#08-5107 (Dyer, Riddle, Mills & Precourt)
Contract 08-5107
Consultant Services for the Metropolitan Planning Organization Long Range
Transportation Plan (LRTP) 2035 Update
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this (f..,......dayof Dec"",,," beer
2008, by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and,
Dyer, Riddle, Mills, and Precourt, Inc. authorized to do business in the State of Florida, whose
business address is 941 Lake Baldwin Lane, Orlando, FL 32814 (hereinafter referred to as the
"CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Planning services of the
CONSULTANT concerning the Metropolitan Planning Organization Long Range
Transportation Plan 2035 Update (hereinafter referred to as the "Project"), said services being
more fully described in Schedule A, "Scope of Services", which is attached hereto and
incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise In the type of
professional services that will be required for the Project.
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NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional planning services in all phases of
the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates John R. Burkett, PE, a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
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services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
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the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
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RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
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2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
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(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
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commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
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deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE 0 to
this Agreement.
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9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Board of County Commissioners, Collier
County, Florida, as an additional insured as to the operations of
CONSULTANT under this Agreement and shall contain a severability of
interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance, which are to be provided in the form
attached as Attachment I to Schedule 0, must identify the specific Project
name, as well as the site location and address (if any).
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
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ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
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Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
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codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
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ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building H
3301 Tamiami Trail East
Naples, H 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
Dyer, Riddle, Mills and Precourt, Inc.
941 Lake Baldwin Lane
Orlando, FL 32814
Attn: John R. Burkett, PE
Telephone: 407-896-0594
Fax: 407-896-4836
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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18
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable In whole or In part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
I'SA
19
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Exhibit 1
TERMS FOR FEDERAL AID CONTRACTS
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
PSA 20
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
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21
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
sea. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for RFP 08-5107 Consulting Services for the Metropolitan Planning
Organization Long Range Transportation Plan (LRTP) 2035 Update the day and year first
written above.
ATTEST:
Dwight E. Brock, Clerk
~
By: ,'" ", ',' -q (j.(,..
Date::l-'~;... '.' ",
Att.n ..to .~t...... .
.t...~ ilIl;. ,-
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
, .
Approved as to "form and
~~L~
A istant County Attorney
I / '.
, .),
/ J/ f)r ,
JIll, ~~-
(First . ess
Ii 'rf'~ b .
11--t I I M Lr I a J..fl
1Type/print witness name
~, ,-
Over. Riddle. Mills and Precourt. Inc.
By:
Signature
Second Witness
tlr! liJ/;J()oK.F
tType/print witness namet
JPH~ ;t. p,u~en; YI~ /"A'4Up~
Typed signature and title
PSA
23
EXHIBIT 1
TERMS FOR FEDERAL AID CONTRACTS
The following terms apply to all contracts in which services involve the expenditure of federal
funds:
A. It is understood and agreed that all rights of the Department relating to inspection,
review, approval, patents, copyrights, and audit of the work, tracing, plans specifications,
maps data, and coast records relating to this Agreement shall also be reserved and held
by authorized representatives of the United States of America.
B. It is understood and agreed that, in order to permit federal participation, no supplemental
agreement of any nature may be entered into by the parties hereto with regard to the
work to be performed hereunder without the approval of U.S.D.O.T., anything to the
contrary in this Agreement not withstanding.
C. Compliance with Regulations: The Consultant shall comply with the regulations of the
U.S. Department of Transportation relative to nondiscrimination in federally-assisted
programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulation
"CFR", Part 21, hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of the contract.
D. Nondiscrimination: The Consultant, with regard to the work performed by him after award
and prior to completion of the contract work, will not discriminate on the grounds of race,
color, religion, sex or national origin in the selection and retention of subcontractors,
including procurements of material, and leases of equipment. The consultant will not
participate either directly or indirectly in the discrimination prohibited by 49 CFR Section
21.5 of the program set forth in Appendix B of the Regulations.
E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations made by competitive bidding or negotiation made by the Consultant for
work to be performed under a subcontract, including procurements of materials an
leases of equipment, each potential subcontractor, supplier or lessor shall be notified by
a consultant of the consultant's obligations under this contract and the regulations
relative to nondiscrimination on the grounds of race, color religion, sex or national origin.
F. Information and Reports: The Consultant will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto, and will permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the Department or U.S. Department of Transportation to be
pertinent to ascertain compliance with such Regulations, orders and instructions. Where
any information required of the Consultant is in the exclusive possession of another who
fails or refuses to furnish this information, the Consultant shall certify to the Department,
or the U.S. Department of Transportation, as appropriate, and shall set forth what efforts
it has made to obtain the information.
G. Sanctions of Noncompliance: In the event of the Consultant's noncompliance with the
nondiscrimination provisions of this contract, the State of Florida Department of
Transportation shall impose such contract sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to,
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1. withholding of payments to the Consultant under the contract until the
Consultant complies and/or
2. cancellation, termination or suspensions of the Contract, in whole or in part.
H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph A
through H in every subcontract, including procurements of materials and leases of
equipment unless exempt by the Regulations, order, or instructions issued pursuant
thereto, The Consultant will take such action with respect to any subcontract or
procurement as the State of Florida Department of Transportation or the U.S.
Department of Transportation may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that, in the event a
Consultant becomes involved in, or is threatened with litigation with a subcontractor or
supplier as a result of such direction, the Consultant may request the State to enter into
such litigation to protect the interests of the State, and, in addition, the Consultant may
request the United Stated to enter into such litigation to protect the interests of the
United States.
I. Interest of Members of Congress: No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this contract or to any benefit
arising there from.
J. Interest of Public Officials: No member, officer, or employee of the public body or of a
local public body during his tenure or for one year thereafter shall be any interest, direct
or indirect, in this contract or the proceeds thereof. For purposes of this provision, public
body shall include municipalities and other political subdivisions of States, and public
corporations, boards, and commissions established under the laws of any State.
K. Participation by Minority Business Enterprises: The Consultant shall agree to abide by
statements in Paragraph (1) and (2) which follow. These statements shall be included in
all subsequent agreements between the Consultant and any Sub-consultant or
contractor.
1. "Policy: It is the policy of the Department of Transportation that minority
business enterprises as defined in 49 CFR Part 23 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or
in part with Federal funds under this agreement. Consequently, the MBE
requirements of 49 CFR Part 23 applies to this agreement.
