Backup Documents 10/13/2009 Item #16F 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing tines #1 through 44 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the
ettrentinn nfthe Chairrn W ci —hire haw a line fhr ." fine tinge it I thm h fUd nrrrvJ.da• flw eh.,.irtiet a.vl fnrumM t- inn IUit. -halt A;i R11
Route to Addressee(s)
List in routing order
Office
Initials
Date
1. N/A
10/13/09
Agenda Item Number
16 F 3
2. N/A
Original document has been signedtinitialed for legal sufficiency. (All documents to be
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3. N/A
Inter -local Agreement for
Number of Original
Two
4. N/A
Management Services
Documents Attached
5. Ian Mitchell, BCC Office Supervisor
Board of County Commissioners
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1 5 2009
6. Minutes and Records
Clerk of Court's Office
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10/15/2009
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending DCC approval. Nonrnrly the prinmy contact is the person who caealed/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, need to contact staff for additional or missing information. All original
dneument,z needinv the RCY C hairman'c %iomttwo. are to tr Miv~d to the RC'C nfr,. -e nnly .0— th.. W(' hae a.t.ri to an.rn_ tho it..,, l
Name of Primary Staff
Contact
Lisa Resnick
Phone Number
239 -597 -1749
Agenda Date Item was
10/13/09
Agenda Item Number
16 F 3
Approved by the BCC
Original document has been signedtinitialed for legal sufficiency. (All documents to be
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Type of Document
Inter -local Agreement for
Number of Original
Two
Attached
Management Services
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark -N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signedtinitialed for legal sufficiency. (All documents to be
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signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
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should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 10/13/09 (enter date) and all changes
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N/M'Soo
made during the meeting have been incorporated in the attached document. The
I
ft':` for
Count Attorney's Office has reviewed the changes, if applicable.
II I lI
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MEMORANDUM
Date: October 15, 2009
To: Lisa Resnick,
Pelican Bay Services Division
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Inter -local Agreement for Management Services
Attached, for your records you will find one (1) original as referenced above,
(Agenda Item #16F3), adopted by the Board of County Commissioners on
Tuesday, October 13, 2009.
The Minutes & Records Department has retained the original Resolution
where it will be kept as part of the Board's permanent record.
If you have any questions, please call me at 252 -7240.
Thank you.
Enclosures (1)
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the
Agreement for Management Services with The Pelican Bay Foundation, Inc.
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.
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
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AGREEMENT FOR MANAGEMENT SERVICES
This Agreement is entered into 1r` day of 0 CGT° VCA/' 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
WHEREAS, the PBSD Board recommends that the District enter into this Agreement;
and
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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
Project.
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 overtime, 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.
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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
801 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 of the 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.
11. 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.
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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
B
Y
d
tiq an-If.
WITNESSES:
V Z.50 W
` ,
Approved as to form and legal sufficiency:
Je ey A. atzkow, County Attorney
594918 v_5 9/28/2009
4
"DISTRICT"
The Board of County Commissioners
of Collier County, Florida as the governing
body of the Pelican Bay Municipal Service
Taxing & fit Unit
By:
Name: --PoNN A F% A t- to
Title: C N Ai QuJonm iFW j9 C C—
"FOUNDATION"
The Pelican Bay Foundation, Inc., a Florida
not -for-
By:
Name:
Title:
16F 3
PROFESSIONAL SERVICES PROPOSAL
TO: Jim Hoppensteadt
President
Pelican Bay Foundation, Inc.
6251 Pelican Bay Blvd.
Naples, FL 34108
FROM:
Kevin G. Mangan Keith W. Morrow
Vice President/Principal Senior Vice President/Principal
DATE: August 19, 2009; Revised September 17, 2009
SUBJECT: Professional Services Proposal: Pelican Bay Community Improvement Studies
Pelican Bay Strategic Master Plan Improvement Services; Collier County, Florida
1. OVERVIEW
1.1. The Pelican Bay Foundation (Foundation or Client) has requested WilsonMiller, Inc., (Consultant or
WilsonMiller) to provide a proposal for the professional 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 forms the foundation of these proposed works.
1.2. The Consultant has reviewed the Strategic Master Plan, provided our professional experiences and key
team members resumes to the Foundation and presented our team's qualifications and outline
approach of this process to the Client's 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, Gulf Park Drive, Ridgewood Drive,
Green Tree Drive, Oakmont Parkway, Hammock Oak Drive and North Pointe Drive and Foundation
owned property
Exhibit "A"
Page 1 of 25
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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 improvement studies. Included but not limited to these 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 to produce the works outlined herein.
1.7. WilsonMiller, Inc., understands that our contract will be with the Pelican Bay Foundation who will in turn
enter into an inter4ocal agreement with the Pelican Bay Municipal Service Taxing & Benefit Unit,
"MSTBU" (also referred to as the Pelican Bay Service Division, *PBSDJ in order to produce 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 shall list 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 MSTBU 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 regularly the findings and the progress of
these works to the Foundation, the Pelican Bay Community and the Pelican Bay Services Division.
This educational 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 Standing 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 wetland and water management and
codes that we may be working under. WilsonMiller, Inc., will also coordinate with the PBSD for as built
site conditions and plan/survey 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
92&'W9- 214102 -V r- 2 -MOMAN
0007SI'M.ODS- LPW -213M Exhibit "A"
Page 2 of 25
16F 3
Foundation by Twenty Fifty.
