#09-5184 (Pizzuti Solutions)
Contract 09-5184
Master Developer for a Mixed Use Development on CRA Owned Land
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~day of ,Ju ne...
2009, by and between the Collier CRA Community Redevelopment Agency, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "CRA" or "OWNER") and
Pizzuti Solutions LLC, authorized to do business in the State of Florida, whose business
address is 300 S. Orange Avenue, Suite 1500, Orlando, Florida 32801 (hereinafter referred to
as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Master Developer
Consulting services of the CONSULTANT concerning Mixed Use Development on CRA
Owned Land (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.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Master Developer Consultant
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 CRA,
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 Thomas A Harmer, ICMA-CM, a qualified licensed
professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf
of the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
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
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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
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 CRA 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
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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 CRA
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 CRA 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 CRA 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
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.
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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:
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.
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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.
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).
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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 CRA 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;
(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;
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(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
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.
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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 deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay
or any other damages hereunder.
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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.
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
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CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as
may be required by law. OWNER, or any duly authorized agents or representatives of
OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and
during the five (5) year period noted above, or such later date as may be required by law;
provided, however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights
or remedies which otherwise may be available to an indemnified party or person described in
this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
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,
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provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County CRA, 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
CONSUL TANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County Government and Collier
County CRA.
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.
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
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and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule E is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule E. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule E. All personnel, subconsultants and subcontractors identified in Schedule E shall
not be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
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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
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
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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, upon payment in full of all amounts owed to
CONSU L T ANT.
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.
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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.
ARTICLE THIRTEEN
CONFLICT OF INTEREST
13.1. OWNER acknowledges that Consultant is currently in discussions with the owners of the
project known as Arboretum Village on Bay Shore Drive just north of the Botanical Gardens and
agrees that any development on such property by CONSULTANT or an affiliate of
CONSULTANT would not conflict with the performance of services by CONSULTANT
hereunder.
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ARTICLE FOURTEEN
MODIFICATION
14.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE FIFTEEN
NOTICES AND ADDRESS OF RECORD
15.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, fax, overnight
delivery, or by United States Postal Service Department, first class mail service, postage
prepaid, addressed to the following OWNER'S address of record:
Collier County Community Redevelopment Agency
Purchasing Department
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-252-6584
15.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, fax, overnight delivery
or by the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following CONSULTANT'S address of record:
Pizzuti Solutions LLC
300 South Orange Avenue, Suite 300
Orlando, Florida 32801
Attention: Joel S. Pizzuti, President and COO
Telephone: 407-841-0000
Fax: 407-833-4670
with a copy to:
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Scott B. West
Senior Vice President and General Counsel
The Pizzuti Companies
Two Mianova Place, Suite 800
Columbus, Ohio 43215
Telephone: 614-280-4141
Fax: 614-280-5141
15.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SIXTEEN
MISCELLANEOUS
16.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
16.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
16.3. This Agreement is not assignable, or otherwise transferable In whole or In part, by
CONSULTANT without the prior written consent of OWNER.
16.4. Waivers by either party of a breach of any provIsion of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
16.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
16.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
rSA 0-18
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
16.7 Unless otherwise expressly noted herein, all representations and covenants of the
parties shall survive the expiration or termination of this Agreement.
16.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
16.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE SEVENTEEN
APPLICABLE LAW
17.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE EIGHTEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
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18.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
18.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on
the convicted vendor list."
ARTICLE NINETEEN
DISPUTE RESOLUTION
19.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would
make the presentation of any settlement reached during negotiations to OWNER for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the
parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The
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mediation shall be attended by representatives of CONSULTANT with full decision-making
authority and by OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
19.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier CRA, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE TWENTY
IMMIGRATION LAW COMPLIANCE
20.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. 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
CRA 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 Master Developer for a Mixed Use Development on CRA Owned Land the
day and year first written above.
ATTEST:
Dwigh E. Brock, Clerk ('_
By: _,;, " 4~
Date 5~H~~k\, 9;c,-...... .
~:t.e~(v" ~ ,,~~I\~ p -
. 't:\.....,i~l.,.
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
/1 /.~
€If. · '~~-'
I ' ,.' ") :
By: ''--'' ~
Jim C etta, Chairman
Approved as to. fO'rm and
=u;;enp j~
~~~~ €ounty Attorney
5~1tR7eALL
.
Print Name
~~~
~ness SP/O/7//A. L. frloor~
PIZZUTI SOLUTIONS LLC
qdf' ~
By: , ", ~j';;j)
'- , cf.y
:Joel <;. p.,7.,~-{..' I P,~~I~+.hd COO
Typed Name and Title
~fJhv
Witness 'Jellnj V/t I rXre1)
PSA
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SCHEDULE A
Scope of Services
Phase 1- Planning/Professional Services
Through a public solicitation process, the CRA sought a master developer to partner with to plan
for and develop property acquired by the CRA for a cultural arts mixed use project. It is the
intent of the CRA to prepare the property for development consistent with the goals of the CRA
and the Cultural Arts District through a Phase 1 planning effort and to ultimately sell the
property fee simple to a Master Developer (Phase 2 of the project).
During Phase 1, Pizzuti will lead the development team through a planning and entitlement
process on the CRA's property. During this phase of the project Pizzuti will serve as the CRA's
prime consultant managing the development team through the necessary planning to create a
market supportable development plan and the necessary entitlements to support the Plan.
These services will include performing the necessary site due diligence and initial civil and
engineering work to prepare the site for development. An updated mixed use market study will
be performed and stakeholder input will be solicited and considered in the development of a
conceptual master plan and financial feasibility model that will become the basis of the
implementation plan and proceeding to Phase 2.
The Development Team includes the following members along with their primary role on the
Team:
Pizzuti Solutions, LLC. Pizzuti will manage the entire Phase 1 process and serve as the point of
contact for the CRA. Pizzuti will also provide pricing estimates and develop the financial model
and project proforma and in partnership with the CRA prepare the implementation plan
necessary to proceed to Phase 2. Pizzuti will also lead a mixed use market study for the overall
Bayshore Gateway Triangle Community Redevelopment Agency Cultural Arts property.
Bellomo-Herbert. Bellomo Herbert will lead the planning efforts and the development of the
Concept Master Plan. Bellomo Herbert will also assist in developing the architectural guidelines
for the project.
Project for Public Spaces(PPS). PPS will facilitate the initial stakeholder meetings and provide
project goals for the development of the Concept Master Plan. PPS will consult on the Plan from
the stakeholder meetings through completion ofthe design.
Banks Engineering. Banks will perform the necessary site due diligence and perform the
necessary civil services to prepare the site plan for the project. Banks will also manage the
environmental consultant.
Dexter Bender. Dexter Bender will serve as the environmental consultant and assist with site
evaluations and the related entitlement process to insure the project is permitable.
TG2. TG2 will be the lead cultural arts consultant and in collaboration with AMS will conduct a
cultural and performing arts programming study including an estimated operating cost and
suggested governing process.
Phase 1 Scope of Work:
Pizzuti shall provide and manage the following professional services which shall constitute the
general scope of the Services under the terms and provisions ofthe Professional Services
Agreement.