2. "MBE Obligation: The recipient or its contractor agrees to ensure that minority
business enterprises, as defined in 49 CFR Part 23, have the maximum
opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal Funds provided under this
agreement. In this regard, all recipients or contractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23, have the maximum
opportunity to participate in the performance of contracts and subcontracts
finance in whole or in part with Federal funds provided under this agreement.
In this regard, all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that minority
business enterprises have the maximum opportunity to compete for and
perform contracts. Recipients and their contractors shall not discriminate on
PSA 25
the basis of race, color, national origin, or sex in the award and performance of
DOT-assisted contracts."
L. It is mutually understood and agreed that the willful falsification, distortion or
misrepresentation with respect to any facts related to the project(s) described in this
Agreement is a violation of the Federal Law. Accordingly, Unites States Code, Title 18,
Section 1020, is herby incorporated by reference and made a part of this Agreement.
M. It is understood and agreed that if the Consultant at any time learns that the certification it
provided the Department in compliance with 49 CFR, Section 23.51, was erroneous when
submitted or has become erroneous by reason changed circumstances, the Consultant
shall provide immediate written notice to the Department. It is further agreed that the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall
be included by the Consultant in all lower tier covered transactions and in all
aforementioned federal regulation.
N. The Department herby certifies that neither the consultant nor the consultant's
representative have been required by the Department, directly or indirectly as an express
or implied condition in connection with obtaining or carrying out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution,
donation, or consideration of any kind;
The Department further acknowledges that this agreement will be furnished to a federal agency, in
connection with this contract involving participation of Federal-Aid funds, and is subject to
applicable State and Federal Laws, both criminal and civil.
O. The Consultant hereby certified that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working solely
for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or
retain the services of any firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for the above contractor) any fee contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out the
contract.
The consultant further acknowledges that this agreement will be furnished to the State of Florida
Department of Transportation and a federal agency in connection with this contract involving
participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
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SCHEDULE A
SCOPE OF SERVICES
LEE & COLLIER MPO
2035 LONG RANGE TRANSPORTATION PLAN
1.0 General
The purpose of this contract will be to provide planning and consulting services for the
development of two 2035 Long Range Transportation Plans for (1) the Lee County Metropolitan
Planning Organization (MPO) and (2) the Collier MPO. This will be one consultant for two (2)
contracts resulting in two (2) separate but coordinated plans. All modeling work will be done in
CUBENoyager format.
1.1 Study Area
The area to be considered in the development of the LRTP is defined by the boundaries of Lee
and Collier County, Florida.
1.2 Schedule
The CONSULTANT shall prepare and maintain a project schedule, which will outline the time
frame for accomplishing the long range transportation plan update and supplemental services
by June 2010. This schedule shall be in sufficient detail to describe the deliverables, when the
various tasks will start and finish, milestones important to maintaining the project schedule and
allow for the review time needed by the various agencies. The schedule should include the
identification of critical milestones. This schedule will allow sufficient time for meetings and take
into account the committee process for both of the MPOs. This task will require the Consultant
to refine and maintain the time schedule for completing the tasks within the approved schedule
for the update. Any changes to the time schedule will be outlined at the time of submittal of
monthly progress reports. If the schedule is not on time a detailed explanation will be provided
to the Lee and Collier MPOs.
1.3 Consistency with Federal and State Requirements
The Consultant will recommend a process based on this scope of services and shall be
consistent with Federal and State requirements. The LRTP will be updated consistent with
SAFETEA-LU which recognizes that transportation investments impact the economy,
environment and community quality of life. Federal Metropolitan Planning laws and regulations
(23U.S.C134 and 23CFR450) and State Metropolitan Planning law (339.175), establish the
framework and provide guidance in the preparation and regular review and update of Long-
Range Transportation Plans by the Metropolitan Planning Organizations (MPOs). The plan
shall:
(1) Identify the projected transportation demand of persons and goods in the
metropolitan planning area over the period of the plan;
(2) Identify adopted congestion management strategies including, as appropriate,
traffic operations, ridesharing, pedestrian and bicycle facilities, alternative work
schedules, freight movement options, high occupancy vehicle treatments,
telecommuting, Intelligent Transportation System infrastructure and public
transportation improvements (including regulatory, pricing, management, and
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operational options), that demonstrate a systematic approach In addressing
current and future transportation demand;
(3) Identify pedestrian walkway and bicycle transportation facilities in accordance with
23 U.S.C. 217(g); This section will be handled through the Comprehensive
Pathway Planning process each MPO has funded. The CONSULTANT will
coordinate with each MPO's Consultant to assure a smooth transition into each
MPO's Year 2035 LRTP.
(4) Reflect the consideration given to the results of the management systems;
(5) Assess capital investment and other measures necessary to preserve the existing
transportation system (including requirements for operational improvements,
resurfacing, restoration, and rehabilitation of existing and future major roadways,
as well as operations, maintenance, modernization, and rehabilitation of existing
and future transit facilities) and make the most efficient use of existing
transportation facilities to relieve vehicular congestion and enhance the mobility of
people and goods; Include design concept and scope descriptions of all existing
and proposed transportation facilities in sufficient detail, regardless of the source
of funding, in nonattainment and maintenance areas to permit conformity
determinations under the U.S. EPA conformity regulations at 40 CFR part 51. In all
areas, all proposed improvements shall be described in sufficient detail to develop
cost estimates;
(6) Reflect a multi-modal evaluation of the transportation, socioeconomic,
environmental, and financial impact of the overall plan, including all major
transportation investments in accordance with Sec. 450.318;
(7) For major transportation investments for which analyses are not complete, indicate
that the design concept and scope (mode and alignment) have not been fully
determined and will require further analysis. The plan shall identify such study
corridors and sub areas and may stipulate either a set of assumptions (assumed
alternatives) concerning the proposed improvements or a no-build condition
pending the completion of a corridor or sub area level analysis under Sec.