2.2. Master Streetscape Plans for Landscape and Irrigation - Phases I, II and III
The Consultant will develop a detailed master streetscape plan and recommendations for both
landscape materials and irrigation system improvements for the landscape and paved public areas
along the major public streets identified as Pelican Bay Boulevard, Gulf Park 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.
I - 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 forward 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/data provided; advise as to additional survey needs if any
b. Provide general landscape planting written observations of plant conditions and design
characteristics, identify on diagrammatic master plan improvement strategiestopportunities
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 dements 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 that may apply to improvement initiatives
II - 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 presentation /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 palette for the improvement projects
d. Refine and complete Schematic Design and key area enlargement plans
e. Prepare opinion of probable cost estimates at 500/6 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
W2&1"9 - 214102 - Ver 2 - KMANGAN
�
°°°'-oos- DPW "213M Exhibit "A"
Page 3 of 25
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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 /Foundation Property Lighting Recommendations — Phases I, II and I II
WilsonMiller, Inc., and our consultant team will prepare street lighting electrical audits, cost benefit
scenarios for alternative 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 Conceptual Design Reporting
WiIsonMiller, 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 altemative lighting 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
II — Schematic Design
The Consultant and team will prepare the following plans and reports throughout this phase of works
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 accent lighting 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 criteria 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
III — Design Development
The Consultant and team will prepare the following plans and reports throughout this phase of work
based on the Client approved Phase II work outlined above.
A2Br2M - 214102 - Ver 2 - KMAMAN
0007SM -ODS -`PRE -21388 Exhibit "A"
Page 4 of 25
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a. Prepare Design Development lighting location plans of approved light fixture 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 Berm — Phases I, II 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 eastern 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, walstfences, 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
II — 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 final 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 use
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 II 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, Rollerblading, Walking & Joggirxr — Phases I, II and III
9QN M- 214102 -V r.2- 10MNGAN
OW754M- 0DS -`'W_213M Exhibit "A"
Page 5 of 25
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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 facilities.
I — Initial Base Data Gathering and Conceptual Design Reporting
The Consultant will provide the following services and deliver in report and mapping format 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 layout
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 accessibility, 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 plan
II — 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. Continue to develop Master Plan and prepare 50% and final Schematic Design level pathway
design improvement solutions
b. Prepare hand drawn typical plans and section/ 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 below
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, furnishings and material recommendations into a
single master plan solution
h. Provide samples of pathway material alternatives and cut sheets of proposed site furnishing
improvements
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. Provide final master plan of approved streetscape/ 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 streetscape/ pathway layout,
9r28OM - 214102 - Wr 2 - KMAMAN
OW?5-M2-ODS - U-W - 213M Exhibit "A"
Page 6 of 25
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including enlargement plans of specific areas, with keyed sections/ elevations/ details
d. Prepare final opinion of cost estimate
e. Finalize report on safety, ADA, and CPTED strategies
2.6. Entry Monumentation and S onage to the Public Streets — 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
WilsonMiller, 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 internal streets for monumentation and signage opportunities/
constraints
c. Confirm locations of improvements and underlying 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
II — 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 altematives and standards to all public streets
e. Provide written recommendations and design alternatives for interior community parcel
signage that support way - finding and OPTED 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
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% and final preferred main entry/ monument Design Development plans with
dimensions and material call outs keyed to plans
b. Prepare internal 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
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2.7. Community Traffic Calming and Safety Recommendations — Phases I and it
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 Gathering and Conceptual Design Reporting
WilsonMiller, 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 Consultant 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
safetylaccident patterns
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
speedsiactual 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 extent 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 Neighborhood Traffic
Management Program that establishes traffic calming evaluation procedures for use on
both public and private roadways. WilsonMiller, 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
9292009 - 214102 -Vbr 2- OUVOGM
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recommended selection set of viable calming devices/techniques for consideration,
including such techniques as roundabouts, raised crosswalks, lane width reduction,
signage, 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 rights -of -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 will 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
II — 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., will consider the
various options that would be effective in advancing traffic calming initiatives. 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 optionstresponsibilities
b. As provided for in Stage One, this continuing effort will involve coordination with Collier
County Transportation Departments responsive 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
III — Design Development
WilsonMiller, Inc., will prepare pathway and crosswalk improvements as part of section 2.5 above or
2.11 below.
Based on the need for traffic data collection stated above and a 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 so 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
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herein.
2.8. Community Park Destination Improvement Plans —Phases 1,11 and III
The Consultant will provide recommendations, master plan and site plan graphics for modifications of
the public 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
located 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 park improvements for approval of the Client and
inclusion in the Schematic Design package of drawings
II — 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 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
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. Provide 501/6 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 parallel 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.
