Backup Documents 01/08-09/2013 Item #10Stern 10S
January 8, 2013
EXECUTIVE SUMMARY
Recommendation to approve agreements for planning, permitting, engineering services and
construction phase services related to Clam Pass and approve associated budget amendments.
OBJECTIVE: To authorize the necessary agreements final ith co e��t� et a endments to
prepare for the immediate dredging of Clam Pas P s been issued.
CONSIDERATIONS: The Board of County Commissioners on January 8, 2013 (Item. l OR)
declared the recent closure of Clam. Pass to constitute a valid public emergency requiring dredging
the pass as soon as practicable.
On December 11, 2012, Item 1OAC, the Board directed Turrell, Hall & Associates to prepare a work
order under contract 10 -5571 to update the existing Clam Bay Management Plan and return to the
Board at the next meeting. Staff received, reviewed and approved the attached work order from
Turrell, Hall & Associates for $28,000 per Board approved contract 10 -5571.
Additional services related to the emergency dredging at Clam Pass, include a Pelican Bay Services
Division (PBSD) staff app purchase urchase order for surveying services to Agnoli, Barber and
Brundage for $18,400 under Competitive Consultant Negotiation Act (CCNA) competitive also requesting the
solicitation and contract 09 -5262. Pelican Bay Services oores for $76,360 to finalize permit plans,
approval of a purchase /work order with Humiston and of Clam
complete construction drawings and provide construction theP terms services ourly rates of this emergency
emergency
Pass. County staff and Humiston and Moore agree
engagement are to be consistent with those agreed to under contract 08 -5124
pursuant to Florida Statute 287.055 (3) (a) (1), the CCNA provisions for the procurement of
professional services may be waived if a valid public emergency of be em declared.
and to Boaid's
Purchasing Policy KU and VA 3 and 4 provides for the declaration
of competition to procure the necessary services to respond to that emergency.
FISCAL IMPACT: The quoted cost for planning, P ermitting, engineering services and
of Clam Pass is $122,760. The
construction phase services related to the emergency dredging
estimate can be broken down as follows:
Permit &
Construction
Inlet & Bay Construction
Phase
Firm Name
Permitting Mgt. Plan Drawings
Services Surveying
Total
Source of Funds
(195) (320) (195)
(195) (195)
28,000
Turrel , Hall & Associates
16,000 12,000
18,400
18,400
Agnoli, Barber & Brundage
23,650
52,710.
76,360
Humiston and Moore
122,760
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January 8, 2013
Presently the Turrell, Hall & Associates work order in the amount of $28,000 for dredge permitting
and updating the Inlet and Bay Management Plan is funded from the Pelican Bay Services Fund
(320). As shown above, a portion of the work is eligible for Tourist Development Tax (TDT)
funding and is proposed to be reallocated to TDC Fund (195) once sufficient budget is established.
The Agnoli, Barber and Brundage and Humiston and Moore work orders for surveying and
engineering and construction phase services are eligible for Tourist Development Tax funding.. Staff
is recommending a budget amendment be processed in TDC Beach Renourishment Fund (195)
moving $110,760 plus a 5% contingency allowance from reserves into a funded program for Clam
Pass Dredging and that the eligible component of the Turrell, Hall & Associates work order be
moved from Pelican Bay Services Fund (320) to the newly established Clam Pass Dredging project
in Fund (195). Dredging costs are not included in this executive summary.
GROWTH MANAGEMENT EMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. This item is
in essence a companion item to Agenda Item 10 -R. Item 10 -R requests that "the Board of County
Commissioners declares the recent closure of Clam Pass to constitute an emergency situation,
requiring dredging the pass as soon as practicable; that in furtherance of this the Board directs the
County Manager to obtain pricing information for this project from at least two prospective vendors,
including any potential vendors with dredges already operating off the west coast of Florida, and that
the County Manager negotiate and enter into an Agreement with the apparent low bidder, subject to
ratification by the Board, preferably at the next Board meeting." The services requested by this
Executive Summary are necessary for the dredging requested in Item 10 -R. The public
announcements and qualification procedures required by the Consultant's Competitive Negotiation
Act do not apply "in cases of valid public emergencies certified by the agency head." Accordingly,
this item is legally sufficient provided that the Board declared the emergency as requested in Item
10 -R, and requires majority support for approval. JAK
RECONEMENDATION: That in furtherance of the Board's declared emergency for the. dredging
of Clam Pass and in accordance with Florida Statute 287.055 (3 (a) 1) and the Board's Purchasing
Policy = and VA 3 and 4, the Board approves the PBSD staff initiated work orders to Turrell,
Hall & Associates for $28,000 per Board approved contract 10 -5571 and the surveying services
related to Clam Pass to Agnoli, Barber per Board approved contract 09 -5262; approves the
purchase /work order to Humiston and Moore to complete the planning, permitting, engineering and
construction phase services related to Clam Pass consistent with the terms and rates of contract 08-
5124; and approves all associated budget amendments.
SUBMITTED BY: Commissioner Georgia Hiller, District 2
Attachments:
1. Turrell, Hall & Associates Work Order
2. Executed Purchase Order, Proposal and Work Order to Agnoli, Barber and Brundage
3. Proposed Work Order for Humiston and Moore
4. Contract Terms and Rates 08 -5124
IDS
Contract #08 -5124
Fixed Term Physical and Biological Monitoring Services for Collier County Coastal Zone
Management Projects
FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of v-c 2009,
by and between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and Humiston &.
Moore Engineers, P.A., authorized to do business in the State of Florida, whose business address is
5679 Strand Court, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT").
WI:TNESSETH:
WHEREAS, it is
in the best
interests 'of
OWNER to be able to obtain professional
CONSULTANT physical.
and biological
monitoring
services expeditiously when a need arises in
connection with a Collier County project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firm to provide professional services to a political
subdivision, such as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with- the provisions of
Section 287.055, Florida Statutes, to provide professional physical and biological services on a fixed
term basis as directed by OWNER for such projects and tasks as may be required. from time. to time
by OWNER.
