. dlreclors. PllrtMel'. employ_. ecnlraclors. subconlraclo,", c'lflsullenlS or SUbCOnlll.lillnll. ""..II be Ii&bl. 10 lI\ll ather. or sileO _ke .ny claim. ror eny lnCldental. .ncsrect, resulting or consequenUaI d>l....gK _11s1nlil aul or << conne<:l8d In a"y...y '0 thiS Proj~ or Ie thill Agroernenl. Thill mutual waiver of InCldantal, Indlrecl. mulling end ccnsequanUal damages atIIllf Include. but not I18CIIIHrily Ile liMited 10. .ny and II clel",. ror 1088 Dl Ult. IO$S or pro.~ lOllS cf bvalness.l_ cfincorre.loss of reputation CI' ..., other form of Inc;a.nllll. lnalrect, resulting or consequential tlliTT'a\JIII lhal either perl)' rrey ,,"". incmacl, I'IIg8Ill1eN or wn.thIr or nOl any sucn plll't)". <*ll. or lIOtion ia baled ...,:Ion ccnll'al#, Iort, statute or D1hetw~s. Both lhe Client and the llnign f>rof_onlll shalf require lirrilar waI~ or Incidental. indirect. r...u1~nll and c;nntIequenlllll da~es protecting all thl entilies Ind pe"cns named herein in all =nIracls and s...btont'llClll with 0111.... in.olved in lIlil ProjaoI; providea. howevl<, mat !he fallur. to l'IlCluire such walVlll1l .""11 nal in .ny ...y neg3l. lI1a lull ""'s,,, 0/ the 1Mlivl< _sod II ""s Plr'IIgl1lj)l1 liB oelween 111. al""t ana the 0etII91 Prof=lonll. 2', Indomnnlcallon Thll Client end IhS Design Proles..o"", ahaU Indarmlry on.. anatIIer for lh,,;, reapedi.. .els and o""sslons. III _ ... for lha .Ct$ ano omlSi<lne or eny oIfIcers. C1rec101'a. paMners, empID)'Iflll, conllllclors. .,bc:ot*sclCQ. 1XlfI5~1lIn11 or !lUbconsu~ents _II by. IIlfougn Or under 81lhl!' or !hem (Whether in _....et ..In Ill..." dlraclly or indirec1lYl. fro", ,,"y ela'....l...... "051.. """lII'_ (including. bU nol IimnSd 10. tMaOnlbl. _<<orneyl' teea) or Ditoe, ~ebllKies (including. bul ncIlirrilad 10. .dminl$trati.. fin.. or penalties). wIllC/IanM cut or or resuK from any negligent or In""'li......1 act or omillion of 81".r at litem (or of anyone for ~om eUhar oIlhem '""v be rNporll4bla or llabl.). pI'O\Ilded that lite party _ng such 11llI8rmlflcaUon lIhefl not have been IlCIIWlIy 81 fault In relation 10 lhe claim whlC/l has been $0 .,Serteolgainsltl1em. 22. Medl.IIon, Venul and _ya' Feel Prior II) the ~lIng cf eny IlllgaUon by the C1~1 or the Oesigl Profess"",," agaifl$1 lilt orner (and. .xt:ep\ al delCfibRd b81ow. .. . preCOi'ldl1ion la eny suCh flllngl, III. a.enland the Design PrOteSaiOl'lIll sh!!ll ..ngage In pre.eul mediation. SUch modlellon may ba l'llqU"'leO by either party, alany ame. and sl\lll ba conducted the sama as If StICh mediation _10 anleted by . F10rtde C1rcun Court O.e.. In aecordenca ...rh, ..rid subject 10. ell of 'n8 IIrMI and rules 'Dpllcabl.. to oourt ordered mealallon). &d1 "",dlation shldl be mnduded wllhin . reasonable period d tima after lhe same is ..quellled In writing by e11her party. II jhe par1i.. ere unobl. to aime upon !he ...Iacuon cl . mediator. eMher p.any nwy peUtian Q( reqUNt the Clt'CUII Court in tilt counlY In WIllch tha Project I, located (or tile Medialion Coord,n'lar. Ii any. far the Courts or 1/1. county In wMiC:lltlle Pro)eC1. i. localed) 10 aR')D1nl a """".Ior. A medlalor wMO