450.318. In nonattainment and maintenance areas, the set of assumed
alternatives shall be in sufficient detail to permit plan conformity determinations
under the U.S. EPA conformity regulations (40 CFR part 51);
(8) Reflect, to the extent that they exist, consideration of: the area's comprehensive
long-range land use plan and metropolitan development objectives; national,
State, and local housing goals and strategies, community development and
employment plans and strategies, and environmental resource plans; local, State,
and national goals and objectives such as linking low income households with
employment opportunities; and the area's overall social, economic, environmental,
and energy conservation goals and objectives;
(9) Indicate, as appropriate, proposed transportation enhancement activities as
defined in 23 U.S.C. 101 (a); and
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demonstrates the consistency of proposed
already available and projected sources of
28
(10)
Include a financial plan that
transportation investments with
revenue. The financial plan shall compare the estimated revenue from existing and
proposed funding sources that can reasonably be expected to be available for
transportation uses, and the estimated costs of constructing, maintaining and
operating the total (existing plus planned) transportation system over the period of
the plan. The estimated revenue by existing revenue source (local, State, and
Federal and private) available for transportation projects shall be determined and
any shortfalls identified. Proposed new revenues and/or revenue sources to cover
shortfalls shall be identified, including strategies for ensuring their availability for
proposed investments. Existing and proposed revenues shall cover all forecasted
capital, operating, and maintenance costs. All cost and revenue projections shall
be based on the data reflecting the existing situation and historical trends. For
nonattainment and maintenance areas, the financial plan shall address the specific
financial strategies required to ensure the implementation of projects and
programs to reach air quality compliance.
Metropolitan planning regulations require that in formulating the long range transportation plan,
the MPO should provide for consideration of projects and strategies that give consideration to
the following eight (8) evaluation factors, as they relate to a minimum twenty (20) year forecast
period:
. Support the economic vitality of the United States, the States and Metropolitan areas,
especially by enabling global competitiveness, productivity and efficiency; and
. Increase the safety of the transportation system for motorized and non-motorized users.
The safety element shall incorporate or summarize priorities, goals, counter measures or
projects contained in the Strategic Highway Safety Plan; and
. Increase the security of the transportation system for motorized and non-motorized users.
The security element shall incorporate or summarize the priorities, goals or projects set
forth in the transit safety and security planning and review processes, plans and
programs; and
. Increase the accessibility and mobility options available to people and freight; and
. Protect and enhance the environment, promote energy conservation, and improve quality
of life; and
. Enhance the integration and connectivity of the transportation system, across and
between modes, for people and freight; and
. Promote efficient system management operation; and
. Emphasize the preservation of the existing transportation system.
The goal of the plan is to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems
that will serve the mobility needs of people and freight and foster economic
growth and development within and through urbanized areas, while minimizing
transportation-related fuel consumption and air pollution.
The process for developing the plan should provide for consideration of all modes of
transportation and shall be continuing, cooperative, and comprehensive to the degree
appropriate, based on the complexity of the transportation problems to be addressed.
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In developing the long-range transportation plan, the MPO's public involvement process should
provide citizens, affected public agencies, representatives of transportation agency employees,
freight shippers, private providers of transportation, representatives of users of public transit,
providers of freight transportation services, and other interested parties with a reasonable
opportunity to comment on the proposed plan. In addition, the LRTP shall be developed in
consultation with Federal, State, Tribal and local agencies responsible for land use
management, natural resources, environmental protection, conservation and historic
preservation. The Consultant, with assistance from both MPO's, shall find ways to get input from
underserved communities, such as the Haitian community in Collier County to ensure we are
getting input from a wide cross-section of our community.
The MPO shall identify stakeholders that will be used to make a up a steering committee who
will be brought together at key decision points to review and provide input that will be used to
help develop the plan. During the course of development/update, the long-range transportation
plan will provide input into a coordinated environmental review process for highway construction
projects (Environmental Streamlining/Efficient Transportation Decision Making-ETD). In addition,
as part of this review process the Consultant, with the assistance of staff, shall consider potential
mitigation activities that can be used to mitigate for the projects identified in the Plan.
The modeling shall be done on the Cube Voyager platform and will include transit to analyze
transit operations such as bus rapid transit, light rail transit and commuter rail transit.
The CUBE Voyager model is being validated for use in each MPO's LRTP by the Florida
Department of Transportation, District One. The CONSULTANT will rely on the validated model
for multi-modal transportation alternatives, and cannot begin this part of the project until Collier
County MPO and Lee County MPO have accepted the base Year 2007 Validated Model from
FOOT.
2.0 Scope of Services
2.1 Project Initiation, Quality Assurance and Project Management
2.1.1 Project Initiation - The Consultant will initiate the project with research and
collection of all relevant existing documents. This task involves the acquisition of
applicable maps, graphics, existing plans and data from available sources.
2,1.2 Quality Assurance - The Consultant shall assign one person that will be doing
the Quality Assurance reviews and will be the primary contact for the MPOs when
there are issues with the work products.
2.1.3 Project Management - This task involves the ongoing project management
responsibilities throughout the project and will include regular coordination
meetings with the MPOs assigned contacts.
2.1.4 The Consultant will review the current plans and will meet with the MPO staff and
the local jurisdictions to make sure that projects that were included in the currently
adopted plan can still be built as was previously assumed.
2.2 Public Involvement Program
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2.2.1 Process - The Consultant will conduct the public involvement process for the
LRTP update consistent with each of the MPO's Public Involvement Plans,
Federal and State requirements and following good industry practices. The public
involvement process shall include public participation at all stages of the plan
development and the timely release of draft work products to ensure adequate
public and agency reviews.
2.2.2 Public Meetings - The Consultant shall conduct four (4) public meetings to
review the final proposed plan as well as taking the draft documents through the
Committee's of both MPO's. The Consultant shall maximize the use of maps and
graphics to display the development of the alternatives and the final plan. The
Consultant will be responsible for providing the meeting facilities, advertising the
meeting and providing the staff to conduct the meetings.
2.2.3 Model Coordinating Committee - The Consultant will also coordinate and meet
regularly and work with the Lee and Collier Model Coordinating Committee. The
Model Coordinating Committee will meet at least bi-monthly through the LRTP
update and is responsible for making decisions through a voting process at
decision points.
2.2.4 The Consultant will prepare two (2) newsletters for general distribution in Lee and
Collier Counties.
2.2.5 This Task has been incorporated into Task 3.2.1.
2.2.6 The Consultant will provide information, documents and other pertinent data
throughout the study that will be used to form an ongoing LRTP update website.