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NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY-
1.1 From time to time upon the written request or direction of OWNER as hereinafter provided,
CONSULTANT shall provide to. OWNER professional physical and biological monitoring services
for Coastal Zone Management Projects (hereinafter the "Services) as herein set forth. The term
"Services" includes all Additional Services authorized by written Amendment or Change Order as
hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant to
the procedures described herein. The form of the Work Order is set forth in attached Schedule A.
Reference to the term "Work Order" he with respect to authorization of Services, includes all
written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges
and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in
writing by the Board of County Commissioners, and that the total initial compensation for all Work
Orders issued under this Agreement shall not exceed $750,000 annually, unless otherwise approved
in writing by the. Board of County Commissioners of Collier County.
1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in
a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be
at CONSULTANT'S own risk and OWNER shall have no liability.for such Services.
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1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to
the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services,
said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation and schedule for
performance of those Services, a Work Order shall be prepared which incorporates the terms of the
understanding reached by the parties with respect to such Services and if both - parties :are in
agreement therewith,. they shall jointly execute the Work Order.
1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly
provide the Services required thereby, in accordance with the terms of this.Agreement and the subject
Work Order.
1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by OWNER and that OWNER does not represent or guarantee
unto CONSULTANT that any speck amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER -under this
Agreement or any Work Order, or to obligate OWNER in any manner or way.
1.2.6 All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
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
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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 hereby designates Kenneth K. Humiston, P.E. as its Principal in Charge
(hereinafter referred to as the . "Principal in Charge') with full authority to bind and obligate
CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project
coordinator for the Services to be provided under that Work Order (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 the Work Order. Further, the Project Coordinator has full authority
to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order.
The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge
and Project Coordinators shall not be removed by CONSULTANT 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 writteri request from
OWNER to promptly remove and replace the Principal in Charge or any Project Coordinator, or any
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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 any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, 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 and experience in the type
of professional physical and biological monitoring services for Coastal Zone Management projects
that will be required under this Agreement. The CONSULTANT agrees that all services to be provided
by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval
and shall be in accordance with the generally accepted standards of professional practice in the State
Of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules,
regulations and requirements of any governmental agencies, including the Florida Building Code
where applicable, which regulate or have jurisdiction over the Services to be provided and performed
by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT
shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER
regarding resolution of each such conflict. OWNER'S approvai'of any design documents in no way
relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for
successful completion of the Services required under the subject Work Order.
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
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determination regarding deductions. After notification of deficiency, if the Consultant fails to correct
the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The
County may also deduct or charge the Consultant for services and/or items necessary to correct the
deficiencies directly related to the Consultant's non - performance whether or not the County obtained
substitute performance.
1.8 CONSULTANT agrees not, to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of
the CONSULTANTS obligations hereunder, or in the course of judicial or legislative proceedings
where such information has been properly subpoenaed, any non - public information concerning the
Services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its
employees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
speck established Survey Monumentation; such as Certified Section Comers (Half or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real -Time Kinematic)
GPS Network as provided by OWNER. Information layers shall have common naming conventions
(i.e. right-of-way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry
standard CAD specifications.
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ARTICLE 2
ADDITIONAL SERVICES OF CONSULTANT
2.1 If authorized .in writing by Owner through an Amendment or Change Order to a Work Order,
CONSULTANT shall furnish or obtain from others Additional Services beyond those Services
originally authorized in the Work Order. The agreed upon scope, compensation and. schedule for
Additional Services shall be set forth in the Amendment or Change Order authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized. Except in an emergency endangering
life or property, any Additional Services must be approved in writing via an Amendment or Change
Order to the subject Work Order 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 Services originally required of CONSULTANT, under the
subject Work Order.
2.2 If OWNER determines that a change. in a Work Order is. required because of the action taken by
CONSULTANT in response to an emergency, an Amendment or Change Order 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 CONSULTANTS right it. otherwise may have had to seek an adjustment
to its compensation or time of performance under the subject Work Order.
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ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 As OWNER identifies certain Services it wishes CONSULTANTS, awarded under this
agreement, to provide pursuant to the terms of this Agreement, OWNER shall request proposals from
the awarded CONSULTANTS contracted under this agreement for such Services.
Proposals will be submitted in the form of a written narrative, including a resource loaded.
spreadsheet, and a proposed schedule of work, said proposal to be in compliance with the terms of
this Agreement.
An informal selection committee of no less than three (3) staff members will review the proposals.
Consideration will be given to proposals that responsibly maximize the net economic benefit to the
County over the term of the project in order to meet budgetary requirements. Multiple projects can be
reviewed simultaneously.
The firm submitting the selected proposal(s) will be required to submit a cost loaded.spreadsheet(s).
If the parties reach an agreement with respect to such Services, including, but not limited to, the
scope, compensation and schedule for performance of those Services, a Work Order shall be
prepared which incorporates the terms of the understanding reached by the parties with respect to_
such Services. Should the County be unable to negotiate a satisfactory Work Order with the selected
firm, the County shall continue negotiations in accordance with F.S. 287.055, with the second firm.
Work Orders may be assigned on a zone by zone basis; and may include multiple projects.
3.2 For each Work Order; OWNER shall designate in writing a project manager to act as
OWNER'S representative with respect to the Services to be rendered under the Work Order
(hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to
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transmit instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S Services under the Work Order. 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 as
set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence and complete all such
Services as set forth in the Work Order; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT as set forth in the. Work Order.