In Phase 1 the scope of work is divided into three broad tasks.
Task 1. Existing Conditions Analysis.
Task 2. Conceptual Master Plan and Initial Entitlements.
Task 3. Draft Development Agreement and Financial Model
Each of the steps are described below.
Task 1. Existing Conditions Analysis.
Tasks include:
1. Kickoff meeting with the CRA to confirm project goals, key benchmarks, and Phase
1 schedule
2. Review of existing site documentation
3. Review current land development codes and confirm public approval process
4. Review permitting requirements (local and State)
5. Initial interviews & meetings with other identified stakeholders
6. Initiate required site civil work including as appropriate including surveys, topo,
initial geotechnical evaluations, wetland determinations, and bathymetric including
follow up meetings with the appropriate permitting agencies.
7. Evaluate other parcels adjacent to the site for future acquisition
8. Public workshop to identify important goals and objectives of local residents &
businesses, review site analysis, discuss potential plan elements and alternatives
9. TG2 and AMS to meet with local community arts leaders to collect information for
the cultural and performing arts programming study.
10. Information gathering to begin preliminary market report.
Oeliverables:
1. Initial Schedule of Key Benchmarks, Responsibilities, and Project Status Report
- 2 -
2. Completion of the Initial Due Diligence Report (format included as an addendum to
Schedule A)
3. Report on results of first public workshop
4. Preliminary Market Report presented to CRA for discussion
5. Report on initial findings of discussions with local arts leaders
Task 2. Conceptual Master Plan and Initial Entitlements.
Tasks include:
1. Finalize Market Study for mixed use cultural arts development
2. Develop public space concept following first public workshop
3. Engineering preparation of master concept plan for rezoning. Additional engineering
work in this phase includes traffic impact statement, protected species survey and any
additional geotechnical and environmental assessments that may be required as a
result of Phase 1.
4. Team members will present these preliminary concepts and drawings to Collier
County for evaluation and alternatives discussion.
5. Schedule and conduct second public workshop presenting draft concept plan and
design considerations
6. Development of preliminary master plan & preliminary design criteria package
following input from CRA, first public workshop, and initial findings in Task 1.
7. Preliminary infrastructure design.
8. Update on cultural and performing arts study including programming, estimate of
operating costs and recommended governance process.
Deliverables:
1. Completion of the Market Analysis Section of Due Diligence Report (format included
as an addendum to Exhibit A (Final Market Report) - final presentation to CRA
2. Completion of second public workshop and report of findings
3. Development of Concept Master Plan
4. Rezoning application processed for Property to accommodate mixed use project
5. Completion of Initial Site and Infrastructure Plan
6. Completion of cultural and performing arts financial operating pro-forma and
recommendations regarding governance and management structures
Task 3. Implementation Plan and Financial Model
Tasks include:
1. Completion of proj ect pricing and preliminary engineering cost estimates
2. Development of Financial Plan and proposed schedule of improvements
3. Review recommendations on cultural arts study
4. Completion of architectural concept renderings & preliminary design guidelines
5. Modification, refinement & evaluation of final concept plan
- 3 -
6. Presentation affinal concept plan to CRA/Collier County
7. Develop Implementation Plan
Deliverables:
1. Completion of final Due Diligence Report
2. Completion of Project Pricing
3. Final report on Cultural Arts Programming Study
4. Completion of Financial Plan, Proforma, and Project Schedule
5. Presentation afFinal Master Plan to CRA/Collier County
6. Completion of Implementation Plan
Phase 2- Development (permitting, leasing, financing, construction, and property
management)
At the conclusion of the first phase the Conceptual Master Plan will have been approved and
financial model will have finalized providing for the opportunity for the development to proceed
to Phase 2. Phase 2 is the final design, permitting, construction, leasing, and management of the
site and will be initiated upon the execution of the development agreement by both parties.
- 4 -
Initial Due Diligence Checklist
Task 1. Existing Conditions Analvsis
Property Ownership Information
Title
Public Easements/Rights of Way
Private Easements
Adjacent Parcels
Site Civil Evaluation
Topography
Trees
Wetlands
Environmentall y sensi ti ve
Protected species
Environmental Assessments
Preliminary Geotechnical Report
Infrastructure (Providers, Capacities, and Costs)
Water
Wastewater
Stormwater (including regional/mitigation plan)
Soil/subsurface
Roads (transportation and traffic control)
Electrical
Other Utilities (Natural Gas/Cable TV/Telephone/Etc.)
Government Process
Zoning and Land Use- Existing and Proposed
Development Approval Process
Public Hearing Process
Public Improvements and Infrastructure
Impact Fees and Permit Costs (Local/State)
Sign Permit requirements
Mixed Use Market Study
Information gathering
Review existing data
Collection of new data
Report on initial findings
- 5 -
Additional Due Diligence
Task 2. Concept Master Plan
Market Analysis - Final Report to CRA
Demographics (existing)
Market Study
Total demand and supply
Absorption
Price point and pricing analysis
Arts Study
Cultural and performing arts study including report on current arts stakeholder
interviews, current needs and possible partnerships and programming as well as
estimated operating costs and suggested governance processes moving forward.
Task 3. Draft Development Ae:reement
Private and Public Capital
Existing TIF funding structure
Other public sources
Potential Cultural Partner Funding
Private Sources
Project Financing Plan
- 6 -
SCHEDULE A-I
Tasks I and 2- Supplemental Scope of Services
I
.
"11 SOL UTI 0 N S.
Pizzuti/Bayshore Gateway Triangle Community Redevelopment Agency
Bayshore Gateway Triangle Mixed Use Project
May 13, 2009
Scope of Services for a Mixed Use Market Study for the overall Bayshore Gateway Triamde
Community Redevelooment Agency Cultural Arts property.
Purpose
The purpose ofthis scope of services is to detail the tasks and deliverables specific to the
market report for the Collier County CRA/Bayshore Gateway Triangle development on the 17+
acres owned by the CRA and how it will be incorporated and used in the final scope of work for
the overall project:, Phase 1. This is to be completed in conjunction with Pizzuti's overall
program management ofthe entire project.
Scope of Services
1. Information gathering
Pizzuti and our authorized representatives will meet with CRA officials, business leaders and
community stakeholders to understand and gain insight into current market conditions within
the community, the business climate, current or future plans that relate to the office and
housing market, efforts of the community to attract and/or retain businesses and residents and
obtain demographic information that speaks to the general make-up of the community. We
will meet with leasing agents and real estate professionals to discuss the same and get an
additional perspective. During these meetings we will collect pertinent information (reports,
previous studies, etc.) to review.
2. Review existing data
Pizzuti will review collected data to gain an understanding of the historical office, commercial
and residential market of Collier County to gain preliminary information about the overall
market and demographics of the area. This information will be used to compare to new
information gathered and discussed during interviews/meetings for a comprehensive
understanding of the area surrounding the site.