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I — 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, 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
II — 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. Develop a master plan of the locations and key areas of potential berm improvements
b. Prepare alternative 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 scenarios. 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 constructive works and permitting fees
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 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 Program — Phases I and II (Phase III 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 roadwaystfoundation
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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
II — 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. Complete master plan of art placement areas
b. Prepare a draft of the Pelican Bay public art code and application process
c. Provide a list and contact information of identified funding opportunities and initiatives for the
public art program
2.11. New Technologies Master 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 safety 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, WflsonMiller 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 to 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
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 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 to import the technologies into the community
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II I — 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 site specific plans into the Master Site Location Plan
d. Provide cut sheets and outline specifications on the technological systems presented
e. Prepare opinion of cost estimates to import the first phase technologies into the community
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, Inc., 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 magnitude cost estimates for the recommendations
II — 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. 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
III — Design Development
WilsonMiller, Inc., will prepare the following plans and reports throughout this phase of work based on
the Client approved Phase 11 work as outlined above.
a. Prepare 50% and final Design Development site drawings and thematic
elevabons/sections of architectural improvements for the tram station site 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
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2.13. Involving the Community; Education and Communication - Phases I, II and III
I - Initial Base Data Gathering and Conceptual Design Reporting
Al. 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 Individual Interviews
• Review Process Expectations and Schedule with Administrator of PBSD
• Half 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 benefit and contribute to success of
meeting those goals
A4. Update Meeting with the Strategic 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 hold meetings noted in A5
A5. Provide Two different, 1 hour time frame, different day Educational Meetings to Community
• Report out on Conceptual Design Phase findings - 90% Conceptual Design
• Provide collateral and educational 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 Al through A5 to the PBSD Board
• Q and A; Present outline agenda for 50% Schematic Design Meeting
AT Provide Final Conceptual Design Booklet to the Foundation Board and Strategic Planning
Committee
II - Schematic Design
B1. Foundation Planning Committee/PBSD Workshop - Initial Design Review at 45%
• Review progress of schedule and plan solutionstfindings
• Comment on Design solutions to date/ Go -NoGo variety of solutions
B2. Pelican Bay Community Workshops - 50% Schematic - Advertised Public Design Meeting
• Engage in workshop format with primary issues identified and represented at table
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locations 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.
B3. Update Meeting with the PBSD Administrator and Board
• Executive Summary and Briefing to the PBSD Administrator — 500/6 Schematic Design
• Presentation of 61 and B2 to the PBSD Board
• Q and A; Present outline agenda for Final Schematic Design Meeting
• Executive Summary of PBSD Meeting to the Foundation Board
B4. Foundation Planning Committee — Design Review at 90%
• Review progress of schedule and plan solutionsifindings
• Comment on Design solutions to date/ Go-NoGo variety or preliminary costs of solutions
B5. Pelican Bay Community Presentation — 95°/6 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.
B6. Update Meeting with the PBSD Administrator and Board
• Executive Summary and Briefing to the PBSD Director — 95% Schematic Design
• Presentation of B4 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
• Submit deliverables 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 other contractual elements that may have adjusted
through the course of the Conceptual and Schematic Design process.
III — Design Development
C1. Foundation Planning Committee and PBSD Workshop — Initial Design Review at 45%
• Review progress of schedule and plan solutions/findings
• Comment on Design solutions to date/ 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 to 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 PBSD Meeting to the Foundation
C3. Foundation Planning Committee — Design Review at 90%
• Review progress of schedule and plan solutions/findings
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3.
16F 3
• Comment on Design solutions to date/ 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 of
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 consultant
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 Strategic Planning Committee.
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. WilsonMiller 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
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16F 3
make the appropriate adjustments needed prior to producing the works and deliverables outlined in the
Design Development phases of work.
3.3. Lighting 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 work 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 its associated contract. The
pathway and crosswalk 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. WilsonMiller 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 will 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 will be delivered at each stage of works. In
general, the improvement planning and design process will continue to refine earlier 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 outlined above is estimated for this proposal. This
time table is provided as part of an appendix to this proposal.
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This area is intentionally left blank and the fee schedules for this proposal begin on the following page.
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4. FEES
16F 3
The fixed fees and costs for this SCOPE OF SERVICES is as follows:
FIXED FEE BREAKDOWN BY PHASE
SCOPE
SCOPE OF SERVICE
PHASE
PHASE
PHASE
TOTAL FEE
ITEM
1
II
III
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 /Foundation 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
$2430
$2,745
$2,745
$7,920
Berm - Phases I, II and III
2.5
Pathway Improvements Master Plan: Biking,
$4,860
$7,780
$7,780
$20,420
Rollerblading, Walking & Jogging - Phases I, II and III
2.6
Entry Monumentation and Signage to the Public Streets
$1,790
$4,710
$4,830
$11,330
- Phases I, II and III
2.7
Community Traffic Calming and Safety
Recommendations - Phases I and II ( Phase III roadway
$10,700
$13,650
$0
$24,350
design is not part of this proposal)
2.8
Community Park Destination Improvement Plans- Phases
$3450
$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 proposed)
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
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16F 3
PROPORTIONATE SHARE of FIXED FEES and COSTS BREAKDOWN
SCM ITEM
PHAN I
Mw I
PHM`X
fit `AIA
% DIST.