3.3 The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by t. he
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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other
data relative to the subject Work Order;
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(d) Arrange for access .to and make all provisions for CONSULTANT to enter the site
(if any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; 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 4
TIME
4.1 Each Work Order will have a time schedule CSchedules) for. the. performance of the Services
required under the subject Work Order. Said Schedule shall be in a form and content'satisfactory to
OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed
d the Schedule. Time is of the- essence with respect to the
in accordance with the Work Order an
performance of the Services under each Work Order.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
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 Unless otherwise expressly .provided in the Work Order, 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 maybe responsible in whole or in
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part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from. OWNER. CONSULTANTS sole remedy against OWNER will be the
right to seek an extension of time to the 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.
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 under this Agreement (including any and all Work
Orders) 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 any particular Work Order 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
ice shall be from the .date of execution of this Agreement for a period of
4.6 The period of sery
twenty four (24) months from that date, or until such time as all outstanding Work. Orders issued prior
to the expiration of the Agreement period have been completed. This Agreement may be renewed for
two additional terms of twelve (12) months, renewable annually. Any such annual renewal shall be
agreed to, in writing, by both parties.
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ARTICLE 5
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 each Work Order. CONSULTANT
agrees to fumish to OWNER, after the end of each calendar month, or as specified in the Work
Order, a comprehensive and itemized statement of charges for the Services performed and rendered
by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as
herein below defined, incurred and /or paid by CONSULTANT during that time period. The monthly
statement shall be in such form and supported by such documentation as may be required by
OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the
Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if
any)
5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly
with a cap or some other agreed to format) contained in each separate Work Order shall be based on
the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time
reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule
may be updated by mutual. agreement on an annual basis, in conjunction with the annual renewal of
this Agreement provided for in paragraph 4.6 above, as directed by OWNER.
5.2.1 OWNER. agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or -paid by CONSULTANT in connection with CONSULTANTS
performance of the Services, at its direct cost with no markup, to the extent such reimbursement is
permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below.
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5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided
in Section 112.061, F.S., and all Contract - related mileage for trips that are
from /to destinations outside of Collier or Lee Counties approved by OWNER.
5.2.2.2 Expenses for reproducing documents that exceed the 'number of
documents described in this Agreement and postage and handling of Drawings and
Specifications, including duplicate sets at the completion of each Work Order for the
OWNER'S review and approval.
5.2.2.3. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by OWNER.
5.2.2.4. Expense of models for the OWNER'S use.
5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the
Work Order required under the applicable Work Order.
5.2.2.6 Other items on request and approved in writing by the OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of
the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for . authorized
reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
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5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that.
CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and
the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the
estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services
to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly
supply such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to-be. utilized
by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum
markup of five percent (5 %) on the fees and expenses associated with such subconsultants and
subcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by
OWNER.
5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each Work Order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and .other technical
data, other than working papers, _prepared or developed by or for CONSULTANT under the applicable
Work Order ( "Project Documents "). OWNER shall specify whether the originals or copies of such
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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 with respect to the applicable.
authorized project or task. 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 subject project or task following CONSULTANT'S termination for any
reason or to perform additions to or remodeling, replacement or renovations of the subject project or
task. 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 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which concern or
reflect the 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
Work Order 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 necgssary during
the period of this Agreement, and during the five -(5) year period noted above, or such later date as
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may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
7.2 The - records specked above in paragraph 7.1 include accurate time records, which
CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each
principal and employee of CONSULTANT in performing the Services and therein specifying the
services performed by each, with all such time records to be kept within one -half of an hour.' At the
request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of
the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and /or
payment of any reimbursable expenses.
ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless
OWNER, its officers and employees from any and all liabilities, `damages, losses and costs, including;
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or
utilized by the CONSULTANT in.the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph 8.1. .
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ARTICLE 9
INSURANCE
9.1 CONSULTANT shall obtain and cant', at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Schedule C 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 Board of County Commissioners, Collier County, Florida, as
an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2 Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained
by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER.
17
9.3.4 The Certificates of Insurance, which are to' be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify this
Agreement.
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 10
SERVICES BY CONSULTANT'S OWN STAFF
10.1 The Services to be performed hereunder shall be performed by CONSULTANTS own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall,
18
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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 to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
Personnel shall be committed to the project or task specified in the Work Order in accordance with the
percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each
subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All
personnel, subconsultants and subcontractors identified in the Schedule 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 any subsequently issued Work
Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the
OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the
OWNER under this Agreement, and any subsequently issued Work Order, 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 subrsubcontractors.
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10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into -between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between OWNER -
and any subconsultant or subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall
constitute a full waiver of any and all - claims, except for insurance company subrogation claims, by it
against OWNER arising out of. the Work Order or otherwise related to those Services, and except
those previously made in writing in accordance with the terms of this Agreement and identified by
CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional - services of CONSULTANT. It is
agreed that either party hereto shall at any and all times have the right and option. to terminate this
Agreement by giving to the other party not less than thirty (30) days prior written notice of such
termination. Upon this Agreement being so terminated by either party hereto, neither party hereto
shall have any further rights or obligations under this Agreement subsequent to the date 'of
termination, except that Services specified to be performed under a previously issued Work Order,
shall proceed to completion under the terms of this Agreement.
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12.2 CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, 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 any particular Work Order within the times specified
under that Work Order, or .(b) CONSULTANTS 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 CONSULTANTS 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 and any Work Orders in effect, or (f) for any other just cause. The OWNER may so
terminate this Agreement and any Work Orders in effect, in whole or in part, by. giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to
be the notice of termination provided for in paragraph 12.4, below, and CONSULTANTS remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.4 below.
12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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
21
limited to that portion of the fee earned through the date of termination, for any Work Orders so
cancelled,' 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 Services
not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent
reasonably possible.
12.5 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 arising out of or relating to this Agreement or any Work Orders.
12.6 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 CONSULTANTS sole and exclusive remedy shall be to seek an extension of time to
its schedule in accordance with the procedures set forth in Article Four herein.
