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Agenda 04/12/2016 Item #16A16 4/12/2016 16.A.16. EXECUTIVE SUMMARY Recommendation to approve a change order for the "One Hundred(100)Year Flood Elevations for Five (5) Basins in Collier County" project in the amount of$50,000 for the ongoing update of the Federal Emergency Management Agency(FEMA)Digital Flood Insurance Rate Map(DFIRM) and extend the time of completion by an additional 365 days. [Project No.50100] OBJECTIVE: To continue to respond to FEMA for the purpose of completing the update to the DFIRM basins. CONSIDERATIONS: The "One Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County" project began in 2004 as a multi-year project with FEMA and has not yet been completed. The initial executive summary was approved by the Board on March 9, 2004 (Agenda Item 9D) where the Board declared an emergency and approved a contract with Tomasello Consulting Engineers to perform a study of the flood insurance rates maps. A contract was executed by the Board on March 23, 2004. On May 10, 2011, (Agenda Item 16A10) the Board of County Commissioners (Board) declared a valid public emergency and directed the County Manager to proceed with a re- evaluation of the FEMA-designated floodplain using the 2010 LiDAR and to amend the contract with Tomasello Consulting Engineers, Inc., to proceed with completing the multi-year and multi-phase DFIRM update with FEMA. The Board has approved a number of change orders extending time and dollars to the original contract with Tomasello Consulting Engineers; the current contract is valid through February 26, 2017. The County has submitted two Physical Map Revision to the DFIRM to FEMA in an effort to update the DFIRM basins with the County's most recent digital topographic information (a.k.a. LiDAR which is an acronym for Light Detection and Ranging). In January 2016, FEMA provided the County with a request for additional information on the County's PMR #1 submittal. The request for additional information contains over 60 pages of comments and questions, many of which are minor details within the computer modeling. Collier County needs the technical assistance of Tomasello Consulting Engineers, Inc., who prepared PMR #1 and PMR #2, to provide responses to these comments. The request for the additional funding and the time extension is due to the scope and extent of the request for additional information for PMR#1 exceeding the anticipated scope under our current contract. To date, the County has paid $890,459.94 to Tomasello Consulting Engineers to generate the DFIRM, which was adopted in 2012, and prepare the updates. The requested funding will cover the additional expenses for Tomasello Consulting Engineers, Inc., and includes revisiting the computer models and mapping outputs [built by Tomasello Consulting Engineers, Inc.] and responding to FEMA's inquires. To respond to FEMA's inquires, a change order amount of $50,000 is requested. Staff believes that it is in the best interest of the County to continue with the current contract for Packet Page -558- 4/12/2016 16.A.16. this on-going, multi-year, and multi- phase project, and to continue under the auspices of Tomasello Consulting Engineers, Inc. through the duration of the contract extension of December 31, 2017. Staff requests the Board authorizes this change order to Tomasello Consulting Engineers. Please see the Attachment, a "Complete History and Status Update on Physical Map Revision Applications"for additional details. FISCAL IMPACT: Funding in the amount of $50,000 is available in Fund 111, Cost Center 138110. PMR#2 is still awaiting FEMA Region IV's detailed review before PMR#1 and#2 can be merged into the publication of a new Preliminary DFIRM. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved for form and legality, and requires a majority vote for Board approval. -JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To approve change order#13 for the "One Hundred(100)Year Flood Elevations for Five (5) Basins in Collier County" project in the amount of $50,000 for the ongoing update of the FEMA DFIRM and extend the time of completion by an additional 365 days to Tomasello Consulting Engineers, Inc. [Project No. 50100] Prepared by: Caroline Cilek, M.S.,AICP, CFM, Land Development Code Manager, Land Development Code &Floodplain Management Sections, Development Review Division, Growth Management Department Robert Wiley, Principal Project Manager, Stormwater Management Section, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department Attachments: 1. History and Status Update on PMRs 3-11-16 2. Contract 11-5626 3. Change Order Packet Page -559- 4/12/2016 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to approve a change order for the "One Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County" project in the amount of$50,000 for the ongoing update of the Federal Emergency Management Agency(FEMA) Digital Flood Insurance Rate Map (DFIRM) and extend the time of completion by an additional 365 days. [Project No. 50100] Meeting Date: 4/12/2016 Prepared By Name: CilekCaroline Title: Manager-LDC,Development Review 3/14/2016 10:26:58 AM Submitted by Title: Manager-LDC,Development Review Name: CilekCaroline 3/14/2016 10:26:59 AM Approved By Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 3/21/2016 11:56:08 AM Name: NorthrupAdam Title: Procurement Specialist,Procurement Services Date: 3/21/2016 1:5 3:43 PM Name: FrenchJames Title: Deputy Department Head-GMD, Growth Management Department Date: 3/21/2016 5:20:30 PM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Packet Page -560- 4/12/2016 16.A.16. Date: 3/21/2016 6:48:07 PM Name: AshtonHeidi Title: Managing Assistant County Attorney,CAO Land Use/Transportation Date: 3/23/2016 8:45:55 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 3/23/2016 2:04:26 PM Name:IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 3/24/2016 10:00:44 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/30/2016 11:36:01 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/2/2016 1:42:16 PM Packet Page -561- 4/12/2016 16.A.16. Attachment—Complete History and Status Update on Physical Map Revision Applications History In 2004, the County undertook the responsibility to prepare information for an update to FEMA's Flood Insurance Rate Map (FIRM). The project was a jointly funded effort by the County and City of Naples, and included the development of a Cooperating Technical Partners (CTP)partnership agreement between FEMA, Collier County, City of Naples and the South Florida Water Management District(SFWMD).The original effort was based upon the currently available LiDAR received by the County in 2003. The Board authorized this action as an emergency authorization to contract with a private sector firm due to a mandated 8 month time frame established by FEMA(March 9,2004,Agenda Item 9.D). It took six (6) years of effort by staff, the County's consultant, Tomasello Consulting Engineers, Inc. (TCE), SFWMD, FEMA, and FEMA's contractor, Michael Baker Jr., Inc. (Baker) to complete the computerized modeling and mapping of the floodplain to the satisfaction of all the parties involved. By 2010 FEMA had transitioned their floodplain mapping requirements into electronic digital products (hence the DFIRM), and the County had purchased new LiDAR that was also received in 2010. Staff reviewed the 2010 LiDAR and found that it provided better ground elevation information than the 2003 LiDAR and requested that FEMA allow it to be incorporated into the floodplain mapping that was now being prepared as a Preliminary DFIRM for public review and comment. FEMA denied staffs request, so with the Board's approval, staff and TCE prepared an appeal of the Preliminary DFIRM for two of the drainage basins. The County's appeal was readily accepted by FEMA for inclusion in the final DFIRM which became the currently effective floodplain map. The appeal