II so .ppointad .....1' only be challenge" for CIIUSIl, and no! pera,,!,lo"ly. WIIlla Ill" reques1 1<< and the COfldUClinO of suCh a mediation .hall be . precondlllon 10 !he filing or a Clvll act;"". In Ih. ..ent tl-oot eltl\er party II In )eQp.r<ly or 10$111g Its ~ghlto BU. (e.g., the s_ OIl1mnations I. """ulla e><pire). lhen . lUll moty b.. nled befanl mediellon 1$ conducted. p<ovtde<f th.t meO'l1lllOn i. req_te4 befO<ll, or .'fI'lUltlneously W111l. lI1a 11/lng of such "",it, and IS conducled l>eforv hi named delendanlln the sUit Is reqll"'d 10 respond 10 .he Complar.L If the aChedullng of thl rnedla1lon req",,,,,, lI1a plainllfl in (he oua shallll\e<'efore Il'1Inll11. delenClanl an epprop\ale _nslon 01 lime to relPDnd 10 the Complillnlaa.s to penrit th. 1I"40lalion 10 be conducted before the aefendenl m.st eo respond. The 01811' and tIlo DesIgn Prefe...;"",,1 "17" lI1al .ny lI.gatlOn between tllam arising out of. ....UIIng from or relating to tillS Ag/'eernenl at tIl8 Pn:;ect lIhell be venued, Ind shall only be venul!d 0.8.. axduallltlly). In ..lIllllll COlIn or COI1'P81Int jurisdiction in hi county In lMllCll Ills t'rQieClIS localed. In tile evenl of sny lI1igation tlelween 111.. Clienl end the Design I'rofeeslOl1lI arllllng oul Of. reWltinll from or """ttng 10 this Agreemenl or lhe PrOJect. Ihe prevailing perty aha. be enUlied to recover !he prv.alhng PA"!Y' reaeonable "'lOmeyS' 1M. and ccun c:oots, It !he tnal and lit all appellalo levels 23. $eVllfObll~ In the ......., thel any proVISIOtl Of this ~nt Is found 10 be invalId or unentorr:eable ror any .......on (wheth..r ,""Is r_ or a. aPPlied). tne same Shall be de8f1"eO e...sed end $U<:II e""'oIan shall he\lO no effect upon the rernelnlng provlalons nareel. It il jM intent of lhe p:Jrtles lhat hs Ag_menl ba enforced 10 m. fullest axtent perm lied by law. 24. Entire Und.rstandinlll"nd Lsclc orWahl.. This ProposallAgreement raptnenls 1ha antire uno"r.,",""ing between tile Chant ana Ih. Deli(lll I>to!eslllcnalln re.;pect 10 tills Projeet, and may only be modified I" wrtttng. 'The f.lU/1il of either perty 10 reqUire 5lriCl pertcrmenoa by tne OIIler Shell nol COnl1llU18 I ....iver or any 01 tucI'l perty's righls pur:ouart to 1h1l Agreement. '" 10 thOfeaner reqt.ir. strict perforrrence by $'JCh otller party. Date. 9/30/2009 Time. 4.57 PM To. 8 25~6300 Agenda Item No. 16F3 lU,A Naples Pax Octob~'5: 2009 Page 29 of 33 PC1 PC2 PC3 PC4 PC5 PC6 PC7 PCB PCg P10 P11 P12 P13 CT1 CT2 CT3 CT4 CT5 FT1 FT2 FT3 FT4 FT5 AMA AM2 AM3 SC2 SC3 SR1 SR2 GPC WILSONMILLER, INC. SCHEDULE OF FEES Effective May 26, 2007 Professional Consultant Level 1 Professional Consultant Level 2 Professional Consultant Level 3 Professional Consultant Level 4 Professional Consultant Level 5 Professional Consultant Level 6 Professional Consultant Level 7 Professional Consultant Level 8 Professional Consultant Level 9 Professional Consultant Level 1 0 Professional Consultant Level11 Professional Consultant Level 12 Professional Consultant Level 13 Computer Technician 1 Computer Technician 2 Computer Technician 3 Senior Designer 4 Senior Designer 5 Field Technician 