12.7 In the event (1) OWNER fails to make any undisputed payment to CONSULTANT within forty -
five (45) days after such payment is due as set forth in the Work Order 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 or subsequently issued Work
Order, 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 the subject
Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
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notice of CONSULTANT'S intention to stop performance under the applicable. Work Order. 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 the subject Work Order by giving written -notice to OWNER of
CONSULTANT'S intent to terminate that Work- Order. 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 subject Work Order 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 13
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 or any subsequent Work Order.
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 D, certifying that. wage rates and other factual unit costs supporting the
23
compensation for . CONSULTANT'S services to be provided under this Agreement and each
subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the
Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set
forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to
exclude any significant sums by which the OWNER determines the price as set forth in the Work
Order 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 the subject Work
Order.
ARTICLE 14
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 15
•' 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.
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ARTICLE 16 .
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S
address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Purchasing Building
3301 Tamiami Trail East
Naples, Fl. 34112
Attention: Stephen Y. Carnell, Purchasing /GS Director
Fax: 239- 732 -0844
16.2 All notices required or made pursuant to this Agreement to be- given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service - Department, first class mail service, postage prepaid, addressed to the
following CONSULTANTS address of record:
Humiston & Moore Engineers, P.A.
5679 Strand Court
Naples, Florida 34110
Telephone: 239 - 594 -2021
Fax: 239 -594 -2025
Attn: Kenneth K. Humiston; P.E., President
16.3 Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3 This Agreement is not assignable, or otherwise transferable in whole or in part,. by
CONSULTANT without the prior written consent of OWNER.
17.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein,. and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
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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 WORK ORDER FORM
Schedule B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
Schedule D TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE 18
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 19
SECURING AGREEMENTIPUBLIC 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,
27
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 -ln- Negotiation Certificate identified in Article 13 and attached hereto and
made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each
subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates
and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply, on a contract with a
public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property
to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287:017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted
vendor list."
ARTICLE 20
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
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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.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the Consultant is formally acknowledging
Without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et se g. and regulations
relating thereto, as either may be amended. Failure by the -Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the discretion
to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Fixed Term Physical and Biological Monitoring Services for Collier County Coastal
Zone Management Projects the day and year first written above.
ATTEST:..
AppCoMed as to form and
Attorney,
4 . I
t
Witness
Celia M.Fellows
Typed Name and Title
Witness _
Kelli DeFederi i
Typed Name and Title
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By: IL —4-,*
Donna Fiala, Chairman
Humiston & Moore Engineers, P.A.
By: A-- //0" 4 il0e�
Kenneth K_Anmirtnn, P-T?_
Typed Name and Title
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SCHEDULE A
WORK ORDER
Agreement for Fixed Term Physical and Biological Monitoring Services for Collier County Coastal Zone Management
Projects, Dated: , 20 . (RFP 08 -5124)
This Work Order is for professional describe services for work known as:
Project Name: Project No:
The work is specified in the proposal dated 20 which is attached hereto and made a part of this Work Order.
In accordance witty Terms and Coriditidns of the Agreement referenced above, this Work Order is assigned to: name of
firm.
Scone of Work: As detailed in the attached proposal and the following:
• Task
• Task II ' • Task III
Schedule of Work: Complete work within days from receipt of the Notice to Proceed which is accompanying this
Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance
with the following method(s): Negotiated Lump Sum . Lump Sum Plus Reimbursable Costs Time &
Material (established hourly rate — Schedule A) Cost Plus Fixed Fee, as provided in the attached proposal. (define
which method will be used for which tasks)
Task
$
Task II
$
Task III
$
TOTAL FEE
$
Any change made subsequent to final department approval will be considered an additional service and bharged
according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
APPROVED BY:
APPROVED BY:
name and title
Department Director, Department Name
Division Administrator, Division
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Type or Print Name and Title
A -1
Date
Date
Date
Date
If
E I M)
SCHEDULE B
_Contract No. 08 -5124. Physical and Biological Monitoring Services for Coastal
Zone Management Proiects
RATE SCHEDULE
Principal Engineer
$175.00/hr.
Senior Engineer /Senior Analyst
$145.00/hr.
Project Director /Project Manager/Project Coordinator
$125.00/hr.
Engineer III /Engineering Production=
$105,00/hr.
Engineer II /Coastal Monitor
$ 95.00 /hr.
Engineer I
$ 90.00 /hr.
Senior Technician
$ 85.00/hr.
Environmental Science Technician
$ 75.00/hr.
Junior Technician /GIS Technician*
$ 75.00 /hr.
Microsoft'Project Technician
$ 70.00/hr.
Administration/Clerical
$ 55.00 /hr.
Clerical
$ 40.00/hr.
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 bn a project -by- project basis as needed.
B -1
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SCHEDULE C
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 of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the.OWNER 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
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allowed to expire until at least thirty (30) days prior written notice has been given to the
OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four
(24) hours after receipt, of -any notices of expiration, cancellation, non - renewal or
material change in coverages or limits received by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to the
terms of this Agreement 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 and. any Work
Orders issued pursuant to the Agreement or at its sole discretion shall -be authorized to
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purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30)
days after demand, OWNER has the right to offset these costs from any amount due
CONSULTANT under this Agreement or any other agreement between OWNER and
CONSULTANT. The OWNER shall be under no obligation to purchase such insurance,
nor shall it be responsible for the coverages purchased or the insurance company. or
companies used. The decision of the OWNER to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires
prior. to the completion of the Services required hereunder or termination of the
Agreement or any Work Order, 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 or any subsequently issued
Work Order 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:
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a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER
and the policy shall be so endorsed
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
X Applicable Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
X Applicable . 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
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Operations and Products and Completed Operations Coverage. Products and
Completed Operations coverage shall be maintained for a period of not less than five (5)
years following -the completion and acceptance by the OWNER of the work under this
Agreement Limits of Liability shall not be less than the following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
X General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000
Fire Damage $ 50,000,
(2) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. 'This endorsement
modes insurance provided under the following: Commercial General Liability Coverage
Part. The General Aggregate Limit under LIMITS OF INSURANCE. applies separately
to each of your projects away from premises owned by or rented .to you." Applicable
deductibles or self - insured retentions shall be the sole responsibility of CONSULTANT.