removed thousands of structures from the regulated floodplain, but created a map where the flood elevations in the two appealed basins did not necessarily match with the adjacent surrounding drainage basins. Upon request from the County, FEMA agreed to publish the DFIRM without requiring the County's consultant to blend the flood elevations in adjacent basins. In addition, the County committed to follow up with map revisions to update the other drainage basins with the 2010 LiDAR information. At the May 10, 2011 Board meeting (Agenda Item 16.A.10), the Board agreed to declare a valid public emergency and direct the County Manager to proceed with a re-evaluation of the FEMA-designated floodplain using the 2010 LiDAR. This included having the existing contract with TCE amended and supported continuity for the project to be completed by the consultant. The work load was divided into two planned submittal packages which ultimately became Physical Map Revision(PMR) applications #1 and#2, each with their own separate case number issued by FEMA. Due to size of the DFIRM, level of detail required in the computer modeling, and number of parties involved, this project will be a multi- year,multi-phase project. Status of PMR#1 PMR#1 was submitted to the LOMC Clearinghouse on June 7, 2013. It was processed through the initial review and then forwarded on to FEMA Region IV on January 14, 2014 for further detailed review and processing. FEMA Region IV had already informed the County that they did not have the funding required to review and process such a large PMR and that they would hold the application until Congress appropriated the funding. PMR #1 remained with FEMA Region IV until they received congressional funding and started work on it in May 2015. During this time period, FEMA hired a new contractor to prepare and/or review floodplain mapping changes. FEMA's contract with Baker,the prior contractor, expired and a new contractor, AECOM, was selected through FEMA's Request for Proposals process. This meant that a new reviewer would be looking at the County's PMR applications. Packet Page -562- 4/12/2016 16.A.16. FEMA and AECOM communicated back and forth on the questions about the County's PMR #1 submittal, and recently agreed on the list of items to include in their request for additional information back to the County. Their request contained 33 pages of comments and questions along with 28 pages of screen shots. Many of their concerns involve minute details within the computer modeling, somewhat similar to the issues raised by Baker during the six years of effort to prepare the original DFIRM. Status of PMR#2 The County submitted PM#2 to FEMA last summer. FEMA has since received PMR#2 from the LOMC Clearinghouse and FEMA staff have identified there is no funding available for the review during the 2016 fiscal year.As such,there is no timeline identified for the review at this time. Packet Page -563- 4/12/2016 16.A.16. AGREEMENT A THIS AGREEMENT, made and entered into on this 3-'day of 'tc2004, by and between Tomasello Consulting Engineers,whose address is 5906 Center Street,Jupiter, Florida, 33458, hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida,Collier County,Naples,hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon issuance of a Purchase Order. This contract will be in effect until November 30, 2004 unless the County, at its discretion and with the consent of the Consultant, extends the Agreement under all of the terms and conditions contained in this Agreement for an additional period of time. 2. STATEMENT OF WORK. The Consultant shall provide a determination of one hundred (100) year flood elevations for five (5) basins in Collier County as set forth in the Consultant's proposal, Exhibit "A", and Exhibit "B", attached hereto and incorporated herein by reference, as well as additional services as required as mutually agreed upon in writing by the County and the Consultant. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement an estimated maximum amount of two hundred fifteen thousand dollars ($215,000), subject to Change Orders as approved in advance by the County. The County shall pay the Consultant for the performance of this Agreement upon completion of the tasks as accepted and approved by the project manager or his designee. Payments shall be made to the Consultant when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Richard S. Tomasello Tomasello Consulting Engineers 5906 Center Street Jupiter,Florida 33458 Fax: 561-744-1865 Packet Page -564- 4/12/2016 16.A.16. All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department-General Services Building 3301 Tamiami Trail,East Naples,Florida 34112 Attn: Steve Carnell Fax: 239-732-0844 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Packet Page -565- 4/12/2016 16.A.16. 8. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color, creed or national origin. 10. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all subconsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Packet Page -566- 4/12/2016 16.A.16. 08-08-2002 STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF WORKERS' COMPENSATION CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law . EFFECTIVE 07/14/2002 EXPIRATION DATE N/A PERSON TOMASELLO RICHARD SSN 261-94-9619 FEIN 650125015 BUSINESS TOMASELLO CONSULTING ENGINEERS INC 5906 CENTER STREET JUPITER FL 33458 NOTE: Pursuant to Chapter 440 . 1 0(1),(g);2 ,F .S. , a sole proprietor, partner, or an officer of a corporation who elects exemption from the Florida Workers' Compensation Law may not recover benefits or compensation under Chapter 440 . Packet Page -567- 4/12/2016 16.A.16...._ CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO "VENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN.THIS CERTIFICATE OF INSURANCE DES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington,Illinois,or ❑STATE FARM FIRE AND CASUALTY COMPANY of Bloomington,Illinois has coverage in force for the following Named Insured as shown below: Named Insured Tomaselio Consulting Engineers, Inc. Address of Named Insured 5906 Center Street Jupiter, FL 33458 POLICY NUMBER 463 B867 010 59S EFFECTIVE DATE OF 10110103-04 POLICY 1999 DODGE RAM 1500 DESCRIPTION OF 1B7HC18X9XS191064 VEHICLE LIABILITY COVERAGE YES ONO OYES —ONO OYES ONO OYES _ONO LIMITS OF LIABILITY a.Bodily Injury $1,000,000.00 Each Person a.Bodily Injury $1,000,000.00 Each Accident _ b.Property Damage $1,000,000.00 c,Bodily Injury& Property Damage Single Limit Each _ Accident vSICAL DAMAGE YES -ONO OYES ONO -OYES ONO OYES ❑NO JERAGES $500.00 Deductible Deductible Deductible Deductible a.Comprehensive 2YES ONO OYES ONO OYES ONO OYES ONO b.Collision $500.00 Deductible Deductible Deductible Deductible EMPLOYER'S NON-OWNERSHIP OYES NO ❑YEs NO DYES ONO OYES ONO COVERAGE HIRED CAR COV E - DYES ONO OYES ONO OYES ONO OYES ONO j"/". 6 L I AGENT 6447 03/26/04 mature of Authorized Representative Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent Collier County Government Center Purchasing Dept, Puchasing Bldg Robert J Kotecki Attn: Kelsey Ward 365 Cypress Drive 3301 Tamlami Trail East Tequesta, Fl 33469 Naples, FL 34112 Check if a permanent Certificate of Insurance for liability coverage Is heeded: ❑ Check if the Certificate Holder should be added as an Additional Insured: -narks: 158.4430.2 Rev.9-94 Printed in U.S.A. Packet Page -568- ate: 4/1/2004 Time: 11:09 AM To: R 12397320844 4/12/2016 16.A.16. Client#:5305 TOMCOC T ACG'RD,rr CERTIFICATE OF LIABILITY INSURANCE 004/01/200 rn PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown&Brown,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1401 Forum Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600 West Palm Beach,FL 33401 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Continental Casualty Tomaselio Consulting Engineers,Inc. INSURER B: 5906 Center St INSURER C: Jupiter,FL 33458 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR 4DD'L - POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRE TYPE OF INSURANCE POUCY NUMBER DATE IMM/DDIYYI DATE(MMIDD/YYI GENERAL UABIUTY EACH OCCURRENCE S COMMERCIAL GENERAL LIABIUTY PPRRFMMISFS(Fe RENTED S ICLAIMS MADE El OCCUR MED EXP(Any one person) $ _PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENII_AGGREGATE OMIT APPLIES PER PRODUCTS-COMP/OP AGG S 7 POLICY n JEGT n LOC - AUTOMOBILE UABIUTY COMBINED SINGLE OMIT ANY AUTO $ (Ea accident) — —ALL OWNED AUTOS BODILY INJURY $ — SCHEDULED AUTOS (Per person) — HIRED AUTOS BODILY INJURY $ °I " NON-OWNED AUTOS per accident) _ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILI Y EACH OCCURRENCE OCCUR []CLAIMS MADE AGGREGATE $ _ S H DEDUCTIBLE S _ RETENTION $ (( $ WORKERS COMPENSATION AND 1 TORY I IMT I TR I IDFR EMPLOYERS'LIABIUTY E.L.EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL.DISEASE-EA EMPLOYEE S If yes,describe under SPECIAL PROVISIONS below _ E.L.DISEASE-POUCY OMIT $ A OTHER Professional SFA113841596 02/21/04 02/21/07 $2,000,000 Per Occ Liability $2,000,000 Aggregate $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Collier County is named as an additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Governement DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Center NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 3301 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Naples,FL 34112 ES. Packet Page-569-PRESENTATIVE tv9 " Apr-27-04 15:54 From-Collier County Purchasing 941 732 0844 T-813 P_001/001 F-345 .— 4/12/2016 16.A.16. ACORD CERTIFICATE OF LIABILITY INSURANCE D4IUT,2004" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RIEDEL,STUD,IONG&RSCHER HOLD . THIS CERTIFICATE ER��AFFORDED BOOTTAE POI, EC BEi OW._ 3570 CONSUMER STREET SUITE 1 INSURERS AFFORDING COVERAGE WEST PALM BEACH FL 33404 rtastJ AO Tomasello Consulting Engineers Inc. TNsuRER N Scottsdale las.Co. 5906 Canter St. -.11S>Rea 9: . R C —. Jupiter,FL 33499 I. -HID _ --. INSURER E' COVERAGES THE POLIC IDS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1NSIJR_D NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ON UTAY PERTAIIN,THE INSURANCE AFFORDED BYTHE POUCI CONTRACT DESCRIBED HER IE DOCUMENT WITH TO ALL THE TERMS.S.EXCLU SAND CONDITIONS OF SUCH ROUGES.AGGREGATE Le!11TS SMOINTJ MAY HAVE BEEN REDUCED BY PAID CLAIMS. PoucYExPlwrnoet PM POLIL'Y NtrYIBER ra.L� I LNATS von or eisurnWCE Its[ ArFIOCWgRBN 4'F' , 1,000,000 LY1911TY A X cOA.IERSAL.EYERALLiotuTY CLS0006730 03-17444 03-17.05 FIRE DAWAGETA+7oNPWI 3100,000 b£D EAP(MN orIP;Amon} sexCluded _�CLWMS WOE IX,.CCUR - PEiiGONat C kW tNJla't �SS-B00,iIQQ • 1 r-nFS L u;C r TE 1000000 I( raoouCTs-COviROPAo(t r1,000,000 GEt•IL A9GREGATE UNIT APNt.IES PER', f 1 11 ' POC:CY��fIF S I _OC: _ {I RUV cOM3N FA ANNE u!AT f s I MODILE d5AIUTY ANY 11O mo:aQ NY u:c I ALL OW.,ED AUTOS EICCILv IN.AFY T ((Trot/onion)AUTOS r1IREO Ail fOS BODILY INJURY S Per acoeerq NOtiCN1'EO t3TOS . PFCP$RTY DWM4E Y (POr OcaoaYI I ' AUTO O(•r`Y-EAACCICENT I GARAGE LKB0.TTY '"'T GTIIEST .EA ACT IS S ._ • ar.A'.1U1U A:T7 C'rLT .LG3 g . �I , } i FPCn PCOJ REW.-E F EXCESS LBIBIUTT 1 AGGFt5 �F. 3 .-- GCr;R El u1+rMS MACE I --, I 1.o2Eoucnag . F?NfON I s C A Y WORKETM COmPENSATIDH Mb EMPLOYERS'LtABLITY E L.EgCd_ACOMIT .E _, E ZHE.SE-aetiElCYc'E S ' EL.OISEPSE-POLICYLIMIT 8 OR-ER DESCP}PTION OF OPERATIDNS&OCATIONS(Y5N�siscut:!ON5 AIDED BY ENDORSEMENT/SPECIAL PROYISx1NS ' -. ---� FatiF239(132-0844 • I CERTIFICATE HOLDER 1 I ADOmOuL r+SUR®:N^URtT�LE7TER CANCELLATION . SHOULD ANY OF T+E A� DESCRIBED POLICIES DA CANCELLED DEPoIL THE ExPrRATON Collier County Goverment Center do Kelsey Ward DATE THEREOF THB IssJMG INSURER WILL FNOEAVOR TO MNL 10 DVS WRITTEN 3301 Tamiarni Trail East Hoofs TO THE CERTEICATE HOLIER}NAMED TO THE LEFT,BUT FAILURE TD DO SO 3NALL Budding-F'+ IM'OSE NO OBLICATTOP OR LIADILAY OF ANY Ru4b UPON THE S+SURER,ITS AGENTS OR Naples,FL 34112 REPRESENTATIVES. AUTHOR/2ED REPR23ENTATIM1E. ' L ■> Packet Page -570- Lte: 4/1/2004 Time: 11:09 AM To: @ 12397320844 4/12/2016 16.A.16. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Packet Page-571- 4/12/2016 16.A.16. 11. INDEMNIFICATION. The Consultant/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant/Vendor, any SubConsultant, or anyone directly or indirectly employed by any of them. The Consultant/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Consultant/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Operations Department. 13. CONFLICT OF INTEREST: 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 perfonn those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal Exhibit "A", Exhibit "B", and Insurance Certificate. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first abque, etei: BOARD OF COUNTY COMMISSIONERS AT SST; COLLIER COUNTY,FLORIDA Dwight E.'1141i,Clerk of Courts. . .. 0.C= By. 077 Daied.; . ,Lk"- -04 V Commiss oner Donna Fiala, Chairman Attest as to Chairman's signature only. Packet Page -572- 4/12/2016 16.A.16. (SEAL) Tomasello Consulting Engineers, Inc. ►� By First Witness Signature G RA,ciT P, VJ I L.0 r- TType/print witness nameI Richard S. Tomasello, P.E. � ,- President recond Witness Typed signature and title vsT-tt+ - S`2yMcz/4K, ype/print witness namel CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Robert N. Zachary Y /°' Assistant County Attorney Packet Page -573- 4/12/2016 16.A.16. tCde Tomasello Consulting Engineers, Inc. 5906 Center Street,Jupiter,Florida 33458 Phone 561-575-3910 Fax 561-744-1865 dixietom @aol.com March 12,2004 Exhibit A Scope of Work for Determination of 100-year floodplain boundaries and flood elevations for five basins in Collier County, Florida. TCE will perform a hydrologic/hydraulic model study for the following basins. These Basins are described as follows: A. Cocohatchee River- including CREW area, N.Airport Road, Pineridge Canal, Palm River B. Golden Gate Main Canal, downstream of 951 Canal - including I-75-1 and 2, I-75 Canal, Harvey Canal, Green Canal, Golden Gate City drainage facilities, S. Airport Road, Golden Gate Main Canal Basin south of GGM Canal(north of Radio Road to SR 951)and Gordon River Extension. C. District 6—including Rock Creek,Haldeman Creek,Lely Canal D. Henderson Creek/Belle Meade E. Southern Coastal Basin Each of the above basins will be setup with a grid network with soils, topography (LIDAR), channel alignments, cross sections, culverts, control structures, and SFWMD WMS Permit information. The S2DMM model will be applied in each basin. Other models, such as HECRAS may also be applied to supplement S2DMM evaluations as necessary. The models will provide sufficient detail to evaluate local flooding in SFWMD permitted as well as unpermitted projects and undeveloped lands. SFWMD study and permit information will be utilized as much as possible. Hydrologic data from SFWMD and County sources will be used to calibrate the models to the extent possible. Packet Page -574- 4/12/2016 16.A.16. Concurrent tidal flood conditions will be used at the basin outfalls at elevations agreed upon by FEMA as representative. The rainfall flood elevations will be defined based on 100-year design rainfall conditions. These 100-year rainfall flood elevations will be considered in addition to the 100-year coastal flood elevations (where applicable)for the mapping of overall 100-year flood elevations. TCE will provide draft maps and coordinate with Collier County and FEMA in sufficient detail to allow the final maps to be produced by the County and FEMA. Work on the five study basins will proceed simultaneously with milestones based on the model setup status as follows: Model Setup Status Setup 1: Grid networks will be setup with topography, soils, impervious/pervious (based on GIS land use information and/or direct aerial photo interpretation). Primary canals and waterways (cross sections as available) will be included along with associated water control structures. Hydrologic