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Backup Documents 09/08/2015 Item #16A44 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT r n 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI 111, ►!•iP-- SEP 4 9 2015 Routed by Procurement Services to the Rik ManayerEies►l Following Addressee(s) (In routing order) Office Initials Date 1. Risk Management Risk �/'� 2. County Attorney Office County Attorney Office )/1//)1 3. BCC Office Board of Count � Commissionersy v� �s/ (M.t1\‘c� 4. Minutes and Records Clerk of Court's Office il I l� �� t P 5. Return to Procurement Services Procurement Services Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Evelyn Colon Phone Number 252-8375 Procurement Staff September 8,2015 Contact and Date _ Agenda Date Item was September 8,2015./ Agenda Item Number 16.A.44 t/ Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 15-6452 Lago number if document is Number/Company Consulting to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 3V Chairman's signature. 16A44 4 4 MEMORANDUM Date: September 15, 2015 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #15-6452 "Modeling Services for Surface Water and Groundwater Management" Contractor: Lago Consulting & Services, LLC Attached is an original of the contract referenced above, (Item #16A44) approved by the Board of County Commissioners on Tuesday, September 8, 2015. An original amendment has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16A44 Contract# 15-6452 "Modeling Services for Surface Water and Groundwater Management" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this .3.1, ‘ day of S,or-f-P,,, (per,- , 2016- by 015by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Lago Consulting & Services LLC, authorized to do business in the State of Florida, whose business address is 4237 Henderson Boulevard, Suite 201, Tampa, Florida 33629 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting Modeling Services of the CONSULTANT concerning Modeling Services for Surface Water and Groundwater Management (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: 1 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Modeling Services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Peter deGolian, Senior Project Manager, 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 2 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management .a 16A44 arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: 3 0 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. 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 County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, SContract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN 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. 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 5 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 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 Ordinance and 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. 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 6 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16 A44 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). 2.9. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. 7 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management ARTICLE THREE 1 6 A 4 4 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; (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, 8 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 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. 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 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 4 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. 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. . 10 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16 4 4 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, MicroStation or AutoCAD 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 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 11 CA Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 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. 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, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under • this Agreement and shall contain a severability of interests provisions. 12 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 1Ø /\ 44 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage 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, or reference this contract number. 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 13 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 9' 16A44 Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 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 14 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management a 16A44 between OWNER and any subconsultant or subcontractor. Further, all such contracts shlall 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 15 Contract#15-6452'Modeling Services for Surface Water and Groundwater Management -a� 16A44 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. 