PBF
PBSD
PBF
PBSD
PBF
PBSD
PBF
PBSD
2.1- 50(50
$3330.00
$3,330.00
$0.00
$0.00
$0.00
$0.00
$3,330.00
$3,330.00
2.2- 20180
$2360.00
$9,440.00
$4,877.00
$19,508.00
$4,877.00
$19,508.00
$12,114.00
$48,456.00
2.3- 20180
$720.00
$2,880.00
$500.00
$2,000.00
$300.00
$1,200.00
$1,520.00
$6,080.00
2.4- 10010
$2,430.00
$0.00
$2,745.00
$0.00
$2,745.00
$0.00
$7,920.00
$0.00
2.5 -50150
$2,430.00
$2,430.00
$3,890.00
$3,890.00
$3,890.00
$3,890.00
$10,210.00
$10,210.00
2.6-800
$1,432.00
$358.00
$3,768.00
$942.00
$3,864.00
$966.00
$9,064.00
$2,266.00
2.7 - 50150
$5,350.00
$5,350.00
$6,825.00
$6,825.00
$0.00
$0.00
$12,175.00
$12,175.00
2.8- 10010
$3450.00
$0.00
$3,380.00
$0.00
$5,380.00
$0.00
$12,210.00
$0.00
2.9- 100(0
$5,510.00
$0.00
$8,625.00
$0.00
$4,315.00
$0.00
$18,450.00
$0.00
2.10-100/0
$2,170.00
$0.00
$1,410.00
$0.00
$0.00
$0.00
$3,580.00
$0.00
2.11 - 50150
$982.50
$982.50
$1,220.00
$1,220.00
$942.50
$942.50.00
$3,145.00
$3,145.00
2.12- 100!0
$2,880.00
$0.00
$4,665.00
$0.00
$4,665.00
$0.00
$12,210.00
$0.00
2.13. M50
$5,250.00
$5,250.00
$7,250.00
$7,250.00
$3,500.00
$3,500.00
$16,000.00
$16,000.00
Reimburse-
ables
$600.00
$600.00
$500.00
$500.00
$500.00
$500.00
$1,600.00
$1,600.00
Subtotals
$38,894.50
$30,620.50
$49,655.00
$42,135.00
$34,978.50
$30,506.50
$123,528.00
$103,262.00
TOTAL
$226,790.00
PBF = Pelican Bay Foundation
PBSD = Pelican Bay Services Division
5. ACCEPTANCE AND AUTHORIZATION TO PROCEED
5.1. Assignment
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 riot 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 Client will make an initial payment of $ 10,000 upon execution of this Agreement, prior to service
commencement. This pre - payment shall be held by WilsonMiller and applied to the final invoice for the
A26/ M- 21!102- Ver. 2- IQMNGAN
00076- 11M4M-`PRE -21386 Exhibit "A"
Page 20 of 25
16r 3
project services.
5.3. Payment Schedule
5.3.1. When professional services relating 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(ios) or Client.
5.4. This Proposal /Agreement 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.
5.5. If this Proposal /Agreement satisfactorily sets forth Clients entire understanding of 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. OwnedClient Authorization
I HEREBY CERTIFY that Pelican Bay Foundation, Inc. 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 Owners of record
of the properties that are the subject of this planning services 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 I 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
Encl: WilsonMiller, Inc. Business Terms and Conditions
WilsonMiller Rate Schedule
Attached: Appendix of Proposed Schedule and Flow Chart of Works by Phase
9282008 - 214102- Wr 2 - MANGAN
000754M-WS - LPW - 213M Exhibit "A"
Page 21 of 25
WILSONMILLER, INC. BUSINESS TERMS AND CONDITIONS
These Business Terms and Conditions are attached to, and made a pert of,
Proposals and Agreements for services by WILSONMILLER, INC., referred to
herein as the 'Design Professional.*
1. IMornutlon from Client
The Client shall provide all irtortnatiaon reasonably requested by the Design
Professional including, but not necessarily limited to, supporting information,
extraordinary project considerations, special services required, deeds,
easements, rights of way, and all other information requested by the Design
Profassional in order for it to provide the services described in this Agreement.
The Design in shall be entitled to rely upon such information, and shall
have no liability as a result of any inaccuracy or incompleteness of any such
information.
2. bilNings and Payments
Fixed fees shall be billed monthly for that portion of the Design Professional's
services rendered through the billing date, plus reimbursable expenses.
Time/Material ('TIM") fees shall be billed marbly based on the time and
materials incurred to the billing date, plus reimbursable expenses. Chem agrees
to carefully read ON billing invoices/statements and promptly notify WilsonMiller,
in writing, of any claimed errors or discrepancies, within fifteen (15) days from the
data of the invoioe/statsmert If WilsonMitler does rot hear from Client in writing,
it is presumed that Chard agrees with correctness, accuracy, and fairness of the
billing imroiee/statemerit. Should the scope of the work be increased, Client
agrees to an increase in the fee based on the increased responsibility assumed,
time to be expended, and Nobility to be incurred. A T/M estimate, if provided, is a
good faith estimate for information purposes only, and user no clrcumstances
shall Design Professional be limited in the amout to which it is enb#W to be
compensated by any such estimate. In arty and ail instances in which a T/M
estimate is given, the Client adcnavledges that the actual fee and amount of
reimbursable expenses may be more or less based upon the actual time,
materials and expenses incurred (with the amount of the fee to be paid to be
determined based on the Design Professional's rate code schedule in effect at
the time the services are rendered), Additional Services provided shall be billed
monthly. The continuous progress of the Design Professional's services requires
prompt payment Payment is due upon receipt of the Design Professional's
invoices. The Design Professional shall be entitled to recover interest at the rate
of 12% per annum on invoices which are not paid within 30 days and, in addition,
the Design Professional may, after seven days' notice to the Client, suspend or
terminate (in the Design Professional's sole discretion) its services under this
Agreement until of outstanding amounts (for both services and reimbursable
expenses) have been paid in full, including applicable interest. The foregoing
provisions of this Agreement to the contrary notwithstanding, in the event that
any of the Design Professional's statements are not paid within 60 days from the
receipt thereof by the Client, and even if the Design Professional has not given a
seven -day notes to the Client regarding the same, the Design Professional may
suspend further services under this Agreement until any and all such outstanding
statements have been paid in full, including applicable Interest. Arry prepayment
made at or about the execution of the Agreement shall be crackled to the Client's
account at the time of final payment.