This will be loaded on each of the MPO's websites on an as needed to update
basis.
2.2.7 All draft and final reports, newsletters and other presentation media shall be made
available in electronic format to both MPO's so that they can put those items on
their respective websites for review and comment.
2.3 Goals and Objectives
2.3.1 The Consultant will evaluate and confirm the validity of each MPO's Goals and
Objectives. The Consultant will ensure that the goals and objectives are consistent
with SAFETEA-LU requirements.
2.3.2 The Consultant will review new or revised Goals and Objectives and will prepare a
memorandum of the changes to be presented to each MPO's TAC and CAC
committee's as well as each of the MPOs for final approval.
2.4 Land Use Forecast
2.4.1 The Consultant will be responsible for the development of 2007 zonal data and
roadway network in all of Lee County and in areas of Collier County for which
zonal data and roadway network are not being developed for Collier County under
a separate contract, which after approval will be given to FDOT to conduct the
validation under a separate contract. The Consultant will be provided the 2007
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zonal data for Collier County which is being produced under a separate contract
but will be responsible for reviewing and evaluating for reasonableness and shall
make suggested changes to the Collier MPO. The Consultant will also be
responsible for developing the zonal data for the interim and model years (2015,
2020, 2025, 2030 and 2035).
2.4.2 The Consultant will review the 2007 base year model produced by FOOT's
consultant and validation report and will evaluate its reasonableness for suggested
changes to the FOOT's Consultant.
2.5 Congestion Management Strategies
2.5.1 This task includes the review and consideration of the MPO's CMS Plan elements
as necessary for inclusion into the Plan Update to meet the requirements of 23
CFR 450.322. Title 23 requires that the development of the Congestion
Management System be addressed and adopted so that mobility management
strategies are identified in the Updated Plan. These should include traffic
operations features, ridesharing, pedestrian and bicycle facilities and other
alternatives such as flex-time, freight movements, ITS features where appropriate
and public transportation improvements. The Consultant will be required to review
both of the MPO's adopted Congestion Management Plans for consistency with
the LRTP Goals, Objectives and Policies. The Consultant shall determine
appropriate performance measures that are consistent with the CMS Process. The
congestion/mobility management plan will be an integral part of the transportation
plan update process and will provide a systematic approach to current and future
transportation demand. To the maximum extent practical, output from the most
recent CMS Plan assessment shall be considered during the LRTP Update. The
Consultant may be required to format travel demand forecasts to facilitate their
use as a component of the CMS plan particularly as it is related to local
concurrency management systems data needs.
2.6 Multi-Modal Transportation
2.6.1 The Consultant will conduct a Multi-Modal Transportation System Assessment
analysis, which will include, as appropriate, a transit system forecast assessment,
an evaluation of the transit and highway networks serving the airport and rail
facilities, and a review of the non-motorized transportation system for each MPO
area including existing facilities deficiencies and their lack of interconnection to the
other public transportation modes in the area. The Consultant should propose to
the MPO's how the transit alternatives will be conducted to ensure that we can
show what impact transit improvements would have on the transportation system.
All data files related to the transit networks need to be developed for modeling
both the validation and future year alternatives.
2.6.2 The Consultant should develop a methodology for creating long-range forecasts
for each of the modes including the non-motorized system. The Consultant will
identify the data requirements necessary to characterize the existing system for
each of the public transportation modes, including motorized and non-motorized
systems. The Consultant will identify the existing conditions for each of the
different modes of transportation, identifying and quantifying the deficiencies that
presently exist and make the system less than desirable. The Consultant shall
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identify what is needed to make the multi-modal system convenient to choice (not
transit dependent) passengers. Special attention should be given to identifying the
existing deficiencies that impede the development of an integrated and
interconnected multi-model system.
2.6.3 The transit component analysis, in addition to evaluating fixed route corridor
demand, should also include an evaluation of how the transit system presently
serves activity centers and recreational destinations with a comprehensive look at
the generators and attractors. The Consultant, in conjunction with the MPO staff
and transit agency staff, will develop a Transit System Forecast Assessment that
will outline the necessary modifications to the transit system, including but not
limited to, such improvements as new fixed route bus service, express service
routes, reduction of headways, park-and-ride facilities, and TOM initiatives.
Similarly, a non-motorized transportation system component of the report should evaluate the
existing deficiencies, and identify critical link deficiencies that prevent inter-modal connectivity.
2.7 Goods and Freight Movement
2.7.1 The purpose of this task is to identify improvements needed within the study area
that would facilitate the movement of freight in a safe and efficient manner. This
will include identifying improvements on existing or proposed freight movement
corridors that interface with airport, rail facilities and industrial areas. The
Consultant shall coordinate with each of the MPO's on their currently ongoing
Goods and Freight studies to incorporate the results of those studies within the
Long Range Transportation Plan as well as including specific projects that may
have been identified in those studies. During the alternatives testing phase of the
LRTP Update, how future roadway level of service conditions may affect
movement of trucks and freight should be considered. The Consultant should
provide recommendations on corridors for improvements that will both improve
truck traffic and provide for less congestion. Coordination between the freight
movement study and the congestion management report will be critical.
2.8 Future Conditions
2.8.1 The Consultant will be responsible for the development of the zonal data for the
horizon years. The horizon years for this model update will be by five year
increments (2015, 2020, 2025, 2030 and 2035). The Consultant will coordinate the
development of zonal data with the Lee County and Collier County staffs as well
as the local jurisdictions. The 2035 zonal data for Collier County will be provided
by Collier County but will need to be checked for consistency and reasonableness.
2.9 Development of the Needs Plan
2.9.1 Five year increment periods will be used in the development of Needs based
assessments.
2,9.2 The horizon year needs based assessments will be developed in reverse order
beginning with 2035 and working back to the shorter term.
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2.9.3 During the development of each Needs Based assessment, a maximum of four
alternative network scenarios will be developed for each horizon year.
2.9.4 Each of the network scenarios shall:
A. Include design concept and scope descriptions of all proposed transportation
facility improvements in sufficient detail to facilitate the development of cost
estimates.
B. Identify any new/improved major transportation corridors or investments and
stipulate either a set of assumptions (assumed alternatives) or a no-build
condition pending the completion of a corridor or sub-area level of analysis.