Deductibles or self - insured retentions carried by the CONSULTANT shall be subject to
the approval of the Risk Management Director or its designee.
C -5
(3) The OWNER shall be named as an Additional Insured and the policy shall
be endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(4) Coverage shall be included for explosion, collapse or underground
property damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
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.
X Applicable Not Applicable
(6) 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, noh -owned or hired vehicle with
limits of not less than:
Bodily Injury- & Property Damage - $ 500,000
C-6
10S
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include. all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arising out of the performance of professional
services under this Agreement. CONSULTANT waives its right of recover against
OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
$ 500,000 each claim and in the aggregate
$1,000,000 each claim and in the aggregate
X $2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
G7
M 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 a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(4) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, and the date will
not be moved forward during the term of this Agreement and for five years thereafter.
CONSULTANT shall promptly submit Certificates of Insurance providing for an
unqualified written notice to OWNER of any cancellation of coverage or reduction in
limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify OWNER by certified mail, within twenty -four (24) hours
after receipt, of any notices of expiration, cancellation, non - renewal or material change
in coverages or limits received by CONSULTANT from its insurer. - In the event of more
than a twenty percent' (20 %) reduction in the aggregate limit of any policy,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy. CONSULTANT shall promptly submit a certified,
true copy of the policy and any endorsements issued or to be issued on the policy if
requested by OWNER..
VALUABLE PAPERS INSURANCE
(1) - In the sole discretion of the County, on a work order by work order basis,
CONSULTANT may be required to purchase valuable papers and records coverage for
plans, specifications, drawings, reports, maps, books, blueprints, and other printed
c-s
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 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.
c -s
I I MIJ, 01
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.
Client#: 2510
HUMIM003
ACORD- CERTIFICATE OF LIABILITY.,INSURANCE
(MWDD1YYYY)
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
4123109
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suncoast Insurance Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND -OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622 -2668
A
813 289-5200
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Humiston Moore Engineers, P A
5679 Strand Court
Naples, FL 34110
INSURER A: Phoenix Insurance Company
25623
INSURER B: Travelers Indemnity Company
25658
INSURER a Travelers Casualty and Surety Co
19038
INSURER D: Beazley Insurance Company, Inc. 137540
INSURER E
$1,000,000
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.
WSR
LTR
SR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
D D
POLICY EXPIRATION
DA MID
'
LIMITS
A
GENERAL LIABILITY
68081481-927
02/06/09
02/06/10
EACH OCCURRENCE
$1,000,000
X COMMERCIAL GENERAL LIABILITY
-
DAMAGE TO RENTED
$1,000,000
CLAIMS MADE Q, OCCUR
MED EXP (Any one person)
$10,000
PERSONAL & ADV INJURY
$1,000,000
GENERAL AGGREGATE .
Q,000 000
GEN% AGGREGATE LIMIT APPLIES PER:-
PRODUCTS - COMP/OPAGG
92000000
POLICY j RO- LOO
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA9146L446
04/28/09
04/28/10
COMBINED SINGLE LIMB
(EsacddenQ
$1,000,000
BODILY INJURY
ereon
(Perp)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per ecGdenh
$
X
X
HIRED AUTOS
NON-OWNED AUTOS
PROPERTY DAMAGE
(PeracidenQ
$
GARAGE
LIABILITY
AUTO ONLY -EA ACCIDENT
S
OTHER THAN I EAACC
AUTO ONLY: AGG
$
R
ANYAUTO
$
B
EXCESSIUMBRELLA LIABILITY
CUP8412Y9OA
'02/06109
02/06/10
EACH OCCURRENCE
$1000000
X OCCUR Fi CLAIMS MADE
AGGREGATE
$1,000,000
s
•
$
DEDUCTIBLE
$
X RETENTION $ 10000
C
woRKERs coMPENsAnON AND
UB5826YS85
05/01/09
05/01/10
X wC STATV OTH-
E.L. EACH ACCIDENT
$500,000
EMPLOYERS LIABILITY
ANY PROPRIETORIPARTNERIEXECUTNE
OFFICERfMEMBEREXCLUDED?
E.L DISEASE - EAEMPLOYEE
$500000
Ifyes, dasaibe under
SPECIII. PROVISIONS below
-
E.L DISEASE - POLICY LIMIT
$500 O0O
D
OTHER Professional
VISSLZ09PNPA
04/16/09
04/16110
$2,000,000 per claim
Liability
$2,000,000 anni aggr.
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Professional liability Is written on a claims made and reported basis.
RE: Contract 08 -5124
(See Attached Descriptions)
Collier County Board of County Commissioners
Purchasing Building
3301 East Tamlami Trail
Naples, FL 34112
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _$0_ DAYS WRITTEN
S TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL
iE NO OBLIGATION OR LIABILITY OF ANY ICIND UPON THE INSURER ITS AGEN I OR
AAOTFpF REPRESENTATIVE
p ,),I D ot. A -
ACORD 25 (2001/08) 1 of 3 #51858041M184514 BPK A ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsemerit(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25S (2001/08) 2 of 3 #S1858041M184514
The Certificate Holder is an Additional Insured with
respects to the General Liability. Workers Compensation Includes USUH
coverage.
AMS 255.3 (2001108) 3 of 3 #S7858041M184514
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, Humiston & Moore Engineers, P.A. 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 Fixed Term Physical and Biological Monitoring Services for Collier
County Coastal Zone Management Projects are accurate,, complete and current as of
the time of contracting.
Humiston & Moore Engineers, P.A.