1 Field Technician 2 Field Technician 3 Field Technician 4 Field Technician 5 Administrative Assistant 1 Administrative Assistant 2 Project Administrator 2 Person Field Crew 3 Person Field Crew 1 Person Robotic Survey Crew 2 Person Robotic Survey Crew GPS Crew $85.00/Hr. $95.00/Hr. $110.00/Hr. $120.00/Hr. $135.00/Hr. $145.00/Hr. $ 160.00/Hr. $180.00/Hr. $195.00/Hr. $210.00/Hr. $225.00/Hr. $250.00/Hr. $275.00/Hr. $60.00/Hr. $70.00/Hr. S80.00/Hr. $100.00/Hr. $115.00/Hr. $55.00/Hr. $65.00/Hr. $75.00/Hr. $85.00/Hr. $95.00/Hr. $45.00/Hr. $55.00/Hr. $65.00/Hr. $125.00/Hr. $155.00/Hr. $120.00/Hr. $150.00/Hr. $180.00/Hr. Unit billings, such as printing and survey materials, will be billed at WilsonMiller standard rates (Schedule available on request). All other out-of-pocket expenses will be billed at cost + 15%. Exhibit" A" Page 24 of 25 Q./28I2OOQ - 21"02. Vr!'::Z. KMANGAN :xKl7'-Mt1.<JDS - l.PIlE . 2136& Dato, 9(30(2009 Time. 4.57 PM To. @ 2526300 ~ '< f,1p~ppp~ n~tih[~iJf ; g:iiJl!~ffJr! .. Jl~~~! IJ~;l f ~fi~Qf r!~;f ~ [I If. f. !~f~l i .f~.I' ~ ~'oi ;z }~ 5iu~: ~ .. ~ !ll '" ?B,iVl5. Ii' l 1 i 0 ~o'rl ~. ~ r i ;; ~!~ ~ "- ~ S'a ~ f i ~ a- f ! !!/ . !O ;; ,g ". 1 i. .:. i::' ~. " ~ ~ ~ ~ ld ii . ~ ~ i i? Ii . 0' ~ ~ f I S, I .:c ;;; ~ ? li' i!i .- .- . . l2l~~;i:ffi~~~ "'i"iljol'~"eit.~o~, ; !~I~l('Q'~~~I(ih. ; Ii 0 f: If, 5 f. ~ I: !f [f ~ ~J ~f; ~ ll;;~ ! ~i flf t f~'f~t ~ i~ t~' if' ,~~ i t !' if.: ~ ~~J I ~ ~ <ic.: ~ IS' ~ .1.0 a.. I ~; " . ~ 1 ~ r..,l ll4- ':::;; 0 ~ 9 ~ Q . E. 0 Exhibit "Aft Page 25 of 25 Agenda Item No. 16F3 RliA Naples Fax OctobE1la~ 2QQ9 Page ;:su of"'33 ,~~~)t~;:;~;j. f.i~Jti~f~f~~'! ~ ff~J~f~lfti!{J ~ Ii mwpm ~ ~i flf, ~J a J~~ f ~ a i S ~A' f "l" ~ i i i : ~ f. ~ ! ~ ~~ · n~' : f. 1 ~ . .' I . . . i ~ f;' f '0 " .i z ~. ~ '" .g . '. . 1 , { .... su _ ::J - c: !!( '< - '" .. 0 - o Dl ;r 0- ... 2 Cll -<! ,:;; N o o " ~ ... :!: .... ;:;; 9- '" ... 0 ~ 0 tll - ". "~ N - 0 'D _ <=> " '" ...~ i!U =: n~ Q .; '" n :::J ri' ~ aJ i! iH l>> .. -... '< ~.~~ n ~ Si 0 3 3 c ::J ~ 3 "C "" o ~ ;;: 5 3 i It) ::3 ~8 .cr <0 "tJ iii :J "'z ::J 'D 51 :;. ;lj ~ ~ 5- ~ '"0 :r t';!::5 Dl o VI !'i \0 {R ~ [t ,,' ':l If I 't 3 '" ,>, s o J1l ;: rg "0 5- a ro "'C ~ ~ 0 o VI o It) t\j\C Co """ n ::r It) Co c::: iii" ....., o o IJ) . N o .... o Agenda Item No. 16F3 October 13, 2009 Page 31 of 33 PROPORTIONATE SHARE of FIXED FEES and COSTS BREAKDOWN - EXHIBIT B ~iif!1~l$t~~~c~~~2!~S~~2'-,PBSD':'-: ..... .... . 2.1- SO/50 $3330.00 <~9}3Q.pO 2.2 - 20/80 $2360.00$.9,440.00 2.3 - 20/80 $720.00 $2,880.00 2.4- 1 00/0 $2,430.00 ...........i~O.pg ....::.. 2.5 - SO/50 $2,430.00 $2,4;30.00 $1,432.00 ...... .... ....... 2.6 - 80/20 ...........$3.58.00. 2,7. 50150 $5,350.00 ..... $5,~59.00 2.8 - 10010 $3450.00 . $.0.90 2.9. 1 00/0 55,510.00 ..... $0.00 2.10 -10010 $2,170.00 ; $0.00 2.11 - SO/50 $982.50 $982:50 2.12 - 1 0010 $2,880.00 'l:.nnd..: ..:"'V'..V.~..'.' 2.13 - SO/50 $5,250.00 ...... $5,250.00 Reimburse- $600.00 ...... 'I;..,f1, 'f1rl abies .. .... .... Subtotals $38,894.50 $30,620.50 TOTAL .::........PBSD:\ ~~~:!S~~y ppeSD.