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. 16 0 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 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 TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 1 Contract#15-6452"Modeling Services for Surface Water and Groundwater Manageme l6A44 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: 18 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management Board of County Commissioners 1 6 A 4 4 Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407 Fax: 239-252-6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Lago Consulting & Services LLC 4237 Henderson Boulevard, Suite 201 Tampa, Florida 33629 Phone: 813-774-5559; Fax: 813-774-5559 Attn: Marcelo E. Lago, Vice President Email: Marcelolaqo-consulting.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 19 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS 20 (1) Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 4 4 RFP # 15-6452, Modeling Services for Surface Water and Groundwater Management Terms and Conditions Consultant's Proposal ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 21 0 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 22 Contract#15-6452"Modeling Services for Surface Water and Groundwater Managemen#41) 16AARTICLE TWENTY-ONE `f IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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 County shall have the discretion to unilaterally terminate this agreement immediately. ********** O 23 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16444 4 4 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Modeling Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Clerk zisr.,,,,,_ Date: j9 . � tS By: jlac, _ Attest as to Chairman's Tim ance, Chairman signature only. ti5 ---proved as to •rm d egality: it • -- . County Attorney ' , . k.. --Te-a. Name Lago Consulting & Services LLC Consultant 1-Al/f:- e/i t ' j 1't ess ,, w ;te��lr9�, ' �c1 40 Mavtc� ( - 6r�ava , 1Presi h� Name and Title 1 Name and Title AIness aile(t t.0.50 v tartiAkva Name and Title Item# 110A'ti Agenda 4 /1311c- Date 6 ©ate Q Recd ` iIt )1r acs , Deputy Clerk i-) 1 24 CI) Contract#15-6452"Modeling Services for Surface Water and Groundwater Management SCHEDULE 16A44 SCOPE OF SERVICES Background The Collier County Groundwater Protection Ordinance (GWPO) was adopted to safeguard groundwater aquifers, which are the major sources of potable water in Collier County. That ordinance was incorporated into the County's Land Development Code in Sections 3.06, 10.02, and 10.04. In order to protect these critical groundwater resources, Collier County (County) established groundwater protection zones through a series of wellfield risk management special treatment overlay zones around public water supply (PWS) wellfields. These zones are the basis of land use management regulations as it pertains to activities that may impact ground water within a specified zone. The wellfield risk management special treatment overlay zones were derived from a three- dimensional computer model analysis of groundwater and solute transport within the County's underlying freshwater aquifer. This Voorhees & Mades (V & M) model was initially created in 1989 and updated in 2003. The County Growth Management Division, Engineering and Natural Resources Department (E&NRD) seeks to update the model. In addition to managing risks to groundwater resources associated with certain land uses, is recognition of the potential risk factors to water supplies associated with the network of surface water storage, drainage, and conveyance canals located throughout the County. E&NRD would like to re-evaluate the risk areas and update the three dimensional modeling to include a surface water vulnerability component, new wellfields, other water supplies, and other areas of concern in the modeling analysis. A MIKE SHE/MIKE11 integrated ground and surface water model was developed for use by Collier County Watershed Management Plan (WMP), Collier County Watershed Management Model, Atkins 2012. In 2014 the E&NRD retained Stantec to assist with the evaluation of the MIKE SHE/MIKE11 model as a replacement for the V & M model in updating the County's assessment of risk areas to include surface water and groundwater components. A 2014 report titled Collier County Wellhead Vulnerability Assessment was prepared detailing the steps taken to evaluate the MIKE SHE/MIKE11 model. The report concluded that the MIKE SHE/MIKE11 model is a viable tool for the surface water and groundwater vulnerability assessment. The E&NRD proposes to adapt the Collier County MIKE SHE/MIKE11 model for use in developing a surface water and groundwater vulnerability assessment for each of the potable water supply wellfields that utilize the surficial, Tamiami and Sandstone aquifers, potable surface water source(s) and other areas of concern. This project scope of work provides for: • Updating the Collier County MIKE SHE/MIKE11 WMP Model (based on the recent improvements to the Big Cypress Basin FloodWatch model and to the Lower West Coast Water Supply Plan model). A-1 