3. Reimbursable Expenses
Project related expenses such as travel; lodging; subsistence; long distance
communication, postage, shipping: reports, drawing ardlor specification
reproduction; and Chem authorized overtime, 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 15 %.
4. Taxes
in the event that any taxes or fees on the Design Professional's services or
reimbursable expenses are imposed by any governmental authority, the some
shah be added to the Design Professional invoices under this Agreement, and
shall be the responsibility of the Client.
6. Sr bcawultant Contract Adminlstratfon
Charges for subcoraultants to the Design Professional will be baled to the Client
at Cost plus 15 %.
6. Adfuwtment of Hourly Raba and Renegotiation of Fees
Hourly rates and all rates in the Design Professional's current rate code schedule
are subject to periodic review and adjustment. Moreover, the Design
Professional reserves the right to renegotiate fixed fees to reflect changes in
price indices and pay scales applicable to the period when services are
rendered. The Design Professional and the Client agree to exercise good faith in
any such renegotiation.
7. Permit and Application Fees
The Client shaft pay of Pried- related fees, including, but not limited to, any and
all legal and administrative fees incident to plan review, platting, permitting, DRI,
PUD, rezoning applications and impact fees, and the Design Professional stall
have no liability therefore whatsoever.
8. Budgetary Undtations
The Client shaft advise the Design Professional in writing either before execution,
or within 15 days of execution, of this Agreement, of any budgetary limitations for
the overall Project Cost or Construction Cost. The Design Professional will
endeavor to work within those limitations. However, the Design Professional
does rot guarantee that any opinions it may render regarding to probable cost
of construction or of any aspect of the Project will not defer materially from
quoted fees, submitted bids, negotiated prices or actual costs ultimately incurred.
It Client wishes greater assurance as to probable constriction costs, or if formal
16F 3
estimates are otherwise desired, the Client must employ the services of an
independent cost estimator.
8. Excluded Services
The Design Professional will provide only those services described in the Scope
of Services that is a part of this Agreement. The Design Professional shall have
no responsibility or liability whatsoever for any services beyond those specifically
described in the Scope of Services, and any and all other services are
specifically excluded.
10. Coratnwtlon Phase
During any site visits or when to Design Professional otherwise observes the
contrsctor's(s') work in progress, the Design Professional shall not supervise,
direct or have control over the contractONs') work, nor shall the Design
Professorial have any authority over, or responsibility for, the means, methods,
techniques, sequences or procedures of construction selected by the
contractx(s), or for any safety precautions or programs incident to the work of
the contractor(s), or for any failure of the contractors) in furnishing or performing
its(their) work. The Design Professional rather guarantees the performance of
any constriction contracts by contractor(s), nor assuines responsibility or liability
for the contractor's(s) failure to furnsh or perform its(their) work in accordance
with the applicable contract documents.
11. Delays
The Design Professional shall take reasonable steps to perform its services in a
timely fashion, but the Client recognizes and agrees that factors both within and
outside the Design Professional's control may delay the Design Professionars
services, as well as the work performance, permitting, license issuaxoe and
overall constriction of the Project While the Design P. awl shah take such
steps as it reasonably can to meet She Client's reasonable scheduling demands,
under no circumstances shall the Design Professional be responsible for any
damages for delay, whether the same are caused in whole or in part by any
ciremstances within tie Design Professional's control.
12. Legal Inlarpratatlons Not Provided
The services and work proposed to be performed pursuant to this Agreement are
based upon the services of a professional engineer, professional land surveyor,
professional land planner andfor professional landscape architect, and do not
and will not under any circunstances constlbAe the rendering of legal advice,
legal opinions or legal services. Any interpresetian of laws, Hies, regulations or
ordinances are based solely upon the professional opinions of the Design
Professional as a design professional. The Client understands that the same are
not intended as legal opinions, and the Client shot in any and all such instances
secure adequate legal counsel as may be needed for the Clients needs related
to the Project.
13. Cooperation vtth 00w Consultants or Client's Attorney
A number of issues may arise relating to On Project for which legal advice and
services may be required. Any and all legal advice or services am beyond the
scope of this Agreement, and the Client agrees that the Client shall retain such
attorneys as may be necessary In order to render legal advice and services as
needed for the Project. Such attorneys shall participate as professional team
members, and the Client will serve as project coordinator between the Design
Professional and such attorneys and any and all other consultants or
professionals who may be necessary for the success of the Protect, and the
Client shall ensure the cooperation with the Design Professional of such
attorneys and other consultants who have contracted dractly with the Client.