C. Identify any new/improved major transportation investments that are consistent
or unique between alternatives.
D. Consider applicable elements of the various jurisdictions Comprehensive Plans
and identify any inconsistencies Uurisdictions with Comprehensive Plans
Include: Lee County, City of Bonita Springs, City of Cape Coral, City of Fort
Myers, Town of Fort Myers Beach, City of Sanibel, Collier County, Everglades
City, City of Marco Island, and City of Naples).
E. Consider the following to the maximum extent applicable:
. Metropolitan development objectives; and
. National, Sate, Regional and local housing goals and strategies; and
. Community development and improvement plans and strategies; and
. Environmental resource plans;
. Goals and objectives linking low income households with
employment opportunities; and
. The area's overall social, economic, environmental and energy
conservation goals and objectives; and
. Climate changes impact on the existing and future infrastructure.
2.9.5 The Consultant will compile the 2035 Needs assessment alternatives and submit
them. The results shall be reviewed and considered in developing the
recommended Needs Plan, The Consultant will provide data as needed to the
ETDM/NERPM database for the project input utility, and the Environmental
Technical Advisory Team (ETAT) Review Tools. It is anticipated that a majority of
the data may be available from existing database sources. However, the
Consultant will be able to provide electronic conversion between differing
database sources and provide primary or secondary source data input as needed.
The accepted formats for uploading data are ESRI Shapefiles, ArcSDE export or
ARC/lNFO coverage export files. The ETDM Project Input Utility may require the
Consultant to input the following project description data: Project Name, Planning
10, Planning Organization, ETDM Stage, Project Type, Road System, Length,
Cost, Pedestrian, Bikeway, Transit, Purpose and Need, Local Government
Comprehensive. Plan, MPO Goals and Objectives, Summary of Public Comments.
The ETDM Project Input Utility may require the following project segment data:
Facility Name, Limits, Jurisdiction, Functional Class, FIHS, Urban Service Area,
Transportation Concurrency Exception Area, Transportation Concurrency
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Management Area AADT, Current Configuration and lanes. The CONSULTANT
shall prepare Purpose and Need statements for each project in the adopted Needs
Plan consistent with FOOT's Project Development and Environment Manual. All
project data shall be either in the NERPM database or in another compatible GIS
database and transmitted to the ETDM web for review by the Environmental
Technical Advisory Team (ETAT). The ETAT comments shall be included in
Technical Report.
2.9.6 The Consultant will prepare a Technical Memorandum that documents the
development of the horizon years needs based assessments.
2.10 Financial Plan Development
2.10.1 The Consultant will develop the costs for the proposed improvements identified in
the 2035 Needs Assessment consistent with the MPOAC's financial guidelines
that are attached to this scope. Though it is not specifically identified in the
MPOAC tables, the Consultant shall identify the Maintenance needs, particularly
as it relates to bridges, so that the MPO can determine if there is enough
maintenance funding being provided to resolve current and future deficiencies.
2.10.2 The Consultant will also develop the local, State and Federal revenue sources
consistent with FOOT accepted methodologies that reflect sources and levels that
can reasonably be expected during the planning periods. The revenues will need
to be broken down consistent with the MPOAC tables attached to this scope. The
revenues will need to be inflated to five year increments to be consistent with the
cost estimates of projects that will also be inflated to the middle year of the five
year increments.
2.10.3 The Consultant will prepare a Technical Memorandum that documents the
preparation of the cost estimates for the proposed improvements and the expected
revenues during the planning period.
2.11 Development of a Cost Feasible Plan
2.11.1 The Consultant will develop and recommend a 2035 Financially Feasible Plan to
include a regional transportation element that demonstrates consistency of the
proposed transportation investments with current and projected revenue sources.
This task will also include an analysis of how the proposed implementation of the
Transit Authority in Lee County and associated funding could change the future
funding scenario.
2.11.2 The alternatives that are developed should consider transit alternatives and other
multi-modal considerations including non-motorized improvements.
2.11.3 Projects that are recommended to be built by Tolling shall be further analyzed to
determine how feasible tolling the facility would be. This may include a planning
level of analysis to determine the number of vehicles that would use the facility
based on several toll options and a rough determination of what that toll would
need to be to build the facility.
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2.11.4 The Consultant will be required to document the process of developing and testing
alternatives and the Plan will be approved by both of the Board's before
proceeding to the five year blocks of cost feasible projects.
2.12 Development of a Year by Year Cost Feasible Projects
2.12.1 The Consultant will develop a year by year list of cost feasible projects grouped by
the five year time frames consistent with the MPOAC direction and as illustrated in
the sheets attached to this scope. The costs of the projects will be based on the
third year of each five year time period (year 2013 for the 2011-2015 time period,
year 2018 for the 2016 to 2020 time frame etc.).
2.13 Final Plan Documentation and Adoption
2.13.1 The Consultant will prepare a Technical Memorandum that
documents the development of the Year of Expenditure Financially Feasible Plans.
The final plan will be reviewed by both MPOs as well as both sets of MPO
committee's to ensure that the Plan has met the adopted Goals and Objectives
and has taken into account comments from the public hearing.
2.13.2 The Consultant will fully document all the Plan activities, which will describe the
Plan development, purpose, content and final recommendations and conclusions
in a final report. The Consultant shall prepare an Executive Summary that details
the specifics of the adopted 2035 Financially Feasible Plan in a manner suitable
for public distribution.
3.0 Studv Documentation and MeetinQs
3.1 Reports
3.1.1 A number of different reports will be required throughout the life of the project.
They include a Project Schedule, task related project reports, the Executive
Summary, the Final Report and Monthly Progress Reports.
. Task specific reports shall be submitted to the MPO and the Department for review
and comment in draft form as outlined in the project schedule. Final versions shall
be provided to the MPO for distribution.
The Consultant will be required to provide all study reports in an electronic format approved by
the County to facilitate the electronic distribution and publication of the study documents.