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16444 • Evaluation of potential contributions to groundwater from the surface water features. • Development of local scale models for identified areas. • Delineation of protection zones for the identified water sources. • Evaluation and estimation of contribution areas and flow paths around areas of concern and identified groundwater monitoring wells. A MIKE SHE/MIKE11 model will be developed to define areas of vulnerability based on both surface water and groundwater contributions. The model will be developed using the 2014 version of the MIKE SHE software. The model will be based on the existing Collier County WMP, and it will be updated to include the most recent land use and hydrologic data improvements to the Big Cypress Basin (BCB) Floodwatch Model and the updated hydrogeological inputs to the South Florida Water Management District (SFWMD) Lower West Coast Water Supply Model (LWCWSM). The Consultant will compile data from the sources identified above as well as, information pertaining to the permitted utility infrastructure to be included in the model of each public supply wellfield/source listed below, and other sources as needed. The Consultant will meet with the utility owners and other information providers to confirm that the information to be used in the modeling effort is the best and most recent information available. Reference Table 1, Areas to be Evaluated Responsible Party/Utility Stakeholder Number 1 East Golden Gate Wellfield City of Naples 2 Coastal Ridge Wellfield City of Naples 3 Orange Tree Wellfield Orange Tree Utility 4 Ave Maria Wellfield Barron Collier Companies Water Utilities 5 Collier County Golden Gate Wellfield Collier County Water-Sewer District 6 Collier County Northeast Wellfield Collier County Water-Sewer District 7 Everglades City Wellfield City of Everglades. 8 Golden Gate City Wellfield Florida Governmental Utility Authority 9 Immokalee Wellfield Immokalee Water& Sewer District 10 Marco Lakes Water Supply Lake Marco Island Utilities 11 Port of the Islands Wellfield Port of the Islands Community Improvement District 12 Pine Ridge Industrial Park 13 Up to 5 areas identified in Task 6.0 14 Ten (10) identified monitoring wells: Well Name Latitude Longitude CCN4 26.28364 1.77129 CCN5 26.28293 81.77914 CCN6 26.27924 81.77534 CCN8 26.29266 81.77720 C C N 11 26.26758 81.78540 CCS2 26.14554 81.74750 CCS15 26.08477 81.71614 CCS17 26.07173 81.71172 CCS20 26.10321 81.74303 MW-11 26.17733 81.80264 The updated countywide model will be run to verify the calibration of the model is equal to or better than the current County WMP model. The updated MIKE SHE/MIKE11 model will be run at a grid size of 1500 feet or smaller for purposes of confirming adequate calibration and to identify locations within the model domain where surface water features may be contributing to A-2 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management �M' 16A44 groundwater supplies. Additional areas of concern will include the Marco Lakes Water Supply system and the Pine Ridge Industrial Park. This scope also covers up to five other areas and work associated with groundwater monitoring wells. During execution of this project, a total of 10 finer grid "telescoped" models will be developed for areas 1-10. These will be sized so that the Pine Ridge Industrial Park and the five (5) contamination sites to be evaluated in Task 6 are included within the domain of at least one of the telescoped models. These telescoped models will utilized a maximum grid size of 400 feet. Key hydrologic elements such as well locations and potentially contributing surface water features will be identified and added to the higher resolution models. Particle tracking methodologies will be used to delineate the area of groundwater contribution for each wellfield within the improved telescoped models for each of the protection zone travel time areas. In addition to identifying the updated protection zones per LDC 3.06.03, for areas 1-11 in Table 1, the Consultant will provide graphic output of flow patterns and intensities from the telescoped models for the Pine Ridge Industrial Park and the five contamination sites identified in item 13. Results from the coarse regional model, or the telescoped models may/will be used to provide graphic output of flow patterns and intensities for Item 14 in Table 1. The principal technical tasks necessary to meet these objectives are as follows: • Meetings and Coordination • Data Compilation • Update Existing Collier County MIKE SHE/MIKE11 WMP Model • Extract Telescoped Models • Define Protection Zones • Evaluate Known Contamination Zone Contributing Areas At the conclusion of each task a technical memorandum (TM) or appropriate deliverables will be prepared, documenting the efforts and results of each task. All electronic data associated with the modeling will be made available to the County at their request throughout the duration of the project. A final submittal of all electronic data and geospatial maps will be provided at the end of the project, in a format acceptable