data pertinent to model calibration will be compiled. Basic hydrogeologic inputs will also be included (based on SFWMD MODFLOW studies)for better establishment of antecedent conditions. A summarizing status report and the operational models of Setup 1 will be delivered to FEMA for review. Setup 2: Secondary canals,major ditches, (with cross sections as available)and associated structures will be added to the model setup. These data will be based largely on the Collier County Drainage Atlas and any supporting data available. Barriers, including roads, levees, and berms, will be added. Permitted water management systems (structures and lake details) will be compiled from SFWMD staff reports and added to the setup. TCE will continue to gather hydrologic data including highwater marks and flooding reports. A summarizing status report and the operational models of Setup 2 will be delivered to FEMA for review. Setup 3: Details of tertiary drainage systems including pipes, swales, inlets, to the extent possible will be added (with emphasis on known flood prone areas). Antecedent and boundary conditions will be defined for the design storm simulations (based on discussions with and concurrence from FEMA). Calibration simulations based on compiled hydrologic data and the present model setup will be accomplished. Comparisons of the modeled and observed conditions will be reported and recommended modifications to the model presented in a status report. The status report will summarize the Setup 3 operational models delivered to FEMA for review. Setup 4: Model initial and boundary conditions set up and 100-year rainfall applied to the model. The resulting flood elevations will be mapped along with(where applicable)the 100-year coastal flooding elevations. A draft mapping of the 100-year floodplain boundaries will be accomplished. The Setup 4 model setup will be submitted to FEMA along with the map displaying both riverine and coastal flood elevations and the map displaying draft 100-year floodplain boundaries. After FEMA review of the draft maps TCE will assist the County in preparing the maps in the format that FEMA requires. SCHEDULE TCE will deliver the model setups and associated materials according to the following schedule, assuming we receive notice-to-proceed and the necessary topo data by Monday,March 8th 2004: BASIN B,C BASIN A,D,E Packet Page -575- 4/12/2016 16.A.16. SETUP DELIVERY DATE DELIVERY DATE 1 4/30/04 5/30/04 2 6/19/04 7/19/04 3 8/08/04 8/28/04 4 9/27/04 10/07/04 Final Report&Maps 11/16/04 11/16/04 TCE will submit weekly status e-mails to the County and FEMA describing the progress toward completion of each model setup and other deliverables. Delivery of final flood maps will be 30 days after final approval of the draft maps. COST The cost of the study for each basin is as follows: Basin: A B C D E Setup 1: $11,250.00 $11,250.00 $10,000.00 $10,000.00 $7,500.00 Setup 2: $11,250.00 $11,250.00 $10,000.00 $10,000.00 $7,500.00 Setup 3: $7,500.00 $7,500.00 $6,666.00 $6,666.00 $5,000.00 Setup 4: $7,500.00 $7,500.00 $6,667.00 $6,667.00 $5,000.00 Final Report&Maps $7,500.00 $7,500.00 $6,667.00 $6,667.00 $5,000.00 Total $45,000.00 $45,000.00 $40,000.00 $40,000.00 $30,000.00 Delivery Date 4/30/04 Setup $11,250.00 $10,000.00 $21,250.00 1 (B) (C) 5/30/04 Setup $11,250.00 $10,000.00 $7,500.00(E) $28,750.00 1 (A) (D) 6/19/04 Setup $11,250.00 $10,000.00 $21,250.00 2 (B) (C) 7/19/04 Setup $11,250.00 $10,000.00 $7,500.00(E) $28,750.00 2 (A) (D) 8/08/04 Setup $7,500.00 $6,666.00 $14,166.00 3 (B) (C) 8/28/04 Setup $7,500.00 $6,666.00 $5,000.00(E) $19,166.00 3 (A) (D) 9/27/04 Setup $7,500.00 $6,667.00 $14.167.00 4 (B) (C) 10/07/04 Setup $7,500.00 $6,667.00 $5,000.00(E) $19,167.00 4 (A) (D) 11/16/04 Final $7,500.00 $7,500.00 $6,667.00(C) $6,667.00 $5,000.00 $33,334.00 Rpt (A) (B) (D) (E) $200,000.00 Billing Schedule—billing will accomplished at the end of each month. Packet Page -576- 4/12/2016 16.A.16. cci a2 d a ID .