3. Collection of new data
Pizzuti will use a third party data source to obtain more information about the site and the
surrounding Collier County region and its office, commercial and residential market as well as
current and future demographic information about the residents. This information will be site
specific and done by a professional market analysis firm focusing on the opportunities to
support mixed use development within the target area ofthe project site. The firm has
performed similar studies both within Florida and across the country. This information will
identify the residential and commercial market potential within Collier County by looking at
existing and planned development, interviews with stakeholders, conducting a demographic
and economic analysis and comparing with other similar communities across the country. The
data will be collected through a detailed field survey of retail and residential developments and
an effective market area will be determined which will show where the major support of this
project will come from. The area analysis will consider additional proposed or planned
development and an analysis of its competitive impact on the area, and other collateral
development including roads, shopping centers, buildings or other economic development tools
that could impact the site area.
The retail component will address recommendations for total supportable square feet of retail
space by lease rates, distribution of store sizes and retailer types. The report will include
identification of retail development possibilities by retail sector based on a retail
sales/expenditure analysis; identification of support components for retail development;
marketing strategies to enhance retail development potential at the site, if necessary;
recommendations for rate structure; and anticipated absorption schedule.
The office market component will address recommendations for office lease/sales rates, annual
supportable square feet of retail and office space as rental and condominium, projected
absorption and suite sizes. The report will include the amount of supportable space at the site;
projected absorption by support component; tenant mix; projected rents; and
recommendations for suite sizes and configurations.
The multifamily residential market study will consider market potential for both rental and for-
sale products. The rental component will address recommendations for unit mix; number and
size; competitive unit and project amenities; projected absorption and support levels. The
condominium component will address recommendations for condominium pricing structure;
unit amenities; project amenities; and absorption rates and support levels.
Social, demographic and economic characteristics, including population trends and projections;
household trends and projections; distribution of households by age and income; household
wealth; employment and unemployment trends; general information including schools, major
employers and media and existing housing characteristics will also be addressed.
4. Report of initial findings
Preliminary findings will be organized and discussed with eRA officials for feedback. Additional
information that may have an impact on the community and the site specifically will be
considered in order to have a complete picture of the community and surrounding region and
so that our recommendations from the data are most accurate.
5. Findings & Implications
Pizzuti will take the information received from the first three steps of the study and develop a
proposed mix of uses to be incorporated in the proposed development plan for the site. After
reviewing the preliminary report with the CRA a final report will developed and provided to the
CRA.
Fee & Timeline
Preliminary information will be gathered for the market report in Task 1 with a preliminary
report presented to the CRA at the conclusion of this first task. Information will be further
refined and a final report of the market study will be presented to the CRA at the end of Task 2.
Oeliverables:
1. Preliminary Report/Market Study (Task 1)
2. Final Report/Market Study (Task 2)
Schedule A-2
Task 3 - Supplemental Scope of Services
.
I
lTTI
SOL UTI 0 N S~
Pizzuti/Bayshore Gateway Triangle Community Redevelopment Agency
Bayshore Gateway Triangle Mixed Use Project
May 13, 2009
StODe of Work for Financial Model and ImDlementation Plan
A financial model and implementation plan will be developed and presented to the
Bayshore Gateway Triangle eRA during Task 3 of Phase 1 of the professional services
agreement between Pizzuti and the CRA. The Financial Model and Implementation Plan
will be developed after the concept plan has been agreed to by the eRA and Collier County.
Inputs that will be required and considered in developing the financial model include:
· CRA Supported Concept Plan (uses will be market based and developed in
conjunction with the TG2 cultural arts programming study and the mixed use
marketing study)
· Projected Uses (sizes and types and mix generated based on market study findings
and specific end user interest)
· Projected construction costs (provided with input from sub-consultant team and
finalized by Pizzuti)
o Site Development
o Vertical construction
· Potential Public Sources/Incentives
o Overall Project
o Project Specific Elements
· Private Sources of Funds
o Equity
o Acceptable Returns
o leasing thresholds
· Projected Revenues
o Land (land acquisition/property take down schedule)
o Improvements (market and project supported lease rates)
o Tax Increment Financing ITIF) Revenue
o Other
. Estimated Operating Costs
At least 3 different Banks and/or other appropriate financial partners will be briefed on the
project and provided a copy of the proposed financial plan to determine interest in the
project, verify any specific credit market requirements, and to explore specific financing
sources that may be available. Their feedback and requirements will be considered in
developing the final proforma and implementation plan.
Based on the project inputs and forecasting from the model an overall implementation
plan will be presented that is supported by the financial model that will provide for
guidance on phasing of the development.
Schedule A-3
Tasks 1, 2 and 3 - Supplemental Scope of Services
t g lornlinSOn-grah.1rn !lfOllp
May 8, 2009
Mr. Thomas A. Harmer
Senior Director of Public Private Projects
The Pizzuti Companies
300 S. Orange Avenue, Suite 1500
Orlando, Florida 32801-3376
Dear Tom:
It is with pleasure that we propose the services of Tomlinson-Graham Group, Ine., in
association with AMS Planning & Research Corp., to assist The Pizzuti Companies in identifying
opportunities to include local nonprofit arts and cultural organizations and activities in the
master plan being developed for the Bayshore Cultural District in Naples, FL. TG2 and AMS will
research the needs of the members of the local art and cultural community, as identified by the
CRA for the purpose of master planning the 17+ acre development, and, from that research,
develop a plan for arts/cultural facilities as part of your development study for the district.
To that end, our specific scope of work will include:
. VISION SESSION
o With the arts/cultural organizations (identified by the CRA as arts organization
representative for the purpose of master planning the 17+ acre development)
identify and agree upon a commonly held vision and mission for their combined
activities with regard to facilities.
. INDIVIDUAL ORGANIZATIONAL INTERVIEWS
o Identify and clarify the facility needs of each of the organizations
o Identify and interview other individuals in the community (commercial entities,
institutions of higher education, service clubs, and other potential stakeholders as
identified by the CRA) about their potential use of a facility.
o Identify and clarify information from each of the organizations that is essential for
the creation of a facility financial operating proforma, such as numbers of
performances, expected attendance, ete.
community + culture
445 Selborne Way, Serenbe
Cbattahoochee Hills, GA 30268
770-463-4870 I 404.733.51951 fax 404.759.2522 1 www.tomIinson-graham.com
Page 1 of 3
o Collect anecdotal information potentially useful in future fund raising feasibility
studies (community leadership potential, large gift potentials, barriers to success,
etc.)
. FACILITY PLANNING and PROGRAMMING CHARRETTE
o With eRA identified art/cultural organizations, programmatically identify the facility
or facilities that meet the organizational needs and fits the likely requirements of the
developer, and develop a pro forma building program for same. (There may be more
than one facility, they may be phased, and depending on other development
opportunities within the overall cultural district, they may not all be in the 17+ acres
currently in the master planning scope.)
. FACILITY OPERATING FINANCIAL PROFORMA
o Develop a pro forma cost of operations for the proposed facility(s). Given that the
number and type of facilities is unknown at this time, the exact nature of the
proforma is indefinite, although it will likely suggest a general range of operating
costs and income, as opposed to specific line items: Cost and income potential will
certainly be influenced by governance and management recommendations.
. FACILITY /ORGANIZATIONAL GOVERNANCE
o Provide general recommendations about how the proposed facility(s) would be
managed and how the various organizations might govern themselves with respect
to the proposed facility. Guidance regarding agreements between future tenant
organizations (from among the arts and cultural organizations identified by the CRA
for the purpose of this project) , the CRA, and the developer will be provided.