to the County. Upon request, all of the developed models must be available to the County for six (6) years after the conclusion of the project. Detailed Scope of Work Task 1.0 Meetings and Coordination Task 1.1 Project Meetings The Consultant will coordinate with the County and subconsultants through regularly scheduled meetings, letters, transmittals, e-mails, memoranda and other forms of formal and informal communication, as appropriate. The Consultant will attend up to six (6) project coordination/progress meetings with County staff throughout the duration of the project as follows: 1. Project Team Kick-Off and Project Implementation Meeting 2. TM 1: Data Compilation Review Meeting 3. TM 2: Update Existing County Model 4. TM 3: Extract Telescoped Scale Models and Define Groundwater Wellhead Protection Areas A-3 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management CD 161A44 5. TM 4: Evaluate Contributions from Canal Networks and definite Surface Water Protection Zones 6. TM 5: Evaluate Contamination Zones for Known Contributing Area and Existing Monitoring Well Network Task 1.2 Additional Meetings and Coordination Additional meetings will be necessary to coordinate with stakeholders such as the Collier County Water Department, SFWMD, or other permitted utility stakeholders as necessary. The Consultant will attend additional coordination meetings not delineated under Task 1.1. as necessary. Deliverables: 1. Meeting agendas and meeting notes will be prepared and provided by the Consultant for all meetings associated with the Tasks. Maps, tables, diagrams, and other illustrative materials will be prepared for the purpose of discussion and information sharing, as necessary. Task 2.0 Data Compilation Extensive data enhancements have been identified and generated stemming from the previous 1989 and 2003 efforts. Additionally there are new data sources that the County wishes to include in the modeling efforts. Data compilation will include collection and evaluation of the data as to its applicability in meeting the County's modeling objectives. The Consultant will work with County staff and others as needed, to develop a detailed list of potential data sources and targeted stakeholders. Sources for the data will include the County, SFWMD, BCB, USGS, NOAA, and FDEP. Data sources to be evaluated include the following types of information: 1. Hydrogeologic 2. Hydrometerologic 3. Well withdraw zones 4. Known contamination sites 5. Surface water features 6. Geologic and land use reports/documents 7. Population and demand growth rates from the 2012 LWC Water Supply Plan Update 8. Well construction data 9. Consumptive Use Permits for allocations greater than 100,000 gpd 10.Permitted infrastructure 11.Lower West Coast Public Supply Plan 12.Collier County water level data 13.Geomorphology related to groundwater and surface water movement 14.Surface water and groundwater monitoring data for stage, flow, and head. Deliverables: 1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts and results of Task 2.0 in Word and PDF via email. The project team will meet with County staff to present the draft memorandum and solicit input from County staff prior to preparing the final technical memorandum. A-4 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 2. One (1) electronic copy of the technical memorandum in Word and PDF via email. 3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared and provided to the County for the purpose of discussion and information sharing, as necessary. Task 3.0 Update Existing Collier County MIKE SHE/MIKE11 WMP Model Update the existing model to include features and improvements included in the BCB Floodwatch and the Lower West Coast Water Supply Plan models that are currently under development by the SFWMD. The simulation period will cover the years 2008 through 2014. This task contains the following subtasks: Task 3.1 Perform a Run-time analysis to evaluate the potential of grid cell size reduction from 1500 ft. Task 3.2 Update climate data. Task 3.3 Update land use and associated files. Task 3.4 Modify the MIKE11 network to include new structures and features included in the BCB Floodwatch model. Task 3.5 Modify the hydrogeologic data from Lower West Coast Water Supply Plan model. Task 3.6 Update soil setup as in the BCB model. Task 3.7 Verify model calibration. The Project team will perform the tasks identified within Task 3.0 and then meet with the County (Task 1.0) to discuss the efforts and results associated with the run-time analysis and the potential grid size reduction, model updates, and verification of the calibration. Deliverables: 1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts and results of Task 3.0 in Word and PDF via email. The project team will meet with County staff to present the draft memorandum and solicit input from County staff prior to preparing the final technical memorandum. 2. One (1) electronic copy of the technical memorandum in Word and PDF via email. 3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared and provided to the County for the purpose of discussion and information sharing, as necessary. 