3.1.2 The Monthly Progress Reports shall be submitted to both MPO's in conjunction
with the monthly invoice for services performed. The Report should document the
work performed during the period, problems encountered and their solutions, and
activities scheduled in future periods. Reconciliation of task progress with the
project schedule shall be performed. The submittal of Monthly Invoices and
Progress Reports shall be based upon a schedule agreed upon at the project kick-
off meeting and as defined by the approved scope of services. The Consultant
shall provide a monthly progress report regardless of the progress or whether or
not a progress payment is requested. Five (5) copies will be provided to MPO staff
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by the tenth day of the each month. The MPO project manager will monitor the
activities of the Consultant and review each task upon completion
3.1.3 At the conclusion of the Study, copies of all study reports, documentation, maps
and computer data files shall be delivered to the MPO and the Department in their
native electronic format. Printed reports, maps, and exhibits shall also be provided
in electronic PDF format.
3.2 Meetings
The MPO's and the Consultant will conduct four types of meetings during the course of this
project.
3.2.1 Briefings
Through the course of the update, it will be necessary for the MPO and the Model
Coordinating Committee to meet with Consultant. The meetings will be held in Lee
or Collier Counties unless otherwise specified. The purpose will be for Consultant
to brief the MPO's and the Model Coordinating Committee on project progress and
any problems encountered. Conference or video conference calls may also be
used to communicate on some issues where "face-to-face" meetings are not
necessary,
3.2.2 Technical Presentations
The Consultant will conduct a maximum of twenty (20) technical presentations or
civic presentations to the transportation planning committee structure (MPO, TAC,
CAC, and PAC/BPCC) during the course of this project. These presentations at a
minimum will be scheduled to occur at the beginning of this effort, and to coincide
with the development of major tasks and/or deliverables during development of the
Long Range Plan Update. These meetings will be scheduled by the MPO in such
a way as to permit presentations to more than one committee during the source of
a single trip in the area.
3.2.3 Public Meetings
The Consultant will make two (2) presentations to each MPO as public workshops
as specified in the Public Involvement Plan throughout the development of the
Long Range Transportation Plan.
3.2.4 Public Hearing
Prior to adoption of the 2035 Cost Feasible Plan, the MPO shall hold and advertise
a public hearing at each of the MPO Board meetings. A court reporter will be
necessary to record the public hearing and shall be provided by the MPO for which
the public hearing is being held.
4.0 Responsibilities of the MPO
The MPO will have the following responsibilities:
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a) Provide all coordination and communication with other agencies. This shall
include postage for the mailing of the documents and receipt of comments on
these documents;
b) Provide the Consultant with available documentation (data base, maps, plans,
etc.) in the area;
c) Assist the Department in model validation;
d) Be responsible for conducting the public meetings, including the public hearing;
e) Provide timely reviews of material and documents as submitted by the Consultant
as specified herein. Review times should be identified and accounted for on the
project schedule;
f) Develop the Goals and Objectives, and Policies;
g) Assist in the development of alternatives;
h) Assist with ETDM data input;
i) Assist in the development of recommended plan;
j) Appoint a project manager for each MPO for one point contact for the Consultant
to coordinate with; and
k) Identify and coordinate contacts with primary stakeholders or other interested
parties.
5.0 Responsibilities of the Consultant
a) Refining the Scope of Services during negotiations;
b) Coordinate the scheduling of advertising, identifying meeting locations, copying
handouts and the various technical meetings and the citizen's involvement
process meetings and public hearings including transcripts of those meetings and
hearing;
c) Evaluate existing roadways in the area and recommend improvements (based on
review by the all the committee structures within the MPO;
d) Collect the necessary financial data from the MPO member governments and
produce the financial resources report, along with local estimates of right-of-way
costs;
e) Draft and develop graphics, write and edit the required technical memoranda and
reports concurrent with the project progress;
f) Develop, evaluate, and recommend preliminary and final needs and cost feasible
plans to the MPO Advisory Subcommittees and to the MPO Board;
g) Document the procedures and techniques used by all involved participants in the
study;
h) Evaluate compatibility with existing plans, such as the Local Government
Comprehensive Plans, various School Board Plans, the Regional Policy Plan,
State Transportation Plan, the Transit Development Plans, Transportation
Disadvantaged Service Plans and Human Services Plans.
i) Make presentations with applicable graphics to local communities and the public
for input in plan evaluation and for plan selection and adoption;
j) Provide the MPO model input data on CD throughout the model validation and
Plan;
k) Provide the MPO with all model output on CD throughout the Plan update process;
I) Provide the MPO technical memoranda and reports and all final products on CD in
word processing software currently in use for the MPO staff,
m) Appoint a project manager for all MPO contact,
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n) Prepare the mail-outs for the public information meetings. This includes the
photocopying, folding, and stuffing of the documents necessary for public review,
and
0) Develop and implement the Efficient Transportation Decision-Making process for
an analysis of Needs Plan projects;
p) Provide all geographic information systems (GIS) data created or refined during
this project. The format for all data shall be Arc View shape file or Arc/lnfo
coverage's. All associated data should be in a format compatible with that format
and with Microsoft Office. A data dictionary for any GIS data created by the
Consultant should be included.
MODEL FORMATS FOR IMPLEMENTING FINANCIAL GUIDELINES FOR MPO
Capacity Needs
Description: This table summarizes the identified costs of transportation needs in the MPO area
through the LRTP horizon year of 2034/35. Needed improvements should be assigned to only
one category to avoid double-counting. Costs should include all phases through construction.
In instances where a facility serves more than one category, a percentage of the cost should be
allocated to each category served. For example, a roadway expansion project including
variable message signs may be allocated 90% for roadway and 10% for ITS. Costs should be
expressed in base year FY 2006/2007 dollars. MPOs should report N/A for modes that do not
currently exist and are not planned for their metropolitan area. This table should be supported
by a bullet list or table of individual projects and their cost in base year dollars.
S stem/Mode
SIS/FIHS Roads
Other Arterial Roads
Local Expressway/Bridge Authority
Roads
Local Roads
Total Roads
Fixed-Route Bus Transit
Fixed-Guidewa Transit
Demand-Res onse Transit
Total Transit
Bic c1e/Pedestrian
ITS
Intermodal Terminal
Aviation
Sea ort/Maritime
Frei ht Rail
Total Other
1!'I!~lifi. I~I<
Total Cost for All Pro'ects
Capacity Revenues
Description: This table summarizes expected revenues by funding category. Revenue
information is broken into 5-year blocks and expressed in year of expenditure dollars.