. N EX.T STEPS
o Recommendations regarding suggested next steps will be included.
Deliverables for this project will include:
. Collective statement of vision and mission for the cultural district
. Statement of the collective and individual institutional needs of future tenant
organizations
. Facility concept, pro forma building program, and financial operating pro forma
. Recommendations regarding governance, management structures, and next steps.
Examples of next steps could include a Fundraising Feasibility Study, organization of a
fundraising structure and plan, architectural conceptualization for proposed facility(s),
audience market analysis, ete.
community + culture
445 Selborne Way, Serenbe
Chattahoochee Hills, GA 30268
770.463.4870/404-733.5195/ fax 404.759.2522/ www.tomlinson-graham.com
Page 2 of 3
It is estimated that this scope of work will be accomplished within six (6) months of notice to
proceed, although exact timeline will be influenced by availabilities of interviewees and
progress of the master plan. The fee for this scope of work is $35,000.00.
Consistent with Pizzuti's three broad tasks outlined in the Scope of Work for the CRA, TG2's
proposed deliverables, and fee payment schedule is as follows:
TASK 1 - Existing Conditions Analysis
TG2 corresponding scope
. Collective statement of vision and mission for the cultural district
. Statement of the collective and individual institutional needs of future
tenant organizations
. Facility concept
. Pro forma building program,
TASK 2 - Conceptual Master Plan and Initial Entitlements
TG2 corresponding scope
. Financial operating pro forma
. Recommendations regarding governance and management structures
TASK 3 - Implementation Plan and Financial Model
TG2 corresponding scope
. Recommended next steps
. Final report
Reimbursable expenses, as per Attachment A, will be charged as incurred.
Please indicate your agreement to this proposal by countersigning this letter and returning to
us_ We mutually agree that this agreement shall not be in force until such time as Pizzuti's
agreement for master planning services is accepted.
We look forward to working with you and your colleagues on this exciting project.
Sincerely,
Tom Tomlinson
Princi pal
Cc: John Graham
Arthur Greenburg
Agreed and Accepted:
print name)
Pizzuti Solutions, LLC
community + culture
445 Selborne Way, Serenbe
Chattahoochee Hills, GA 30268
770.463.4870 I 404.733.5195 / fax 404.759.2522 I www.tomlinson-graham.com
Page 3 of 3
SCHEDULE A-4
Tasks 1 and 2 - Supplemental Scope of Services
::PPS
PROJECT for
PUBLIC SPACES
700 Broad'Nay
New York, NY 10003
T (212) 620-5660
F (212) 620-3821
\wJW.pps.org
Exhibit A
Scope of Work 4-7-09
Bayshore Gateway Triangle Redevelopment Area
Collier County, FL
PHASE 1: GATHER INFORMATION/ SCHEMATIC DESIGN
Task 1.1: Review Documents
In preparation for our work sessions with the development team, the Collier County
officials and key'stakeholders, we propose to:
. Review existing documentation, master plans, site plans and community input as
they relate to your site.
. Prepare PowerPoint presentation describing PPS principles for successful public
spaces in this project and illustrating our initial ideas with images of comparable
models.
Participants: PPS
Product: Powerpoint presentation and Public Space Principles
TRIP ONE: Three PPS staff. two davs
Task 1.2: In;tial Kick-Off Meeting/ Work Session with Development Team
PPS will meet with the Client and the Development Team fqr the project, to discuss and
finalize the scope of work and, clarify salient issues impacting the study area, PPS will
present its principles for successful public spaces and brainstorm with the team the
prinCiples for the project. We will also introduce the Power of Ten concept to help identify
existing and proposed destinations:
Participants: PPS, Development Team
Product: Public Space Principles and Power of Ten discussion
Task 1.3: Site t<;Jur
PPS will tour the study area with the Development Team and CRA representatives, if
possible. During this tour, PPS will take photographs to record conditions for further study,
scout workshop locations and identify key sites to be evaluated during the Placemaking
VVorkshops. .
Participants: PPS, Development Team, CRA reps
Product: Photo-documentation of site
Task 1.4: Public space analysis/Observations
PPS will prepare a map identifying all pubHc spaces and major public destinations in the
vicinity of the development site. These spaces will include parks, playgrounds and
plazas, retail or commercial centers, as well as facilities like the Naples Bqtanical
Garden, libraries, schools, community centers and cultural and governmental uses. This
1
will assist in understanding what public uses exist and how they refate to each other and
will help us to prepare for meetings with CRA and County officials and the community.
Participants: PPS
Product: Public space analysis map
Task 1.5: Interviews and Focus Groups with Key Stakeholders
PPS will conduct two days of on-site interviews with key individuals and stakeholdE?rs to
gather information that has a bearing on the project, seek their ideas about programming
and destinations, and gauge their interest in becoming partners in the use and
management of the site. Their information will help to inform the Program, and the
Operations & Management Plan, for the project. Interviewees could include city and
county officials, managers of other public spaces, key business people.and other
developers, institutional and civic leaders, and representatives of non-profit
organizations (cultural organizations, community development corporations, youth
organizations, etc.). Some interviews may be conducted as focus groups of people with
common interests.
After the initial round of interviews, the development team and the PPS team may
determine that additional interviews, whether on-site or via phone, are necessary to
gather more information. In this event, a separate agreement for additional services will
be proposed.
Participants: PPS
Product: Minutes of meetings/Summary of ideas
Task 1.6: Work Session with Public (City and County) Officials
PPS will meet with CRA and other public officials. This will accomplish the foflowing:
. Explain PPScommunity participation process and methodology
. Discuss issues and opportunities reo the public spaces and access, and
relationship to surrounding neighborhood
. Discuss community needs and county's plans for existing streets and public
spaces
. Discuss parameters and process for a public Placemaking Workshop .
. Discuss community outreach techniques to maximize attendance at public
workshops
Participants: PPS, members of d~velopment team (developer, architects, landscape
architects) and eRA or County representatives. These could include representatives of
the County Commissioners' offices, the Park and Recreation, Planning and
Transportation Departments, and elected officials.
Participants: PPS, members of the Development Team
Product: Minutes of the meeting and a memo that summarizes the results of the work
session.
Task 1.7 Community Workshop Planning:
Following meeting with County officials, we will 'fully plan the parameters, process and
agenda of a Placemaking Workshop.
2
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Product: Memo that summarizes the parameters, process and agenda of the
Placemaking Workshop.
PHASE 2: COMMUNITY WORKSHOP/PUBLlC SPACE CONCEPT DEVELOPMENT
TRIP TWO: Three PPS staff. 1-1/2 days
Task 2. 1: Community Placemaking Workshop
PPS will conduct a participatory visioning workshop to obtain the input of a broad
representation of community members and stakeholders, including neighborhood groups
and individuals, local residents, businesses, and potential partners. Although the
workshop should be open to the public, key stakeholders should be encouraged to
attend. .
Drawing from PPS's extensive archive slides and the photographic documentation of the
existing site and context, a PowerPointshow will be presented that depicts relevant
examples of public spaces elsewhere. PPS has found this to be an effective approach
in showing participants the potential for positive change, getting people to thilik about
what types of improvements might be accomplished and eliciting ideas and discussion.