~;: $0.00 I: ...... :itnh~ $0.00..:::;$0.01.1 .. ~. ~.' ,~. . '.C.,'" ..... . ... ,.... $4,877.00 $19,508.96 . . $500.00 $2,000.00 $2,745.00 .. $0.00 $3,890.00 $3,890.00 $3, 768.00~~A,2.6n ........ .... .. $6,825.00 .....$6;825.00 $3,380.00 ! $0.00 $8,625.00 ... $0.00 $1,410.00 $0.00 " . $1,220.00 $1,220;00. $4,665.00 $7,250.00 ..... $0.00 $7,250.00 . $500.00 $500,00 $4,877.00 .':".. ..... ..: .. . ~..~. $300.00 '.$1,200.90 $2,745.00 i'.$Clon $3,890.00 $3,864.00 $3,890.00 $96e.OO :. $0.00. 1.0 $5,380.00 .................... ........ r 1: $4,315.00 _____~(')nn $0.00 ..... .$0.00 c. $942.50 ........ . ~94?(5Q ............ $4,665.00 ..... ......_.~ ..... $3,500.00 $500.00 $49,655.00 $42,135.00 $34,978.50 PBF = Pelican Bay Foundation PBSD = Pelican Bay Services Division 597080 v_OI \ 067730.0012 '. $3,500.00 : . ..... .-- <u:t'\I"\ tVY .. . ,," "~ - . '. $30,506,50 fl!~~j~ "~i:~paSD::~ .... $3,330,00 ,$,9,Q9; $12,114.00 56. pet $1,520.00 I....... $7,920.00 :,' $10,210.00 ... ..~'" ....... .....'.. $9,064.00 ................ $12, 175.00~' .'.. ..' 'c......'... $12,210.00Ji c" $18,450.00;"};. ,^ $3,580.00:-:;' ~11 1', $3,145.00 .; ~"J L'nn ....-~ '_'''".c .;..: $12,210.00'.' ............... ...... .. $16,000.00$1{:l,QgO,go ......;.......Lt..:......< $1,600.00 '1, .....,..,... $123,528.00 ':;;""'';;:;..0'. $226,790.00 Agenda Item No. 16F3 October 13, 2009 Page 32 of 33 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the Agreement for Management Services with The Pelican Bay Foundation, Inc. in the amount of $103,262.00 OBJECTIVE: To work with The Pelican Bay Foundation, Inc. to spend the community's tax dollars as efficiently as possible on the Strategic Master Plan for improvements/enhancements to the streetscape including but not limited to landscaping, lighting, parks, and pathways on lands owned by the Foundation and lands owned by Collier County. ----- CONSIDERATION: The Community of Pelican Bay has been designated a dependent Municipal Services Taxing and Benefit Unit (MSTBU) district within Collier County and oversees the operations of the Pelican Bay Services Division (PBSD) as per Collier County Ordinance #2002-27, as amended. A PBSD Board Meeting was held on September 14, 2009 in which the attached Agreement was accepted by the board. FISCAL IMPACT: The dollar amount of this contract is $103,262.00, with the funds available in the Pelican Bay Services Capital Budget, Fund 322. The source of funds is assessment revenue benefiting properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. LEGAL CONSIDERATIONS: This Agreement has been reviewed for legal sufficiency and is ready for Board consideration and approval. - HAC GROWTH MANAGEMENT IMPACT: There is no Growth Impact associated with this Executive Summary RECOMMENDATION: That the Board of County Commissioners approve the Agreement for Management Services with The Pelican Bay Foundation, Inc. for improvements and enhancements, which contribute to the safety and security of the community and authorize the Chairman to sign the County Attorney approved agreement. Prepared by: Mary McCaughtry, Operations Analyst 1 Agenda Item No. 16F3 October 13, 2009 Page 33 of 33 2