Revenues for operations and maintenance purposes are accounted for at the state level, and
this fact should be described in MPO LRTPs, but need not be included in this table. Local
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revenue sources dedicated to O+M should not be included on this table. If a local revenue
source is entirely devoted to O+M, that part of the field should contain a zero. Local revenues
for O+M costs should be documented separately.
Source 2007 - 2011- 2016- 2021-2025 2026- 2031-2035
2010 2015 2020 2030
SIS/FIHS Roads
Other Arterial
Roads 1
Federal Urban
Allocation (XU)2
Federal Surface
Enhancement
ProQram (SE)2
Local
Expressway/Bridge
Authority Roads
Local Roads
Transit
New Starts"
TRIP'
Aviation
Seaports/Maritime
Total Federal/State
Funds
9'" Cent Fuel Tax
LOGT #1 (6 cents)
LOGT #2 (5 cents)
Infrastructure Surtax
Transportation
Impact Fees
Proportionate Share
Sales Taxes
Ad Valorem Taxes
Bond Proceeds
Other Local Taxes
and Fees
Private Dedication
Notes for Capacitv Revenues Table
1 The "Other Arterials Roads" category does not include facilities operated by local expressway
or bridge authorities, including those that are a part of the Florida State Highway System.
2 XU and SE Funds are provided by FOOT as components of the funding category "Other
Arterial Roads."
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3 MPOs should explain their reasoning for including New Starts funding. These programs are
distributed on a project basis by the Federal Transit Administration and/or FOOT. If the MPO
expects a New Starts project will be approved, it should be included in the LRTP.
4The TRIP program is distributed to FOOT Districts for prioritization. The MPO should explain
the level of TRIP funding it expects to receive from the District.
Cost Feasible Projects
Description: This table is an example of how an MPO might display cost feasible project
information. The table should include all phases and projects, regardless of mode. Cost
information is broken into 5-year time periods and expressed in year of expenditure dollars for
each 5-year time period. Separate phases of the same project may be included in separate
time periods.
The terms used in each column can vary from MPO to MPO. However, care must be taken to
use terms consistently. Suggested terms for use in this table are:
Project Type- Roadway (SIS/FIHS, Other Arterial Roads, Local Expressway/Bridge Authority,
Local), Transit (Fixed-Route Bus, Fixed-Guideway, Demand-Response), Bike/Ped, ITS,
Intermodal Terminal, Aviation, Seaport/Maritime, Freight Rail
Funding Category- Federal/State, Local, Private
Phase- Preliminary Engineering, Right of Way, Construction. Preliminary Engineering includes
PD&E and Design. One line per system/mode should be devoted to O+M. Different phases of
a project can appear in different time periods.
Total Cost- Cost should be expressed in year of expenditure dollars.
[Table on Next Page]
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Cost Feasible Projects
Time Project Projec
Period Number t T e
2007-
2010
Description I Phase
Total Cost This
Time Period
Total 2007-2010
2011-
2015
Total 2011-2015
2016-
2020
Total 2016-2020
2021-
2025
Total 2021-2025
2026-
2030
2031-
2035
Total 2026-2030
Total 2031-2035
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SCHEDULE B
BASIS OF COMPENSATION
DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B 1.1.1 All monthly status reports and invoices shall be mailed to the attention of Phil
Tindall, MPO Director, 2885 South Horseshoe Drive, Naples, Florida 341 04~
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
ITEM PHASE NOT TO EXCEED
AMOUNT:
2.1 Project Initiation, Quality Assurance $48,122.00
and Proiect Manaqement
2.2 Public Involvement Proaram $115,010.00
2.3 Confirm Validity of MPO & G&O's and $8,656.00
consistency with SAFETT-LU
2.4 Establish 2007 Zonal Structure and $34,280.00
Validate 2007 ZDATA
2.5 Review MPO's Current CMS Plan $17,236.00
2.6 Conduct a Multi-Modal Transportation $39,610.00
Svstem Assessment Analvsis
2.7 Determine Suitability of Final Goods $14,261.00
and Freight Movement Report with
Year 2035 LRTP Scope of Services
2.8 Future Conditions $4,825.00
2.9 Development of Needs Plan $41,585.00
2.10 Financial Plan Develooment $10,504.00
2.11 Develooment of a Cost Feasible Plan $37,231.00
2.12 Development of a Year by Year Cost $4,040.00
Feasible Proiects
2.13 Final Plan Documentation and $25,968.00
Adoption
3.0 Studv Documentation and Meetings
3.1 Reports $2,880.00
3.2. Meetinos $85,076.00
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3.3 Reimbursables - Not to exceed $15,875.00
TOTAL FEE (Total Items 2.1-3.3) $505,159.00
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B,3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
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B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as setforth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
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SCHEDULE B
BASIS OF COMPENSATION
PERSONNEL CATEGORY
HOURLY RATE
Principal
Project Manager
Senior Engineer
Engineer
Planner/Modeler
Technician
Graphics Designer
Public Involvement GIS Specialist
Administrative Assistant
$180.00
$160.00
$140.00
$120.00
$ 90.00
$ 85.00
$ 90.00
$ 80.00
$ 47.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional,
support and other services shall be mutually negotiated by the County and firm on a project by
project basis as needed
END OF SCHEDULE B
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
-
2.1 Project Initiation, Quality 43 Calendar Days
Assurance and Project from Notice to
ManaQement Proceed
2.2 Public Involvement Program 132 Calendar Days
2.3 Confirm Validity of MPO & 11 Calendar Days
G&O's and consistency with
SAFETT-LU
2.4 Establish 2007 Zonal Structure 37 Calendar Days
and Validate 2007 ZDATA
2.5 Review MPO's Current CMS 19 Calendar Days
Plan
2.6 Conduct a Multi-Modal 46 Calendar Days
Transportation System
Assessment Analysis
2.7 Determine Suitability of Final 15 Calendar Days
Goods and Freight Movement
Report with Year 2035 LRTP
Scope of Services
2.8 Future Conditions 7 Calendar Davs
2.9 Development of Needs Plan 55 Calendar Davs
2.10 Financial Plan Development 13 Calendar Davs
2.11 Development of a Cost 41 Calendar Days
Feasible Plan
2.12 ! Development of a Year by 4 Calendar Days
! Year Cost Feasible Projects
2.13 I Final Plan Documentation and 29 Calendar Days
I
I Adoption
3.0 Study Documentation and
Meetings
3.1 Reports 3 Calendar Days
3.2. Meetings 70 Calendar Davs
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
[,SA
48
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultanl's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
I'SA
49
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY /
Required by this Agreement? ~ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_ Applicable
X Not Applicable
PSA
50
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable
X Not Applicable
COMMERCIAL GENERAL LIABILITY /'
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
X General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
t>SA
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$2,000,000 /
$2,000,000
$2,000,000
$2,000,000
$ 50,000
51
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
~) The OWNER shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable
X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
_ Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
PSA
52
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
_ $ 500,000 each claim and in the aggregate
_ $1,000,000 each claim and in the aggregate
~ $2,000,000 each claim and in the aggregate
PSA
53
_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
I'SA 54
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professionalliabiljty insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
PSA
55
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Dyer, Riddle, Mills and Precourt, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the services of the CONSULTANT to be
provided under the Professional Services Agreement, concerning RFP 08-5107 Consulting
Services for the Metropolitan Planning Organization Long Range Transportation Plan
(LRTP) 2035 Update are accurate, complete and current as of the time of contracting.