4. All model input and output files. Task 4.0 Extract Telescoped Scale Models and Define Groundwater Wellhead Protection Areas Individual, high resolution models will be developed for areas 1-10 in Table 1 and will be used to define groundwater travel times. This task includes several subtasks. Task 4.1 Run-time analysis — This task will define the appropriate model area and grid size for each telescoped model. It is assumed that each telescoped model will have a grid cell size of 400 feet or less. A-5 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 4 4 Task 4.2 Extract Local Scale Models for individual areas 1-10 as identified in Table 1. This task includes the rediscretization of model inputs at the higher resolution. Task 4.3 Add details to surface water features in the higher resolution. This would include the explicit definition of appropriate secondary or tertiary drainage features, as wells, lakes, canals, and other water storage features and controls in each model area. Task 4.4 Verify telescoped model calibration. Task 4.5 Forward and Reverse Particle tracking methods will be completed using the telescoped models for areas 1-10 as described in Table 1 to delineate groundwater contributions to each of these wellfields. Protection zones corresponding with 3.06.03 of the LDC will be developed for areas 1-10 in Table 1 using the telescoped models and the coarse model for area 11 in Table 1. Average-year conditions will be assumed for delineation of the wellfield protection zones. The wellfield protection zone for Area 11, the Port of the Islands Wellfield, defined in Table 1 will be developed using the coarse model. It is acknowledged that the 1-, 2-, and 5-year travel time zones defined for Area 11 may be affected by the grid cell size of the coarse model. Task 4.6 Prepare a water budget analysis. As part of this task, an initial assessment will be completed for areas 1-11 defined in Table 1 to evaluate the interaction between the canal network and groundwater system. This will be completed using the updated coarse scale model. Monthly average water budgets will be calculated in order to account for the seasonal variations. The results will indicate which areas may be at risk of groundwater contamination associated with predicted losses from the canal network into the groundwater. Deliverables: 1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts and results of Task 4.0 in Word and PDF via email. The project team will meet with County staff to present the draft memorandum and solicit input from County staff prior to preparing the final technical report. 2. One (1) electronic copy of the technical memorandum in PDF via email. 3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared and provided to the County for the purpose of discussion and information sharing, as necessary. Task 5.0 Evaluate Contributions from Canal Network and Define Surface Water Protection Zones Based on the results of Task 4.6, it may be necessary to complete a more detailed analysis of surface water contributions to groundwater. This task would be completed using the telescoped models for wellfields that may be affected by surface water contributions. For budgetary purposes it is assumed that no more than six (6) wellfields will require a detailed evaluation and no more than three (3) wellfields will delineation of surface water contributing areas. Task 5.1 Prepare a detailed evaluation of areas where losses occur from the canal network into groundwater by using the local scale models. This is expected to improve the accuracy of the results produced by the initial assessment using the coarse model and to provide information about new drainage features added during development of the telescoped model. This assessment may differentiate if losses from the canal network are due to the presence of A-6 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16444 4 structures (and the seepage around structures), pumping from potable water supply wellfields, or other reasons. Task 5.2 Based on the results of Tasks 4.6 and 5.1, an evaluation of the surface water contributing area for areas 1-10, 12, and 13 in Table 1 may be required. The surface water drainage basins associated with canal or stream segments that were identified as having the potential to contribute surface water to the groundwater system will be defined using GIS tools that consider the permitted drainage features and topography. Task 5.3 Prepare a memorandum identifying the available information and recommendation of source information to utilize in the development of the final report. Deliverables: 1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts and results of Task 5.0 in Word and PDF via email. The report will provide estimates of surface water contributions (if they exist) for areas 1-10, 12, and 13 in Table 1. The Consultant will meet with County staff to present the draft memorandum and solicit input from County staff prior to preparing the final technical memorandum. 2. One (1) electronic copy of the technical memorandum in Word and PDF via email. 