The fees and costs billed by such attorneys and otter consultants shall be the
sole responsibility of the Client, and the Design Professional shall have no
responsibility or liability therefore whatsoever.
14. Ownership of Instruments of Smvices
All reports, plants, specifications, field data, notes and other documents, including
electronic media, prepared by the Design Professional as Instruments of service,
shall remain the property of the Design Professional.
16. Agreemrent Not to Hire Employees
In consideration of the services to be provided by Design Professional pursuant
hereto and, and in recognition or the time and expernses incurred by the Design
Professional in to hiring and training of their employees, Client hereby agrees
that, during the term of this Agreement, and for a period of one year following the
date of termination of this Agreement, Client shall not solicit for employment,
offer employment to, or engage or hire (either as an employee, leased employee,
or as an independent contractor) any person who, during the term of this
Agreement, was an employee of the Design Professional. The Client
acknowledges and agrees that in the event of a breach of this provision (which,
by its own terms, will survive the termination of this Agreement), the Chat shall
pay the Design Professional liquidated damages, and not as a penalty, an
amount equal to one years compensation of the employee who has been hired,
based upon the compensation that was being paid to such employee
immediately prior to his or her termination of employment with the Design
Professional. Client and Design Professional may, by mutual agreement, elect to
waive this provision.
16. Termination ation for Cause
This Agreement may be terminated by the Giant upon 30 days' written notice in
the event of a material breach hereof by the Design Professional. provided that
the Design Professional does not cue such materiel breach within the 30 -day
period after it receives written notice of the same (describing the alleged breach
in detail) or, in relation to matters which cannot be cured within such 30 days,
unless the Design Professional has failed to initiate reasonable a" to cure
9!29/2009 - 214102 - Ver. 2 - KM"AN
00075- NM- ODS -LPRE -21380 Exhibit "A"
Page 22 of 25
such breach. In the event of a cure or the undertaking of reasonable steps to
cue by the Design Professional within such 30-day period, the Cent sham have
no right to terminate for cause. This Agreement may be terminated by the
Design Professional in the event that any of its statements have not been paid
within seventy days of the date when such payment was due, provided that the
Client shell have the right to cure such default by making payment (inducing
applicable interest) within seven days of its receipt of a written notice from the
Design Professional describing the default in payment.
17. Termination for Convenience
This Agreement may be terminated for convenience by the Chard upon 30 days'
advance written notice to the Design Professional. in such evarrt, the Design
Professional shall be entitled to be compensated for all services performed, and
to be reimbursed for all reimbursable expenses incurred, through the ettlechve
data of termination, provided, however, that the Design Professional shall also be
entitled to a termination expense equal to 10% of the total amount of fees to
which the Design Professional is entitled through the efteotive date of
tem nnation. The Design Professional shag also have the right to terminate this
Agreement for convenience upon 30 days' written notice to the Client, in which
event the Design Professional shag be entitled to be oompersated for all services
rendered, and to be reimbursed for all reimbursable expenses reasonably
incurred, through the effective date of termination. In the event of such a
termination for convenience by either the Client or the Design Professional, all
such amounts shall be paid to the Design Professional no later than 15 days
following the effective date of such a termination for Convenience. In either
award, the amounts set forth herein shall be file sole amounts the Design
Professional is entitled to receive and, in the event of a termination for
convenience, neither party shall have any liability to the other for breach of
contract as a result of such a termination for convenience.
18. Hazardous Malenals
Services related to asbestos, PCB, and any and all other hazardous or toxic
materials are expressly excluded from this Agreement. The Client agrees that
the Client shall provide a site that complies with at applicable laws and
regulations, and the Client shall defend, indemnify and hold harmless the Design
Professional, and its officers. directors, employees, agents, servants and
representatives, from any and all claim of any nature whatsoever, inducing, but
not limited to, reasonable attorneys' tees, which arise out of or relate to the
presence of any asbestos, PCB, or other hazardous or toxic materials on the
Project site. In the event arty asbestos, PCB, or other hazardous or toxic
materials are found to be present on the Project site, the Design Professional
may, at its option and without any liability for any direct, incidental or
consequential damages, suspend services unfil the Client (acting through
appropriate specialist consultants) abates or removes any and all such asbestos,
PCB, hazardous or toxic materials from the Project site.
18. Standard of Care and Allocation of Risk
The Design Professional's services under this Agreement will be consistent with
the degree of care and skill exercised by reasonably Prudent members of the
Design Professional's profession who am acting in the community in which the
services are provided under similar circumstances. N the Design PmfessiorWs
services fall below this standard of care, than the Client shag provide notice of
the same to the Design Professional and allow the Design Professional an
opportunity to correct such services before the Design Professional shall be
liable for any damages suffered or incurred by the Client as a result of such
failure of the Design Professional to meet the aforesaid standard of care. The
Design Professional and the Client recognize that this Project involves risk.