Dyer, Riddle, Mills and Precourt, Inc.
BY:
TITLE: r
DATE: /2.. - 2.3-08'
"SA 56
. __......___u__ ___.
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
DRMP
Robert Rutledoe - 40%
Richard Ranck - 40%
Proiect Manaoer
Asst. Proiect ManaQer. and Quality Control Manaoer
Modeler
Chervl McDonald - 35%
Jennifer Hills - 35%
Technician
Vasu Persaud - 20%
Planner
GreQ Moore - 20%
Georoe McLatchev - 20%
DOUQ Skurski - 20%
James Toombs - 20%
Senior Enoineer
GIS Specialist
GIS Specialist
Senior EnQineer
Deborah Hubbard - 20%
Graphic Desioner
David Harris - 20%
Enoineer
Alberto Elefano - 20%
Planner
Caroline Ramrakhyani - 20%
Administrative Assistant
SUBCONSULTANTS
URS
Richard Clarendon - 35%
Robert Balmes - 25%
Robert Cursey - 10%
Robert Johnson - 20%
Robert O-Donnell - 20%
Barrv Plath - 20%
Venkat Vattikuti - 40%
Ravi Devaouptapu - 20%
Wallace Hall - 20%
PSA
57
PFA:
Louise Fraoala - 30%
Auqie Fraoala - 40%
Pam Nielsen - 30%
Bradv Woods - 20%
Jason Rav - 20%
Simon Resources:
Karen Simon - 35%
Tami Reina - 50%
Lisa Griffith - 15%
PMG Associates
Phillip Gonot - 15%
Kathv Gonot - 30%
Steven Gonot - 25%
R2Traffic
Rick Peck - 30%
Diaerik Peck - 30%
PSA
58
ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY)
12/23/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622-2668
813 289-5200 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Phoenix Insurance Company 25623
Dyer, Riddle, Mills & Precourt, Inc. INSURER B Travelers Indemnity Company 25658
941 Lake Baldwin Lane INSURER C XL Specialty Insurance Company 37885
Orlando, FL 32814 INSURER 0 Travelers Indemnity Company of CT 25682
INSURER E
Clienl#' 5854
DYERRID3
COVERAGES
THE POLiCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
lTR NSR TYPE OF INSURANCE POLICY NUMBER P~l-i~\~r.f!~~,E ~~lfll~X~~~~N LIMITS
A ~NERAL LIABILITY 6806707L480 12/12/08 12/12/09 EACH OCCURRENCE $1 000 000 ,
.1L 5MERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 000 000
- CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $5000
PERSONAL & ADV INJURY .1 000 000
GENERAL AGGREGATE .2 000 000 ---
~'~ AGGREAE LIMIT AP~{PER PRODUCTS - COMP/OP AGG .2 000 000
POLICY m?i LOC
0 ~TOMOBILE LIABILITY BA6916L697 12/12/08 12/12/09 COMBINED SINGLE LIMIT /
.1L ANY AUTO (Eaaccident) '1,000,000
- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (Per person}
-
.!. HIRED AUTOS BODILY INJURY
.
.!. NON-OVVNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Peracddent)
~RAGE UAB'lITY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC $
AUTO ONLY AGG ,
B @ESS/UMBRELLA LIABILITY CUP7957Y581 12/12108 12/12/09 EACH OCCURRENCE '5 000 000 ,/
X OCCUR D CLAIMS MADE AGGREGATE .5 000 000
.
f;:i DEDUCTIBLE .
X RETENTION .10000 .
A WORKERS COMPENSATION AND UB5186Y725 01/01/09 01/01/10 X I Tm;~s; ~~~, I 1O.r~
EMPLOYERS' LIABILITY ,500,000 ./
ANY PROPRIETOR/PARTNER/EXECUTIVE E L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE ,500,000
~~~tl~tS~~~~s~o~s below E l. DISEASE - POLICY LIMIT $500,000
C OTHER Professional DPR9613312 06/20/08 06/20/09 $3,000,000 per claim'
,
Liability $3,000,000 annl aggr. v
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Professional Liability is written on a claims made and reported basis.
Re: Contract 08-5107 "Consultant Services for the Metropolitan Planning
Organization (MPO) Long Range Transportation Plan (LRTP) 2035 Update".
Collier County Government is named as additional insured with respect to ./
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF, THE ISSUING INSURER WILL KOCDemrJt.X. MAIL ----3D....- DAYS WRITTEN
Purchasing Building NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,nJtJtt(~k
3301 E. Tamiami Trail WJO:II:.JtX!JInn.I(."XUKJIXXII)QIXXRXft)(xxa"lOe8C:l(](n~xx
Naples, FL 34112 JlJl8fSDnl'KDXX
~EDREPR~TlVE
."" ~ ,0. -
ACORD 25 (2001108) 1 of 3
#S177829/M177299
BJM
@ ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
the Genreal Liability, Auto Liability, and Excess Liability policies. The
Umbrella is excess General Liability, Auto Liability and Workers
Compensation. ,,/
AMS 25.3 (2001108)
3 of3
#S177829/M177299
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08)
2 of3
#S177829/Ml77299