The slide presentation and discussion will be followed by small breakout groups that will
evaluate, if possible, different areas of the site, using PPS's Place Performance
Evaluation form. These groups will then discuss individual issues in depth and develop
their vision for the public spaces and the development, and propose relationships to the
larger region and long-term partnerships. The small groups then report back on their
ideas to the full group.
Participants: PPS, development team, stakeholders and community members
Product: PPS will prepare a summary of the workshop findings that will be further
illustrated in the corkep! Plan in Task 2.2.
Task 2.2: Develop Public Space Concept
Using the recommendations from the workshop, PPS will prepare a brief report and
diagrammatic concept plan that will illustrate the community's vision for the streets,
public spaces and ground floor uses including:
. Circulation pattern, streets, sidewalks, promenades and linkages to transit and
other destinations;
. A program of activities and uses in public spaces throughout the year;
. Types of retail, restaurant, civic and cultural uses;
. Types and locations of key amenities such as seating, lighting and public art, and
focal points;
. Relationship of development to lake;
. Relationships of public spaces to the buildings.
Partfcipants: PPS
Product: A draft report with opportunity images and a preliminary site plan that will be
distributed to the team for comments. A powerpoint explaining the concept plan.
Task 2.3 Prepare Final Report and Concept Plan
PPS will finalize the report and concept sketches that will be distributed to the public.
3
Product: Final report with detailed program and concept plan
PHASE 3: ADViSORY PHASE
TRIPS optional: One PPS staff member
Task 4. 1: Meetings with DesignIDevelopment Team to Develop Schematic Design! Site
Plan
PPS will attend meetings and conference calls with development team and tile
designers to develop and review initial designs for the development. PPS will also
participate in the design process through meetings and conference calls with the design
team and we will provide sketches, memos and cases study images to help develop the
public space framework. This work will be billed at an hourly rate up to a, cap of
$20,000. We estimate spending approximately 100 hours on this task: approximately
12~15 conference calls or on-site meetings for 1 or 2 staff members.
Product: Notes from meetings, sketches and memos regarding public spaces.
SCHEDULE A-5
Tasks 1, 2 and 3 - Supplemental Scope of Services
~~
TIpo4>scrO'tovcU.. Evywsspcr, ffiavvspa & Aa.vS LUp!.iJS'VOPcr
12653 mx.P. 769, 2:m'tS B
AnteS 2:ul;'V, <llA.Opt&t 34269
(941) 625--1165
<lla~ (941) 625-1149
meaas PmV.V/ To:
IIOPTXHAPAOTTE OM>IXE
May I, 2009
N.fr. Tom Hanner
The Pizzuti Companies
300 S. Orange Avenue, Suite 1500
Orlando, Florida 32801 .
Reference:
COLLIER COUNTY CRA PROJECT
COLLIER CO~TY, FLORIDA
Dear Mr. Harmer:
Thank. you for allowing our :firm to propose professional services for the development of the above
referenced parcel. It is our understanding. that you desire our service for surveying, due diligence,
zoning and engineering associated with the above-mentioned project. Tbis proposal will establish our
recommended services and associated fees we believe are necessary to successfully complete this
project.
SCOPE OF SERVICES
1. SURVEYING SERVICES.
A BOUNDARY SURVEY - This service includes the preparation of an update to the
boundary survey for the overall property associated with the project. This service
includes the currently owned small lot located at the southwest comer of the main tract.
This service does not include the center large outparcel that is currently not owned by the
CRA (This task will be completed by Banks Engineering.)
B. LIMITED TOPOGRAPIllC SURVEY - This service includes the preparation of a
limited topographic survey for the project area. This service will be used to supplement
the existing aerial topographic survey. This service will be necessary to ground truth
some of the existing aerial topographic data. In addition, this service will provide the
physical location of on-site and off-site improvements and/or natural features. Tbis
service will cover the entire on-site property as identified in Task A above as well as, a
portion of Bayshore Drive and Sugden Park to the east of the project. Additional
Fort Myers Office
10511 Six Mile Cypress
Pkwy~ Suite 101
Fort M:yers. FL
33966
(239) 939-5490
Fax (239) 939-2523
Naples Office
2515 Northbrooke Plaza Dr.
Suite 200
Naples, Florida
34119
(239) 597-2061
Fa;'!: (239) 597-3082
S=asota Office
1144 rallevastRoad
Suite # 115
Sarasota, Florida
34243
(941) 360-1618
Fax (941) 360-6918
<"'co. . r-. '.~._ 0_ '-,__.:....-'-..
Mr. Tom Harmer
Collier County CRA Project
May 1, 2009
Page 2 of9
topographic surveying may be necessary to complete final engineering design in the
future. (This task will be completed by Banks Engineering.)
C. WETLAND JURISDmONAL SURVEY - This service includes the preparation of a
wetland jurisdictional (JD) survey for the project area as identifie.d in Task A The
service only includes the surveying of the preliminary wetland JD line as flagged by the
team environmental consultant. (This task will be completed by Banks Engineering.)
D. BATHYMElRIC SURVEY - This service includes the preparation of a bathymetric
survey of the existing lakes within the project area. In addition, the service includes the
preparation of a bathymetric survey for the portion of the existing canals that abut the
project area to the east, . (rhis task will be completed by Banks Engineering.)
E. OUlPARCEL SURVEY (IF REQUIRED) - This service includes the preparation of an
update to the boundary survey, a limited topographic survey, a wetland JD survey and a
bathymetric survey for the outparcel not currently owned by the CRA located in the
western portion of the project area. the scope of the survey items listed in this task will
be consistent with the scope identified in Task A, B, C & D listed above. (This task will
be completed by Banks Engineering.)
n. DUE DILIGENCE SERVICES
A ENGINEERING RESEARCH - This service includes obtaining and reviewing existing
information which is readily available and pertinent to the project. This information will
include:
1. Location of nearest available utilities
2. Existing and/or future roadway plans for roadways abutting the property
3. Existing adjacent storm water permits
4. Current Land Use and Zoning designation
5. Collier County zoning and land development codes
6. Other pertinent information in regards to the project.
(This task will be completed by Banks Engineering.)
B. PROTECTED SPECIES SURVEY - This service includes the preparation of a protected
species survey and report for the referenced parcel. The survey will be completed to
determine if there are any potential protected species issues related to the site. In
addition, this service will determine the preliminary wetland acreage on the property by
completion of a FLUCCS map of the project area. (This task will be completed by W.
Dexter Bender & Associates.)
C. WETLAND JURISDICTIONAL FLAGGING - This service includes the flagging of the
assumed wetland jurisdictional line. The flagged line will be detennined by'utilizing the
natural features in the project area. This service does not guarantee this line to be
approved exactly as flagged. The line will have to be finalized in Phase II of the project
once it is field verified by the South Florida Water Management District and the Army
Corps of Engineers. (This task will be completed by W. Dexter Bender & Associates.)
D. PHASE I ENVIRONMENTAL SITE ASSESSMENT (IF REQUffiED) - This service
includes the completion of an update to the environmental site' assessment previously
completed for the project area to determine if there are environmental risks associated
with the site. (This task will be completed bv sub-consultant if required.)