3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared and provided to the County for the purpose of discussion and information sharing, as necessary. Task 6.0 Evaluation of Contamination Zones for Known Contributing Areas and Existing Monitoring Well Network This task will better define groundwater flow patterns around other areas of concern including the Pine Ridge Industrial Park, up to five (5) known contamination sites, and ten (10) identified monitoring wells. These areas are identified as items 12, 13, and 14 of Table 1, respectively. Generally speaking, this task can be completed using either the coarse or telescoped models. It is noted that Item 12, the Pine Ridge Industrial Park falls within the expected area of the telescoped model that will be developed for the Coastal Ridge Wellfield and that many of the contamination sites that would be considered from Item 13 also are located within the domain of one of the telescoped models. For budgetary purposes, it is assumed that no additional models will be required to complete this task. Task 6.1 Pine Ridge Industrial Park (Item 12 in Table 1) The location of the Pine Ridge Industrial Park falls within the expected area of the telescoped model that will be developed for the Coastal Ridge Wellfield. Maps that represent groundwater flowfields for the area will be prepared from the Coastal Ridge Wellfield telescoped model. Task 6.2 Five (5) Known Contamination Sites (Item 13 in Table 1) A maximum of five (5) contamination sites, similar to examples listed in Table 2 below. Table 2 - Examples of Contaminated Sites to be Evaluated No. Site Name Cleanup Score Latitude Longitude 1 Hess#09462 60 26.171228 -81.791004 A-7 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 161t44 2 Sunshine Shell 56 26.186533 -81.186533 3 US Postal Service _ 26 26.163246 -81.790271 4 7-Eleven#34148 27 26.203443 -81.799548 5 Courtesy Chevron 26 26.169293 -81.799887 If the five (5) areas identified are within the telescoped models developed during Task 4, graphic outputs of flow patterns and intensities will be extracted directly from the telescoped models. In the event, that one or more contaminated sites are located outside of the telescoped models, graphic outputs of flow patterns and intensities will be extracted from the coarse regional model. Task 6.3 Ten (10) Monitoring Well Sites (Item 14 in Table 1) In this task, graphic outputs of groundwater flow patterns and intensities will be produced for the 10 monitoring well sites identified in Item 14 of Table 1. The results will be extracted from either the coarse regional model, or the telescoped models depending upon the location of each specific well. Deliverables: 1. Geospatial maps and other illustrative materials will be prepared illustrating the graphic flow patterns and intensities for evaluated areas under this task. A-8 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management SCHEDULE B 16A44 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 All monthly status reports and invoices shall be mailed to the attention of: Board of County Commissioners, Clerk's Finance Department, ATTN: Accounts Payable, 3299 Tamiami Trail E. Suite 700, Naples, FL 34112, Or emailed to: bccapclerk @collierclerk.com 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. Tasks I LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1 Project Meetings and $21,756.00 Monthly Upon Percent Complete of Coordination Task 2 Data Compilation $16,461.50 Monthly Upon Percent Complete of Task 3 Update Existing Collier County $50,368.00 Monthly Upon Percent Complete of Model Task Extract Telescoped Models (10 Monthly Upon Percent Complete of 4 models) and Define Wellhead $102,185.00 Task Protection Areas Evaluate Contributions from Monthly Upon Percent Complete of 5 Canal Network and Define $14,922.00 Task Surface Water Contribution _ Zones - 6 Evaluation of Contamination $11,200.00 Monthly Upon Percent Complete of Zones Task TOTAL FEE (Total Items 1-6) $216,892.50 B-1 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Two Hundred Thousand Eight Hundred Ninety Two Dollars and Fifty Cents ($216,892.50) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B-2 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 0\13 16444 B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.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 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 Attachment 1 SCHEDULE B CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Senior Scientist Project Manager $ 118.00 Senior Engineer $ 157.00 Principal Geologist $ 172.00 Senior Hydro Geologist $ 138.00 Hydro Geologist $ 110.