BY:
TITLE:
DATE:
D -1
WORK ORDER/ PURCHASE ORDER#
CONTRACT# 10 -5571
CLAM PASS JOINT COASTAL P=wr AND INLET & BAY MANAGEMENT PLAN UPDATE
January 3, 2013
Turrell, Hall & Associates, Inc, (MA) is pleased to Provide this scope of warx TO t,ouier
County via the Pelican Bays Services Division (PBSD). The purpose of this scope is to
outline professional enviromnental permitting services to the PBSD for the dredging of
Clam Pass. The work proposed will be conducted under Contract Number 10 -5571 by
THA and our subcontractor, Humiston and Moore Engineers. Based on recent telephone
conversations with the federal permitting agencies ( USACE and FWS), . our
understanding is that a new permit application will need to be submitted to the USACE
with updated project conditions and further permit coordination may be required with
FWS to complete the Biological Opinion for the project.
Scope of Work
TASK 1. PERMITTING
a) Permit Drawings• THA will coordinate updated pmt drawings at the direction of
the Pelican Bay Services Division (PBSD) for the dredging of Clam Pass. The
pcmrit exbibits will be based on updated hydrographic and beach profile data to be
collected. in January 2013 and on the most recent benthic resources surveys
conducted in August 2012.
b) DEP Permitting: H&M will coordinate with the staff of the DEP to update the
existing DEP JCP permit (no. 0296087- 001JC) as needed with the updated exhibits.
This will include filing of permit modification on behalf of Collier County and
meeting with the DEP staff.
c) DEP Nrl;an Zone Variance: H&M will prepare and submit a mnring zone variance
request to DEP for the proposed dredging activity.
d) USACE PerngdUg: THA and H&M will coordinate with the staff of the USACE to
complete their review of the project (No. 0296087- 001 -JC) as needed based on the
Wonted exk -bits. This will include filing a new permit application on behalf of
Collier County, meetings with the USACE stafiy and responses to commenting
parties as a result of the new application.
e) USFWS and NMFS Coordination: THA will provide infomation to and coordinate -
with these agemm relative to their species and habitat guidelines. We will provide a
technical review of the draft Biological Opinion from the FWS including an
engineering evaluation by H&M (under a separate scope) of the project design.
Attendance at two meetings with these agencies is included in the scope.
Tun-ell, Hall & Associates, Inc.
The scope does not include provisions for production of detailed environmental documents
such as mitigation plans, Environmental Impact Statement, or Biological Assewments, that
could be requested by the reviewing agencies based on the updated application. We do not
anticipate these documents being requested now since they were notrequested as part of the
previous applications but will still need to verify this once the revised application has been
TASK 11: INLET AND BAY MANAGEMENT PLAN UPDATE
Inlet and Bay Management Plan Update: THA and H&M will prepare the framework for an
updated management plan for the Clam Pass and Bay system
• H&M will prepare exhibits and supporting documentation relative to the design
configuration of Clam Pass dredging for inclusion into the Plan.
• THA will coordinate stakeholder input into the plan through flute efforts. An initial
can for written input from stakeholders and interested parties will be used to
determine goals and objectives for the Plan. A workshop will be bald once the-
fi=ework for the plan has been completed to collect m6tten and oral comments. A
final workshop will be held once the Plan has been drafted and Prior 10 being
finalized.
• THA will prepare documentation necessary for stakeholder input including initial
mvftdion letter to participate, Plan, outline, and Plan DrdL
• THA will coordinate with the State and Federal pemmitting and review agencies as
needed during the formulation of the Plan.
Baseline information already available will be incorporated into Plan elements however,
additional field data collection (such as fish and bird surveys) is not included in this scope.
This scope does not include services for responding to legal objections, preparing for expert
testimony, or prepanng for litigation associated with the project. If necessaxy, these services
will be provided under a separate agrccment with the County.
Schedule
The above scope is based an a 75 day schedule. Creation of the permit exhibits and
submittal of the updated application to the DEP and USACE will take place within 10
days of approval to proceed. Subsequent coordination with the permitting agencies will
be done as quickly as possible based on the agency's review times and comment periods.
Coordination of the Management Plan will be done concurrently with the permitting.
The initial invitation to -participate will be sent out within 7 days of the notice to proceed.
Management Plan outline and preliminary exhibits will be available for the first
stakeholder workshop within 35 days of the invitation. Draft Plan will be available for
the second stakeholder meeting within 35 days of the fast stakeholder meeting.
Turrell, Hall & Associates, Inc.
J
Budget
Compensation for the above scope of work will be based on doges as described in
Exhibit "A" and will not exceed the amount listed without approval from PBSD.
............................... ........................... .....................$28,000.00
Accepted By:
Timofliy C. 114 Vice President
Turrell, MR & Associates, Inc.
Approv
Kyle Lukasz, Operations MoMer
Pelican Bay Services Division
Turrell, Hall & Associates, Inc.
Liwn. 03 4,13
Date �-
/�3 /ice
Date
10S I
WORK ORDER/ PURCHASE ORDER#
CONTRACT# 10 -5571
CLAM PASS JOINT COASTAL PERMIT AND INLET & BAY MANAGEMENT PLAN UPDATE
January 3, 2013
Exhibit "A"
Scope of Services:
PERMITTING
Task I a. — Permit Drawings .................. ............................... ......................$2,350.00
TaskI b. — DEP Permitting ............:....... ............................... ......................$2,500.00
Task I c. — DEP Mixing Zone Variance ...... ............................... ......................$1,300.00
Task I d. — USACE Permitting .................... ............................... ......................$6,000.00
Task I e. — USFWS and NMFS Coordination ............................. ......................$3,850.00
MANAGEMENT PLAN
Task II — Inlet and Bay Management Plan Update ....................... .....................$12,000.00
TotalServices ................. ............................... .....................$28,000.00
Turrell, Hall & Associates, Inc.