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Mr. Tom Harmer
Collier COlmty eRA Project
May 1, 2009
Page 3 of9
E. PRELIMINARY GEOTECHNICAL EXPLORATION (IF REQUIRED) - Tbis service
includes completing six (6) 25 foot deep borings to determine the site's existing
underlying soils. (This task will be completed by sub-consultant ifrequired.)
F. AGENCY PRE-APPLICATION MEETINGS - This service includes our attendance at
pre-application meetings with both the South Florida Water Management District and the
Army Corps of Engineers to deteri:nine any potential design constraints that may apply to
. the proposed project. (This task will be completed by W. Dexter Bender & Associates
and Banks Engineering.) .
G. ADDmONAL OUIP ARCEL DUE DILIGENCE (IF REQUIRED) - This service
includes the" preparation of the additional due diligence work that will be necessary to
complete if the CRA acquires the outparce1located in the western portion of the property.
The task will include the additional time to complete Tasks B & C listed above. This
services asSumes that the outparcel will be acquired prior to the notice to proceed
otherwise additional fees. may be necessary to complete this task. (This task will be
completed by W. Dexter Bender & Associates.)
ill. ZONlNG SERVICES
A LEAD PLANNING FOR REZONING - This service includes the preparation of the
rezoning application, coordination with the rezoning team members, coordination with
the Collier County staff, land use analysis and presentation at the rezoning public
hearings. The lead planner will be responsible to head the rezoning effort for the project.
B. ENGINEERING REZONING SUPPORT - This service includes our preparation of
zoning related engineering. materials necessary to complete the Planned Unit
Development application process. This service also includes our ~ttendance at all public
hearings required for the rezoning process (limit of two hearings). (This task will be
completed by Banks Engineering.)
C. ENVIRONMENTAL REZONING SUPPORT - This service includes our preparation of
zoning related environmental materials necessary to complete the Planned Unit
Development application process. This service also includes our attendance at all public
hearings required for the rezoning process (limit of two hearings). (This task will be .
completed by W. Dexter Bender & Associates.)
D. TRAFFIC ENGINEERING REZONING SUPPORT (IF REQUffi.ED) - This service
includes our preparation of zoning related traffic engineering materials necessary to
complete the Planned Unit Development application process. This service also includes
our attendance at all public hearings required for the rezoning process (limit of two
hearings). (This task will be completed by sub-consultant ifrequired.)
E. PUBLIC WORKSHOPS - This service includes our preparation for and attendance at the
public workshops for the proposed project within the CRA This service is limited to
four (4) workshops. (This task will be completed by W. Dexter Bender & Associates and
Banks Engineering.)
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I\1r. Tom Harmer
Collier ComIty CRA Project
May 1, 2009
Page 4 of 9
F. MASTER CONCEPT PLAN PREPARATION - This service includes the preparation of
the Master Concept Plan requirec:l for the Collier County Planned Unit Development
process. This service assumes that we will receive a completed preliminary Concept Plan
from the project landscape architect. (This task will be completed by Banks
Engineering. )
G. TRAFFIC IMPACT STATEMENT (IF REQUIRED) - Tbis service will include the
preparation of a traffic impact statement and mitigation plans as required for the rezoning
process. (This task will be completed by sub-consultant ifrequired.)
IV. ENGINEERING SERVICES
A. REGIONAL STORM WATER EVALUATION (OPTIONAL) - Tills service includes
our review of the regional storm water basin and how the proposed CRA may enhance
the function of existing facilities. Tbis service also includes coordination with the South
Florida Water Management District and the previous consultant to determine potential
options. (This task will be completed by Banks Engineering.)
B. PRELIMINARY INFRASTRUCTIJRE DESIGN - This service includes the preparation
of preliminary design concepts for the storm water, potable water and wastewater
systems. The preliminary design concepts will be used to complete a more accurate
construction cost estimate. (This task will be completed by Banks Engineering.)
c: CONSTRUCTION COST ESTIMATE - Tbis service includes the preparation of a
preliminary construction cost estimate based on the client approved site plan and the
preliminary infrastructure design. (This task will be completed by Banks Engineering.)
D. TEAM COORDINATION MEETINGS - Tbis service includes our preparation for and
attendance at any team coordination meetings for the proposed project within the CRA.
This service is limited to ten (10) meetings. (This task will be completed by W. Dexter
Bender & Associates and Banks Engineering.)
E. GOVERNMENTAL COORDINATION MEETINGS - This service includes our
preparation for and attendance at any governmental coordination meetings for the
proposed project within the CRA. This service is limited to ten (10) meetings. (This task
will be completed by W. Dexter Bender & Associates and Banks Engineering.)
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SCHEDULE A-6
Tasks I, 2 and 3 - Supplemental Scope of Services
SCOi>e of Services
Bavsbore Gatewav Mixed Use Develooment
04101/09
SCOPE OF SERVICES FOR PROFESSIONAL LANDSCAPE ARC.H1TECTURAL
SERVICES BElWEEN PJZZUTI SOLUTIONS, INC. AND THE FIRM OF
BELLOMO;.BERBERT AND COMPANY, INC.
OF 801 NORTH ORANGE AVENUE, SUITE 730, ORLANDO, FL 32801
PROJECT: COLLIER COUNTY BA YSHORE TRIANGLE CRA:MIXED USE
DEVELOPMENT PLACEMAKING MASTER PLAN
I. PURPOSE
The purpose of this Scope of Services is to specify the required services of Bellomo-Herbert &
Company, hIe. (hereinafter referred to as the CONSULTANT) to provide Landscape
Architectural services to Pizzuti Solutions, hIe. (hereinafter referred to as the CLIENT) for the
Collier County Bayshore Gateway Triangle CRA Mixed Use Development on CRA ovvned land.
ll. GENERAL SCOPE OF THE WORK
The CONSULTANT'S services shall consist of the completion of conceptual design plans and ..
final Master Development Plan for an approximately 18 acre site located on Bayshore Drive in
the Bayshore Gateway Triangle CRA District in Collier County, Florida. The LANDSCAPE
ARCHITECT'S services shall include the following specific tasks:
A. PHASE 1- DATA COLLECTION & SITE ANALYSIS
1. Data Collection:
a. The CONSULTANT will meet with the CLIENT and the Development Team at a
kick-off meeting (projectfor Public Spaces Scope afWork Task 1.2).
b. The CONSULTANT ~hall visit the proj ect site in order to become familiar with
existing conditions of the site and the surrounding District and community; (pPS
Scope of Work Task 1.3).
c. The CONSULTANT shall attend and participate in on-site interviews with key
stakeholders (pP S Scope of Work Task 1.5). This task shall be led by
representatives ofPPS.
d. The CLIENT shall provide the CONSULTANT with a boundary, topographic,
wetland delineation and tree survey of the site. In addition, any preliminary
environmental reports shall also be made available.
2. Site Analysis:
a. The CONSULTANT shall complete a Site Analysis of the project property,
depicting internal and external influences on the site. An additional analysis,
regarding public destinations within the vicinity of the site, shall be completed by
PPS.