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Engineer $ 94.00 Subconsultants Lump Sum Not-to-Exceed Water Science Associates $34,712.00 Stantec $9,009.50 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and the firm as needed for the Project. END OF SCHEDULE B. B-4 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days For Completion Task Description from Date of Notice to Proceed for Services under this Agreement 1 Project Meetings and Coordination 350 2 Data Compilation 42 3 Update Existing Collier County Model 140 4 Extract Telescoped Models (10 models) 294 and Define Wellhead Protection Areas 5 Evaluate Contributions from Canal Network and Define Surface Water 301 Contribution Zones 6 Evaluation of Contamination Zones 350 C-2 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management ‘`,.) i6A44 Acc® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 05/08/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT NAME: Hiscox Inc. IA/C.Nr o.Exti: (888)202-3007 FAX No): 520 Madison Avenue ADDRESS: contact @hiscox.com 32nd Floor INSURER(S)AFFORDING COVERAGE NAIC# New York,NY 10022 INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: Lago Consulting&Services LLC INSURER C: 4237 Henderson Blvd INSURER D: Ste 201 INSURER E: Tampa FL 33629 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR !NMI WVD POLICY NUMBER (MMIDDYYY) IMM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) _ $ 5,000 A Y UDC-1412627-CGL-15 01/09/2015 01/09/2016 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ S/T Gen.Agg. OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS DAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability Each Claim: $1,000,000 A UDC-1412627-E0-15 01/09/2015 01/09/2016 Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County is listed as additional insured. Hiscox will provide 30 days notice of cancellation for the reasons as prescribed under Florida Changes- Cancellation and Nonrenewal Endorsement CG 02 20 12 07. For:all work performed on behalf of Collier County. 15,1�L CERTIFICATE HOLDER CANCELLATION Collier County 3299 Tamiami Trail E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Naples,FL 34112 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &Qs ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 16A44 4 LAGOCON-01 ACRUZ A.CoR>D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/°D/YYYY) 8/4/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT NAME: AP Intego Insurance Group,LLC PHONE 800 - FAX 144 North Road (A/c,No.Ext): )2744532 (ac,No): Suite 2050 ADDRESS info@apintego.com Sudbury,MA 01776 INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:The Hartfordtm 10456 INSURED INSURER B: LAGO CONSULTING&SERVICES LLC INSURER C: 4237 Henderson Blvd#201 INSURER D: Tampa,FL 33629 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILLIR TYPE OF INSURANCE NSR INSO ) POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/YYYlt1 (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO RENTED $ CLAIMS-MADE OCCUR PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS AUTOS (Per accident) DAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE 76WEGGG5028 07/15/2015 07/15/2016 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes, be under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) coverage afforded under the policy will not be canceled or allowed to expire until at least thirty(30)days prior written notice has been provided(30 days notice of cancellation) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3299 Tamiami Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE W - 4. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD . 6A44 • A E D CERTIFICATE OF LIABILITY INSURANCE DAosi1,11VD°5'" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the tenors 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). PROOUCER ANAN 6tACTJosSie Carlos Luis Insurance Agency jj x,305-663-2300 FAx x,305-663-1921 StateFarm 6001 Bird Rd — Miami Fl 33155 — INSURERS)AFFORDING COVERAGE NA1C E INSURERA:State Farm Mutual Automobile Insurance Company 26178 INSURED Marcelo Lago&Maria Bravo INSURER B: - - -- - - --- --... — PO BOB 10481 INSURER c: Tampa Fl 33679-0481 INSURER D — INSURER C: ...... _._ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR _ TYPE OF INSURANCE MID vivo POLICY NUMBER 11r 1WN DI rO Ulan .._. _...,_ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE ( OCCUR • 6AMAGE TO RENTED— PREMISES(Ea occurrence) S - MED EXP(Any one person) .S PERSONAL&ADV INJURY S GENT.AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE f -- POLICY 1 TS L. Loc PRODUCTS-COMP/OP AGG S OTHER: .S AUTOMOBILE UABIUTY 962-5536-C22-59F 03122/2015 09/2212015 :COMBINED(Ee eacldenU SINGLE UNIT `S 'ANY AUTO BODILY INJURY(Per person) S' _...._1,000,000 —AUTOS ED I!`X'AuTos EO BODILY INJURY(Peraccideux) S 1.000,000 X HIRED AUTOS I X AUTOS ED GE S 1,000,000 J ,f UAB OCCUR EACH OCCURRENCE s EXCESSuAS CLAIMS -MADE' AGGREGATE S DEC) I I RETENTIONS — � S WORKERS COMPENSATION i PER AND EMPLOYERS'uABLLITY Y/N $TAME � I ERH� ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? l N1 A E.L.EACH ACCIDENT S (Mandetovy In NH) ' E.L.DISEASE-EA EMPLOYEE S Eyes.describe under --_ _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1 I j DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remota admix*may be ebbed I mere ewe Is,eq,Ared) 2011 Honda Accord VIN#1 HGCP2F66BA145204 Comprehensive deductible:5500.00,Collision deductible:$500.00 CERTIFICATE HOLDER CANCELLATION Collier County SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE 3299 Tamiami Trail E THE TION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples Fl 34112 A NCE WITH THE POLICY PR r ONS. I � i lieu,a4) ' '1 aA if) ©1988-2014 • :ORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo a regsered marks of ACO' 1001486 132849.9 02-04-2014 SCHEDULED 16A44 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 D-1 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management ,)\NI) �. 