While the Design Professional shall be liable for its negligent acts and errors, the
Design Professional and the Client hereby agree as follows regarding the Design
Professionals liability arising out of or relating to this Agreement and/or the
Project to which it relates: (i) in relation to any negligent omissions by the Design
Professional, the Design Professional's liability shall be limited to the cost,
expenses or damages suffered or incurred by the Chard as a result or
consequence of any such negligent omissions, but in no event shall the Design
Professional be liable for the Cost of the labor, equipment, services or materials
which the Design Professional negligently omitted which, if they had not been
omitted, would have been included in the Project and paid for by the Client in any
event; and (ii) in relation to both the provisions of "(i)' just precuding this clause,
and in relation to any and all other claims for losses, expenses, costs, liabilities
and damages of any kind whatsoever for which the Design Professional may
otherwise be table, the CAient agrees that the maximum amount for which the
Design Professional may be responsible or liable is $10,000.00, or the Design
Professional's fees in relation to this Project, whichever is greater.
20. W lverofConsequential Damages
Any other provisions of this Agreement to the contrary notwithstanding, and to
the fullest extent permitted by law, except as expressly set forth in clause "(i)" of
the Standard of Care and Allocation of Risk section set font above, neither the
16f
Client nor the Design Professional, or any of their respective officers, directors,
partners, employees, contractors, subcontractors, c onsultarrls or suboonsuhards,
shelf be liable to the other, or shall make any claim, for any incidental, inbred,
resulting or consequential damages arising out of or connected in any way to this
Project or to this Agreement This mutual waiver of incidental, indrod, resulting
and consequential damages shall include, bul not necessarily be limited to, any
and all claims for loss of use, loss of profit, loss of business, loss of income, loss
of regulation or any other form of incidental, indirect, resulting or consequential
damages that either party may have incurred, regardless of whether or not any
such party's cause of action is based upon contract, ton, statute or otherwise.
Both the Client and the Design Professional shall require similar waivers of
incidental, indeed, resulting and consequential damages protecting all the
entities and persons named herein in all contracts and subcontracts with others
involved in this Project, provided, however, that the failure to require such
waivers shall not in any way negate the full extent of the waiver expressed in this
paragraph as between the Client and the Design Professional.
21. kwlemnMcNfon
The Client and the Design Professional shag indemnify one another for their
respective acts and omissions, as well as for the acts and omissions of any
officers, directors, partners, employees, contractors, subcontractors, consultants
or subconsultants working by, through or under either of them (whether in
contract with therm directly or indrectly), from any claims, kisses, costs, expenses
(including, but not limited to, reasonable attorneys' fees) or other tablkites
(including, but not limited to, administrative fines or penalties), which arias out of
or result from any negligent or intentional ad or omission of either of them (or of
anyone for whom either of them may be responsible or gable), provided that the
party seeking such indemnification shall not have been actively at fault in relation
to the claim which has boon so asserted against them.
22. Mediation, Venue and Attorneys' Fees
Prior to the filing of any litigation by the Client or the Design Professional agairW
the other (and, swept as described below, as a precondition to any such Ming),
the Client and the Design Professional shall engage in pre -suit mediation. Such
mediation may be requested by either party, at any tine, and shell be conducted
the sane as N such mediation were ordered by a Florida Circuit Court (i.e., in
accordance with, and "act to, ail of the laws and rules applicable to court
ordered mediation). Such medation shall be conducted within a reasonable
period of time after the sane is requested in writing by either party. N the parties
are unable to agree upon the selection of a mediator, artier party may petition or
request the Circuit Court in the county in which the Project is located (or the
Mediation Coordinator, If any, for the Courts of the county in which the Project is
located) to appoint a mediator. A mediator who is so appointed may only be
challenged for cause, and not peremptorily. While the request for and the
conducting of such a mediation shag be a precondition to the fling of a civil
action, in the event that either party is in jeopardy of losing its right to sue (e.g.,
the statute of limitations is about to e)pire), then a suit may be tied before
mediation is conducted, provided that mediation is requested before, or
simultaneously with, the fling of such suit, and is conducted before the named
defendant in the suit is required to respond to the Complaint N the scheduling of
the mediation requires, the plaintiff in the suit shag therefore gram the defendant
an appropriate extension of time to respond to the Complaint so as to permit the
mediation to be conducted before the defendant must so respond.
The Client and the Design Professional agree that any litigation between them
arising out of, resulting from or relating to this Agreement or the Project shall be
vaned, and shall only be venued (i.e., exclusively), in a state cant of competent
jurisdiction in the county in which the Project is located.
In the event of any litigation between the Client and the Design Professional
arising out of, resulting from or relating to this Agreement or the Project, the
prevailing party shall be entitled to recover the prevailing party's reasonable
attorneys' fees and cant costs, at the trial and at all appellate levels.
23. SeverabNtty
In the event that any provision of this Agreement is found to be Invalid or
unenforceable for any reason (whether on its face or as applied), the some stall
be deemed excised and such excision shall have no etfed upon ft remaining
provisions hereof. N is the intent of the parties that this Agreement be enforced
to the fullest extent permitted by law.
24. Entire Understanding and Leek of WNver
This Proposel/Agreemem represents the entire understanding between the Chem
and the Design Professional in respect to this Project, and may only be modified
in writing. The failure of either party to require strict performance by the otter
shag not constitute a waver of any of such party s rights pursuant to this
Agreement, or to thereafter require strict performance by such other party.