3 . Work Session with Public Officials:
.___,:_.~:,..'.;..:. Page No.1.
Bellomo-Herbert & Comoanv. Inc.'
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Seooe of Services
Bavshore Gatewav .Mixed Use Develooment
04/01/09
a. The CONSULT ANT shall attend and participate in a meeting with representatives
ofPPS, the Client, the Development Team, the CRA, and other invited public
officials. This work session is to be led by PPS (pPS Scope of Work Task 1. 7).
B. PHASE 2 - coMMUNITY WORKSHOP & PUBLIC SPACE CONCEPT
1. The CONSULTANT shall attend a Community Placemaking Workshop, led by PPS.
2. The CONSULTANT shall review a Public Space Concept Plan to be completed and
distributed by Project for Public Spaces, and shall coordinate any questions or comments
related to the diagram with PPS and the CLlENT.
C. PHASE 3 - PRELIMINARY MASTER PLAN PHASE
1. Based upon the Concept Plan described above, The CONSULTANT shall prepare a
Preliminary Master Plan for the site, indicating placement of program elements identified
by PPS during their interview and workshop efforts (i.e. building types, public amenities,
open space, parking and other project elements), and as identified and described within
the Public Space Concept Plan.
2. In addition to the Preliminary Master Plan described in C.I above, the CONSULTANT
shall produce a Design Criteria Package consisting of renderings, cross sections, and/or
plan area enlargements to further describe the character of the proposed development.
The CONSULT ANT shall work in concert with the proj ect architect and with PPS, but
shall be responsible for describing the design, character and scale of the project's
pedestrian spaces, exterior gathering/socializing places, water features/play areas,
waterfront treatment, entrances and roadways. It shall be the responsibility of the project
architec~ to develop the architectural character of the retail, residential, entertainment and
performing arts venues for the project. The plans completed by the CONSULTANT shall
be transmitted to the CLIENT and PPS for review and comment.
3. The CONSULTANT shall provide preliminary Estimates of Probable Cost to the
CLIENT, which shall include estimates on architectural facilities, site infrastructure,
streetscapes, public spaces and any and all other possible construction costs.3,
4. The CONSULTANT shall review the Preliminary Master Planes) and renderings
described above with the CLIENT, the Bayshore Triangle CRA, and any other
individuals or representatives of special interest groups identified by the CLIENT. This
review shall occur at a single meeting in Collier County. Based upon comments received
at the meeting described above, the CONSULTANT shall modifY the plans and
renderings as necessary.
5. The CONSULTANT shall complete a Draft Master Plan Report document that describes
the placemaking process, site and district analyses, Public Space Concept Plan,
Preliminary Master Plan and the renderings/sections, plan enlargements and architectural
drawings. PPS shall transmit drawings, diagrams, photographs, completed surveys, etc.,
Page No.2 &Homo-lierbert & CompanY. Ino.
. .
~ "' ~ ." .
Scone of Services
Bavshon: Gatewav 11ixed Use Develanment
04/01/09
to the CONSULTANT for inclusion in the Draft Master Plan Report. The CLIENT shall
also transmit any market studies, proforma information, or any other financial
information deemed necessary for inclusion. Upon completion, the document will be
transmitted to the CLIENT and PPS for comment.
6. The CONSULTANT shall attend a Master Plan public presentation to solicit input and
receive comments on the Preliminary Master Plan.
C. PHASE 4 - FINAL MASTER PLAN PHASE
1. The CONSULTANT shall modify the previously described Preliminary Master Plan and
renderings, sections, plan enlargements, etc., to address comments received at the public
presentation, and shall transmit these changes to the CLIENT and PPS to solicit their
comments. Modifications shall be made as necessary and as requested. These documents
shall comprise the Final MasterPlan.
2. The CONSULTANT shall review the Final Master Plan described above with the
CLIENT, the Eayshore Triangle CRA, and any other individuals or representatives of
special interest groups identified by the CLIENT. This review shall occur at a single
meeting in Collier County. Based upon comments received at the meeting described
above, the CONSULTANT shall modify the plans and renderings as necessary.
3. The CONSULTANT shall attend a Final Master Plan public presentation to solicit input
and receive comments on the Final :Master Plan.
Vll. COMPENSATION AND DELIVERABLES
1. In exchange for the services described herein, the CONSULTANT shall receive a lump
sum fee.
2. All plans, reports, drawings, etc. shall be prepared utilizing the following computer
software; :Microsoft Word, AutoCAD, InDesign, Adobe Photoshop, Adobe illustrator
and Sketch Up. Electronic files as well as hard copies of the completed documents shall
be delivered to the CLIENT upon completion of the project.
3. Drawings, plans, reports, etc. shall be delivered to the CLIENl in the following
quantities:
. Reports ~
8 copies, full color, bound
_~E~NQ3_
Bellomo-Herbert & ComDCJ1V. Inc.
Scope of Services
Bavshore Gatewav Mixed Use Develooment
04101/09
1 copy, full color, un-bound, camera ready
1 complete digital copy of full report content
it Large Plans - 1 original color copy, full size
1 copy of each drawing/plan which had been prepared in digital
format
4. Invoices shall be submitted to the CLIENT from the CONSULTANT on a monthly basis
and shall be based upon percentage of work completed for the prior month.
5. Reimbursable Expenses - Direct, out-of-pocket expenses such as express mail delivery,
postage, printing, plotting, copying, long distance telephone services, automobile
mileage, food and lodging are considered reimbursable costs which are not included in
the fees quoted herein. These costs will be billed in addition to the stated fees.
Automobile mileage will be billed at the current mileage rate as designated annually by
the IRS.
Any authorized additional services beyond the scope outlined, if requested by the Client,
shall be compensated based on the hourly rates outlined in Exhibit 'B'.
PaGe No.4
Bellomo-Herbert & Comoanv. Inc.
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as
part of its monthly invoice a progress report reflecting the Project design and
construction status, in terms of the total work effort estimated to be required for the
completion of the Basic Services and any then-authorized Additional Services, as of the
last day of the subject monthly billing cycle. Among other things, the report shall show
all Service items and the percentage complete of each item.
B1.1.1
of:
All monthly status reports and invoices shall be mailed to the attention
David Jackson, Executive Director
Bayshore/Gateway CRA
4069 Bayshore Drive
Naples, Florida 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make
the lump sum payments to CONSULTANT in accordance with the terms stated below.
Payments will be made in accordance with the following Schedule; however, the
payment of any particular line item noted below shall not be due until all services
associated with any such line item have been completed to OWNER'S reasonable
satisfaction.