6 A 4 4 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. D-2 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management \lam' 16A44 (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: X $500,000 Each Accident $500,000 Disease Aggregate $500,000 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. D-3 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 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: X Single Limit per Occurance $1,000,000 Products/Completed Operations Aggregate $2,000,000 Aggregate $2,000,000 (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 D-4 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? 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 - $1,000,000 UMBRELLA LIABILITY D-5 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 1 6 A44 (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: X $1,000,000 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 D-6 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management J 16A44 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 CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for D-7 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 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. D-8 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management (1) 16A44 END OF SCHEDULE D D-9 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management �1 SCHEDULE E 1 6 A 4 4 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Lago Consulting & Services LLC hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Modeling Services for Surface Water and Groundwater Management are accurate, complete and current as of the time of contracting. Lago Consulting & Services LLC se'? BY: I" gvict C. bligvo TITLE: Vrtcided DATE: cj% t3- 2Q 1.5 E-1 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management 16A44 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Lago Consulting and Services: Personnel Title Peter deGolian Project Manager Marcelo Lago, PhD Principal Modeler Ananta Nath, P.E. D.WRE. Principal Engineer Maria Bravo, PhD, EIT Modeler/Engineer Water Science Associates: Personnel Title Kirk Martin, P.G. Principal Geologist Brian Barnes Principal Geologist Michael Taylor, P.G. Senior Geologist Michael Barnes Geologist Stantec: Personnel Title Tim Hancock, AICP Principal Planner Kelly Blake, P.E. Senior Project Manager Engineer Intern F-1 Contract#15-6452"Modeling Services for Surface Water and Groundwater Management i6A44 BestLinda From: BestLinda Sent: Wednesday, September 09, 2015 11:38 AM To: DeLeonDiana; DeLaRosaLissett; MullinsKathleen Cc: GonzalezGreily; ColliMarian Subject: 15-6452 Lago Consulting Good morning, Please make a note in SIRE that the Auto Insurance for the above referenced vendor, Modeling Services for Surface Water and Groundwater Management, will expire on September 22, 2015. Please request a revised Auto Insurance certificate at this time. Regards, LCgvLc'v Set Linda Best, MBA Manager, Risk Finance Risk Management Division Administrative Services Department 239-252-8839 1 Detail by Entity Name 1 6 A 4 4 ,'I�l_;i�tl�OI1 �.!5i �._o O9 _1 tit �'.�kli°t�,it� _I_,�1= JLago Consulting&Services LLC Home Contact Us E-Filing Services Document Searches Forms �N Search No Name History Detail by Entity Name Florida Limited Liability Company LAGO CONSULTING& SERVICES LLC Filing Information Document NumberL13000006135 FEI/EIN Number46-1766533 Date FiledOl/11/2013 StateFL StatusACTIVE Last EventLC AMENDMENT Event Date Filed10/29/2014 Event Effective DateNONE Principal Address 4237 HENDERSON BLVD. TAMPA, FL 33629 Changed: 04/17/2014 Mailing Address P. O. BOX 10481 TAMPA, FL 33679 Changed: 06/04/2013 Registered Agent Name &Address BRAVO, MARIA C 4237 HENDERSON BLVD. 201 TAMPA, FL 33629 Name Changed: 04/17/2014 Address Changed: 01/09/2015 Authorized Person(s) Detail Name& Address Title MGRM LAGO, MARCELO E P.O. Box 10481 TAMPA, FL 33679 Title MGRM BRAVO, MARIA C P.O. Box 10481 TAMPA, FL 33679 Title MGR NATH, ANANTA 3731 CATBRIER CT. BONITA SPRINGS, FL 34134 http://search.sunbiz.org/...Consulting%20%26%20Services%20LLC&listNameOrder—LAGOCONSULTINGSERVICES%20L130000061350[7/20/2015 1:09:13 PM] Detail by Entity Name Annual Reports 1 6 A 4 4 Report Year Filed Date 4 4 2014 01/02/2014 2015 01/09/2015 Document Images 01 Oti'_- 01>__ NNt \i__.RI I'cil i iniwiLein I'I)1_ ft_�Imai )t1 2014 --- 1 C Amendment 1 is \ i1».Ig■_ i1 1)1)I lorm,t11 ti 1 _- }� t_ I\ ..\gem Change 1 1l'1∎ II11 ..;e in 1'L)F It Iil i (); 11_''-'11' I ._ANN( 11,_.IZI I'OR II \ ic\% iiilt!,Le i 1'1)1- Co mdi (ii .__ (112)_--- I ( \r1i ic (,f ict\ iI1 ,1 in 1'1)1_ Fornhil. 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