10S
Send all Invoices to:
Collier County Board of County Commissioners Collier County Board of County Commissioners
Purchasing Department Attn: Accounts Payable
Phone: 239 -252 -8407 3299 Tamiami Trl E Ste 700
Fax: 239 - 732 -0844 Naples FL 34112 -5749
Tax Exempt: 85- 801262183OC -2 OR email to: bccapcierk @collierclerk.com
Vendor# 100090
AGNOLI BARBER & BRUNDAGE INC
ATTN: D BRUNDAGE
7400 TAMIAMI TRAIL N, STE 200
NAPLES FL 34108 -2599
Please deliver to:
PELICAN BAY SERVICES DIVISION
STE 605 801 LAUREL OAK DR
NAPLES FL 34108
Terms of Payment Net 30 Days
00010 Clam Pass Annual Survey
Release order against contract 4600002829 Item 00010
Purchase Order number must appear on all related
correspondence, shipping papers and invoices:
urcasoc_der �
gng
r
PO Number 4500141746 Data 12/21/2012
Contact Person Pelican Bay Div
Telephone 239 -597 -1749 Fax 239. 597.1749
Delivery Date: 09/30/2013
Currency USD
O►�er n�� xtlnit" P icePe l%ni k KW.-Mue
W;,'�.'� -vs, _.sc'S 7 :-,e'e.�..
1 each 18,400.00 18,400.00
VENDOR Terms and Conditions
The VENDOR agrees to comply with all Purchase Order Terns and Conditions as outlined on the Collier County Purchasing Internet site:
httpJ /www.colliergov.nettindex.aspx ?page =762 (revision date 01/2212008), including delivery and payment terms. Further the VENDOR agrees to:
1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and
specifications listed above.
2. Notify department Immediately if order fulfillment cannot occur as specified.
3. Send all invoices to:
Collier County Board of County Commissioners
Attn: Accounts Payable
3299 Tamiami TH E Ste 700
Naples FL 34112 -5749
OR email to: bccapcierk @oolliercierk.com
The Purchase Order is authorized under direction of Collier County Board of County Commissioners by:
C7 -- ''� Joanne Markiewicz, General Services /Purchasing Director
Printed 01/032013 @ 102912 320.183800- 631400 - 51100.1 Page 1 of 1
A�MI-0sa
Hama
GNOLI
ARBER &
��` RUNDAGE, mrc
Professional Engineers, Planners & Land Surveyors
7400 Tarniami Trail North, Suite 200, Naples, FL 34108 Ph. (239) 597 -3111 Fax (239) 566 -2203
December 20, 2012
Mr. Kyle Lukasz
Pelican bay Services
Re: Clam Pass Annual Monitoring, Collier County, Florida
ABB PN 12- 1000- GPA/106
Dear Kyle:
We are pleased to submit the following proposal for Professional Surveying Services on
the above referenced project.
Clam Pass Annual Monitoring:
1) We shall perform bathymetric monitoring of Cut 4 at Clam Pass from profile
station 0 +00 thru 18 +00 forty two (42) cross sections.
2) We shall perform bathymetric monitoring of Cut 4 at Clam Pass from profile
station 18 +27 thru 36 +00 twenty (20) cross sections.
3) We will survey beach profiles extending from 100 feet landward of the vegetation
line seaward to wading depth at the four (4) DNR monuments north of the inlet and
three (3) monuments south of the inlet, plus one (1) intermediate beach profile.
This would include DNR reference monuments R -38 through R-44 a total of eight
(8) profiles. The profiles will be taken along the same azimuth as the State DEP
profiles.
4) We shall obtain profile elevations at 10' intervals f, along Stations 0 +00 through
3 +64.5, from the vegetation line, south through the Staging area. This will include
profile elevations at Station 3 +30.
(See attached drawing.)
5) We shall obtain profile elevations seaward from Sta 0 +00, on 50'stations, at 10'
Intervals, to a depth of -5.0' NAVD.
(See attached drawing.)
Our final deliverable will be an ASCII file containing raw x, y, and z profile data
points to Humiston and Moore. Elevations will be based on NGVD29 Vertical
Datum.
10S
Our final deliverable will be an ASCII file containing raw x, y, and z profile data
points. Coordinates will be based on Florida State Plane 83/90 East Zone Datum.
Elevations will be based on NAVD88 Datum.
Our fee for providing the above services shall be a lump sum In the amount of
$18,400.00.
All services will be performed under the terms and conditions specified in the "County -
Wide Engineering" Agreement between the Board of County Commissioners, Collier
County, Florida and Agnoli, Barber & Brundage, Inc., Contract #09- 5262 -5.
Sincerely,
AGNOLI, BARBER .& BRUNDAGE, INC.
F %buy P. Adams, P.S.M.
Vice President of Surveying
WORK ORDER
Agreement for "County Wide Engineering Services"
Contract #09- 5262 -SSM BCC App 3/9/2010 10.0
This Work Order is for professional engineering services for work known as
Clam Pass Annual Survey
The work is specified in the proposal dated December 20, 2012, 2012 which is attached hereto
and made a part of this Work Order. In accordance with the Terms and Conditions of the
Agreement referenced above this Work Order is assigned to Agnoli Barber and Brundage, Inc.
Scope of Work: Task I
1. Perform bathmetric monitoring of Cut #4 at Clam Pass at profile stations
0 +00 thru 18 +00, forty two cross sections.
2. Perform bathmetric monitoring of Cut #4 at Clam Pass at profile stations
18 +27 thru 36 +00, twenty cross sections.
3. Survey beach profiles extending from 100 feet landward of the vegetation
line seaward to wading depth at the four (4) DNR monuments north of the
inlet and three (3) monuments south of the inlet, plus one (1) intermediate
beach profile. This would include DNR reference monuments R -38
through R -44 a total of eight (8) profiles.
4. Obtain profile elevation at 10' intervals + / -, along Stations 0 +00 through
3•+64.5, from the vegetation line , south through the staging area. This
shall include profile elevations at Station 3 +30.
5. Obtain profile elevations seaward from Station 0 -00, on 50' stations, at
10" intervals, to a depth of - 5.0'NAVD.