W2 8/20 0 9- 211102- Ver:2- MANGAN Exhibit "A"
00075-NO2 -OW - LPFE - 21388
Page 23 of 25
3
16F 3
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 %.
9/28AM- 214102- Ver.2- KMANGAN Exhibit "A"
00075- ND2-0OS - LPRE - 21388
Page 24 of 25
WILSONMILLER, INC. SCHEDULE OF FEES
Effective May 26, 2007
PC1
Professional Consultant Level 1
$85.00 /Hr.
PC2
Professional Consultant Level 2
$95.00 /Hr.
PC3
Professional Consultant Level 3
$110.00 /Hr.
PC4
Professional Consultant Level 4
$120.00 /Hr.
PC5
Professional Consultant Level 5
$135.00 /Hr.
PC6
Professional Consultant Level 6
$145.00/Hr.
PC7
Professional Consultant Level 7
$160.00 /Hr.
PC8
Professional Consultant Level 8
$180.00 /Hr.
PC9
Professional Consultant Level 9
$195.00 /Hr.
P10
Professional Consultant Level 10
$210.00 /Hr.
P11
Professional Consultant Level 11
$225.00 /Hr.
P12
Professional Consultant Level 12
$250.00 /Hr.
P13
Professional Consultant Level 13
$275.00 /Hr.
CT1
Computer Technician 1
$60.00 /Hr.
CT2
Computer Technician 2
$70.00 /Hr.
CT3
Computer Technician 3
$80.00 /Hr.
CT4
Senior Designer 4
$100.00 /Hr.
CT5
Senior Designer 5
$115.00/Hr.
FT1
Field Technician 1
$55.00 /Hr.
FT2
Field Technician 2
$65.00 /Hr.
FT3
Field Technician 3
$75.00 /Hr.
FT4
Field Technician 4
$85.00 /Hr.
FT5
Field Technician 5
$95.00 /Hr.
AMA
Administrative Assistant 1
$45.00 /Hr.
AM2
Administrative Assistant 2
$55.00 /Hr.
AM3
Project Administrator
$65.00 /Hr.
SC2
2 Person Field Crew
$125.00 /Hr.
SC3
3 Person Field Crew
$155.00 /Hr.
SR1
1 Person Robotic Survey Crew
$120.00 /Hr.
SR2
2 Person Robotic Survey Crew
$150.00 /Hr.
GPC
GPS Crew
$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 %.
9/28AM- 214102- Ver.2- KMANGAN Exhibit "A"
00075- ND2-0OS - LPRE - 21388
Page 24 of 25
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PROPORTIONATE SHARE of FIXED FEES and COSTS BREAKDOWN - EXHIBIT B
PBF = Pelican Bay Foundation
PBSD = Pelican Bay Services Division
597080 v_01 1067730.0012
ray. ..
% DIST.
PBF
PBSD
PBF
PBSD
PBF
PBSD
PBF
PBSD
2.1- 50150
$3330.00
$3,330.00
$0.00
$0.00
$0.00
$0.00
$3,330.00
$3,330.00
2.2 -20/80
$2360.00
$9,440.00
$4,877.00
$19,508.00
$4,877.00
$19,508.00
$12,114.00
$48,456.00
2.3 - 20M
$720.00
$2,880.00
$500.00
$2,000.00
$300.00
$1,200.00
$1,520.00
$6,080.00
2-4- 100/0
$2,430.00
$0.00
$2,745.00
$0.00
$2,745.00
$0.00
$7,920.00
$0.00
2.5 -50x50
$2,430.00
$2,430.00
$3,890.00
$3,890.00
$3,890.00
$3,890.00
$10,210.00
$10,210.00
2.6- 80120
$1,432.00
$358.00
$3,768.00
$942.00
$3,864.00
$966.00
$9,064.00
$2,266.00
2.7- 50x50
$5,350.00
$5,350.00
$6,825.00
$6,825.00
$0.00
$0.00
$12,175.00
$12,175.00
2.8- 100/0
$3450.00
$0.00
$3,380.00
$0.00
$5,380.00
$0.00
$12,210.00
$0.00
2.9- 10010
$5,510.00
$0.00
$8,625.00
$0.00
$4,315.00
$0.00
$18,450.00
$0.00
2.10 -100/0
$2,170.00
$0.00
$1,410.00
$0.00
$0.00
$0.00
$3,580.00
$0.00
2.11 - 50/50
$982.50
$982.50
$1,220.00
$1,220.00
$942.50
$942.50
$3,145.00
$3,145.00
2.12- 100/0
$2,880.00
$0.00
$4,665.00
$0.00
$4,665.00
$0.00
$12,210.00
$0.00
2.13 - 50/50
$5,250.00
$5,250.00
$7,250.00
$7,250.00
$3,500.00
$3,500.00
$16,000.00
$16,000.00
Reimburse-
ables
$600.00
$600.00
$500.00
$500.00
$500.00
$500.00
$1,600.00
$1,600.00
Subtotals
$38,894.50
$30,620.50
$49,655.00
$42,135.00
$34,978.50
$30,506.50
$123,528.00
$103,262.00
TOTAL
$226,790.00
PBF = Pelican Bay Foundation
PBSD = Pelican Bay Services Division
597080 v_01 1067730.0012