ITEM LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE
Overall Project Management $42,000,00 Payable $3,500.00 per month for
twelve (12) months
Task 1 Existing Conditions Analysis $165,100 Payable Upon Receipt of All
Deliverables
Task 2 Conceptual Master Plan and $186,690 Payable Upon Receipt of All
Initial Entitlements Deliverables
Task 3 Implementation Plan and $85,530 Payable Upon Receipt of All
Financial Model Deliverables
Reimbursables $47,932 Time and Materials
TOTAL FEE (Total Items 1-5) $527,252 NOT TO EXCEED
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Five Hundred
Twenty Seven Thousand Two Hundred Fifty Two Dollars ($527,252) to be paid to
TPA#198337LI
CONSULTANT for the performance of the Basic Services. Assuming OWNER and
CONSULTANT both determine from the Phase 1 work that it makes economical and
commercial sense to move to Phase 2, fifty percent (50%) of the fees paid will be
reimbursed to the Bayshore/Gateway CRA within ninety (90) days after the Phase 2
Development Agreement is fully executed. The schedule for reimbursement will be
considered in the Financial Plan.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any,
OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable
Expenses based on the services to be provided and as set forth in the
Amendment authorizing such Additional Services. The negotiated fee shall be
based upon the rates specified in Attachment 1 to this Schedule B and all
Reimbursable Expenses shall comply with the provision of Section 3.4.1 below.
There shall be no overtime pay on Additional Services without OWNER'S prior
written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be
the total and complete amount payable to CONSULTANT for the Basic Services
to be performed under the provisions of this Agreement, and shall include the
cost of all materials, equipment, supplies and out-of-pocket expenses incurred in
the performance of all such services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to
perform the Services required of it under this Agreement, as directed by
OWNER, pending resolution of the dispute provided that OWNER continues to
pay to CONSULTANT all amounts that OWNER does not dispute are due and
payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. 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 Project name and shall not be submitted more than
one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2
hereinabove may be paid monthly or upon deliverables at the discretion of the
OWNER and payment for reimbursable expenses will be made monthly upon
presentation of a detailed invoice with supporting documentation.
TPA#19833711
B.3.4 Unless specific rates have been established in Attachment 1, attached to this
Schedule B, CONSULTANT agrees that, with respect to any subconsultant or
subcontractor to be utilized by CONSULTANT for Additional Services,
CONSULTANT shall be limited to a maximum markup of 5% on the fees and
expenses associated with such subconsultants and subcontractors.
8.3.4.1 Reimbursable Expenses associated with Additional Services must
comply with section 112.061, Fla. Stat., or as set forth in the Agreement,
be charged without mark-up by the CONSULTANT, and shall consist
only of the following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and
handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with
respect to Project related trips, to the extent such trips are
approved by OWNER. Such expenses, if approved by
OWNER, may include coach airfare, standard accommodations
and meals, all in accordance with section 112.061, F.S. Further,
such expenses, if approved by OWNER, may include mileage
for trips that are from/to destinations outside of Collier or Lee
Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.4.1.5 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.3.4.2 Should a conflict exist between the dollar amounts set forth in Section
112.061, F.S., and the Agreement, the terms of the Agreement shall
prevail.
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SCHEDULE 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
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages
required herein, the OWNER may terminate the Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days
after demand, OWNER has the right to offset these costs from any amount due CONSULTANT
under this Agreement or any other agreement between OWNER and CONSULTANT. The
OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for
the coverages purchased or the insurance company or companies used. The decision of the
OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X
Yes
No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the CONSULTANT during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
X
$100,000 Each Accident /
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$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
(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
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
/
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER 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
(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:
_X_ Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement?
Yes X 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
_ $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
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 CONSUL TI\NT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
SCHEDULE E
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Pizzuti
(28%) Firm Total Time Allocated to Project
Percentaqe of Time
Allocated to Proiect
James S. Russell, CEcD, Executive Vice President
Thomas A. Harmer, ICMA-CM, Senior Director & key contact
Barbara Fohl, Manager of Research & Development Services
Stephanie Moreton, Manager of Business Development
Don Wheat, AlA, LEED AP(and third party design architect TBD)
Shannon David Hamons, CEcD, Director of Special Projects
Sub consultants:
TG2 with AMS
(7%) Firm Total Time Allocated to Project
Tom Tomlinson & key contact
Arthur Greenburg
Bellomo Herbert & Company
(22%) Firm Total Time Allocated to Project
Frank Bellomo, President & key contact
Glenn Herbert, FASLA, Vice President
Melanie Harris, Landscape Technician
(17%) Firm Total Time Allocated to Project
Proiect for Public Spaces
Fred I. Kent, President
Meg Walker, Vice President & key contact
Elena Madison, Assistant Vice President
2%
5%
8%
1%
11%
1%
4%
3%
10%
6%
6%
3%
7%
7%
Banks Enqineerinq (18%) Firm Total Time Allocated to Project
Todd R. Rebol, P.E., & key contact 9%
Dean S. Ziegler, Senior Land Planner 3%
Dave Underhill, P.E., Project Manager 3%
Clay Rebol, Project Engineer 1 %
Ken E. Trask, PLS, Survey Project Manager 1 %
Stacy Hewitt, AICP, Planner 1 %
W. Dexter Bender & Associates (8%) Firm Total Time Allocated to Project
Paul K. Owen, Principal Ecologist & key contact 4%
Tyler King, Principal Ecologist 2%
Craig Smith, Senior Ecologist 1 %
Dan Underhill, Ecologist III 1 %
Total
100%
ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYYY)
6/9/2009
PRODUCER Phone: 614-457-7000 Fax: 614-457-1507 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH Columbus ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2245 North Bank Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Columbus OH 43220
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Cincinnati Ins Co 10677
The pizzuti Companies INSURER B:
Two Miranova Place
Suite 800 INSURER C:
Columbus OH 43215 INSURER D:
INSURER E:
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.
INSR ~~~L POLICY NUMBER P'?,kICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR
A ~ERAL LIABILITY CPP3663513 7/1/2008 7/1/2009 EACH OCCURRENCE $1 000 000 J
,1L 3MMERCIAL GENERAL LIABILITY PREMISES rEa occurence\ $I 000 000
>-- CLAIMS MADE IX] OCCUR MED EXP (Anyone person) $10 000
PERSONAL & ADV INJURY $1 000 000
GENERAL AGGREGATE $2 000 000
n'L AGGREAE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $1 000 000
POLICY ~~2T n LOC
A ~OMOBILE LIABILITY CPP3663513 7/1/2008 7/1/2009 COMBINED SINGLE LIMIT II
dL ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
lL HIRED AUTOS BODILY INJURY
(Per accident) $
lL NON-OWNED AUTOS
- I PROPERTY DAMAGE $
(Per accident)
=rAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
:=]ESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
=1 DEDUCTIBLE $
RETENTION $ i $
A WORKERS COMPENSATION AND WC2113066 7/1/2008 7/1/2009 X I r'X~~TfJ}I-;, Ix IOJ~- IN/IL/FL
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ~1 000 000 .
ANY PROPRIETORlPARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 51 000 000
If yes, describe under E.L. DISEASE - POLICY LIMIT $ 51 oon noo
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IEXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
,-E: Contract #09-5184 "Master Developer for a Mixed Use Development on CRA Owned Land"
~ollier County Government and Collier County CRA are listed as additional insureds on the general liability.
"
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier County BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
Administrative Services Division, Purchasing CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Dept SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
3301 Tamiami Trail East THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Naples FL 34112
AUTHORIZEDREPRESENTATK~ ~.~
. ACORD 25 (2001/08)
@ACORDCORPORATION 1988
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 (2001/08)
T _.._._...__.~.,__..._"",_",,_.____<_m,~_.M","~_""""~'.....,