Schedule of Work: Complete work within 90 days from date of the Notice to
Proceed authorizing start of work.
Compensation: In accordance with Article Five of the Agreement, the County
will compensate the Firm in accordance with the negotiated lump sum or time
and material amount provided in the schedule below (if a task is time and
material, so indicate and use the established hourly rate(s) as enumerated in
Schedule "A" of the Agreement).
(List all Tasks)
Task I $ 18.400.00 (Lump Sum)
TOTAL FEE S 18,400.00
Any change within monetary authority of this Work Order made subsequent to
final department approval will a considered an additional service and charged
according to Schedule "A" of a Agreement.
AUTHORIZED BY:
yle Lukasz, Operati s Manager Date
ACCEPTED BY: Agnoli Barber and Brundage _Inc_
� 445? &dz &Qncl2
Author ed Company Officer Date
%frtl1��e°
Typ or Print Name and itle
HUMISTON
& MOORE
ENGINEERS
COASTAL
ENGINEERING DESIGN
AND PERMITTING
WORK ORDER/ PURCHASE ORDER#
January 3, 2013
5679 Strand Court
Maples, FL 34110
239 - 594 -2021- Voice
239- 594 -2025 - Fax
Humiston & Moore Engineers (H&M) is pleased to provide this scope of work to Collier
County via the Pelican Bays Services Division (PBSD). The purpose of this scope is to
outline professional services to be provided to the PBSD for dredging of Clam Pass
(Project). The work proposed will be conducted consistent with the terms and rates of
Contract Number 08 -5124 by H &M. Services include the design, preparation of permit
drawings, construction plans, technical specifications and construction phase services.
Scone of Work
TASK 1: DESIGN, PLANS AND SPECIFICATIONS
a) Permit Drawin>;s: H &M will prepare updated design and permit drawings at the
direction of the Pelican Bay Services Division (PBSD) for the dredging of Clam
Pass. The plans will be based on updated hydrographic and beach profile data to be
collected in January 2013 and on the most recent benthic resources surveys
conducted in August 2012.
b) Construction Plans: Based on direction from the PBSD and the ongoing permitting,
H&M will prepare details construction plans for the purpose of obtaining bids and
construction the Project.
c) Technical Specifications: Based on the final design, regulatory permits and
construction plans, H &M will prepare technical specifications for the Project
which will be used in conjunction with the Construction Plans in obtaining bids
for the Project. These documents will be used by PBSD along with Collier County
Contract Documents as part of the contract with the selected Contractor for the
Project.
Task 2: CONSTRUCTION PHASE SERVICES-
H&M will provide the necessary support to PBSD based on a time and materials basis as
needed throughout the selection of a contractor, negotiating a price for the Project,
conducting a pre - construction meeting, conducting construction observation services, on-
site permitting compliance monitoring for turbidity and sand QA/QC placement, review of
Humiston & Moore Engineers
regulatory agencies; conducting construction observation services, on -site permitting
compliance monitoring for turbidity and sand QA/QC placement, review of pay requests
from the Contractor, post construction certifications and prepare the required post
construction report to the regulatory agencies.
The costs assume a declaration of emergency order to limit bid qualification and price
negotiating with one contractor
Schedule
The above scope is based on a 50-day construction schedule. Creation of the permit
drawings is based on completion of the survey by PBSD, which is underway at this time.
Permit drawings for use in coordination. with Collier County, the State of Florida
Department of Environmental Protection, and the U.S. Army Corps of Engineers, along
with the associated state and federal resource agencies such as Florida Fish and Wildlife
Conservation Commission (FWC), National Marine Fisheries Service (NMFS) and the
Fish and Wildlife Service (FWS), will be prepared within 10 days of receipt of the
survey. Construction Plans and Technical Specifications will be completed within 30
days of confirmation of the acceptability of the design from the PBSD, DEP, and
USACE. Any subsequent plan changes as deemed necessary will be completed as quickly
as possible to avoid any delays in selecting a contractor and negotiating a construction
price.
Budeet
Compensation for the above scope of work will be based on charges as described in
Exhibit "A" and will not exceed the amount listed without approval from PBSD.
...................................... ............. .................. .............. $76.360.00
Accepted By:
1/3/13
Brett D.. Moore, P.E. President Date
Humiston & Moore Engineers
Approved By:
I
�Ie Lukasz, Operations er Date
Collier County Pelican Bay Services Division
Humiston & Moore Engineers
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WORK ORDER/ PURCHASE ORDER#
January 3, 2013
Exhibit "A"
Scone of Services :.
Task I: Design, Plans, Specifications (Lump Sum Costs)
Task Ia. — Permit Drawings .................. ............................... ......................$5,940.00
Task Ib. — Construction Plans ................. ............................... .....................$10,090.00
Task Ic. — Technical Specifications . ....... ............................... ......................$7.620.00
Subtotal for Task I (Lump Sum.) ..... .......................... .............................$2 k,9�QQ
Task H: Construction Phase Services (rime and Materials)
Based on 50 Construction Work Days
Task Ira. — Bid Review, Pre- constr. Meeting, etc ............................. .....................$3,880.00
Task 11b. — Construction Observation, Pay Review ..................... .....................$39,850.00
Task Me. — Post Construction Report and Certification ............... ......................$8,980.00
Subtotal for Task H (Time and Materials) .................................................. $� �4
Total Budget Tasks I and II:................................... .............................$�
Hurniston & Moore Engineers
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WORK ORDER FEE BREAKDOWN
Humiston & Moore Engineers
TASK 2: Construction Observation
Rate
Hours
Amount
Budget
Principle Engineer
$175.00
78.00
$13,650.00
$52,710.00
Engineer 111
$105.00
36.00
$3,780.00
Engineer 1
$90.00
36.00
$3,240.00
Junior Tech (Field)
$75.00
400.00
$30,000.00
Senior Tech (AC2)
$85.00
24.00
$2,040.00
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