� CD � r _0 CO ) I— j ' f r J , >, \ r/ 1 '• / UJ / �� i ..■-ka / ;Nirz,- O r' / _-__,- ._ i &r/, 2 , --(- __ _ /---" 1 ' 1-' -71 i tw).1----/ "...,lir ___,„,-- Packet Page -577- 4/12/2016 16.A.16. Procurement Services Co 7f±1' �auily Change Order Form Contract Modification 0 Work Order Modification ®Amendment Contract#: 11-5626 Change#: 13 Purchase Order#: 4500102358 Project#: 50100 Contractor/Firm Name: Tomasello Consulting Engineers, Inc. Contract/Project: One Hundred(100)YearFlood Elevations for Five(5)Basins in Collier County Robert Wiley Capital Project Planning,Impact Fees and Project Manager Name: Division Name: Program Management Original Contract/Work Order Amount $ 215,000.00 3123/04;16A6 Original BCC Approval Date; Agenda Item#' Current BCC Approved Amount $ 985,503.7d 5110111;16A10 Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount $ 985,503.70 12/31/2016 SAP Contract Expiration Date(Master) Dollar Amount of this Change $ 50,000.00 381.63% Total Change from Original Amount Revised Contract/Work Order Total $ 1,035,503.70 5.07% Change from Current BCC Approved Amount Cumulative Changes $ 820,503.70 5.07% Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed 5/6/04 Original 11/16/04 Last Approved 12/31/16 Revised Date 12/31/17 Date Completion Date Date (Includes this change) #of Days Added 365 Select Tasks ®Add new task(s) 0 Delete task(s) 0 Change task(s) 0 Other(see below) Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/ or the additional days added (if requested); 2.)why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. 1. On 6/13/13 the County submitted the first of two Physical Map Revisions(PMRs)to FEMA's LOMC Clearinghouse as a follow-up to the publication of the currently effective Digital Flood Insurance Rate Map(DFIRM).The goal is to update the DFIRM and make its elevation information consistent and correct,This PMR#1 was processed through the LOMC Clearinghouse and forwarded on to FEMA's Region IV office in Atlanta,GA on 1/14/14 where it was shelved because of a lack of federal funding. In May 2015 FEMA Region IV was finally allocated the funding to start their detailed review of PMR#1.After review,they provided comments to the County on 1/5/16. This Change Order#13 will add a new Task 6B[Response to FEMA RAI Dated 1/5/16].at a cost of$50,000 for the preparation of responses to FEMA's request for additional information for PMR#1 and extend the contract completion date by 365 days to allow time for preparation of the response and hopefully be sufficient time for FEMA to review and approve the PMR#1 application for the next step in the process to update the DFIRM. 2.This change was not included in the original contract because FEMA Region IV took approximately two years to provide the review comments and when they did,they provided thirty-three(33)pages of comments and twenty-eight(28)pages of screen shot pictures, which is approximately 1000%more comments/pictures than expected.Many of the comments delve into the minutae of the computer modeling. 3. If this change is not processed the consultant will not be able to respond to the extensive list of questions from FEMA,and the floodplain map will not be updated to reflect best available information for flood risk that can affect the health,safety and welfare of property owners. Prepared by: XvZ .A � Ip•'x'03"- ` ivAmv&� -ZMI's9cr"Fee'6 ;" Date: 33 fps'-•lea (Project Manager Na and Division) ANN GleS9n4 A161,1 Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional ariout of of related to the change set forth herein,including claims for impact and delay costs. Accepted by: e `/, ::,. �Z' Date: -7?,7 1 % ! I (Contractor/ endor/Consultant/Design Professional and Name of Firm,if project applicable) Approved by: .V/r 9 Date: u (Design Professional and Name of Firm,if project applicable) Approved by: Date: (Procurement Professional) Revised:10/28/2014 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Packet Page-578- Atlmm BCC